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HomeMy WebLinkAbout113170 MWH AMERICAS INC - PURCHASE ORDER - 9111329City of art Collins Date: 0310212011 Vendor: 113170 MWH AMERICAS INC 1801 CALIFORNIA ST #2900 DENVER Colorado 80202-2606 PURCHASE ORDER PO Number Page 9111329 1e12 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/02/2011 Buyer: OPAL DICK Note Line Description Quantity UOM Unit Price Extended Ordered Price 2011 ASSET MGMT PLANNING 1 LOT LS 450,000.00 2011 ASSET MGMT PLANNING 2 2011 ASSET MGMT PLANNING 2011 ASSET MGMT PLANNING City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.corn 1 LOT LS 125,800.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Telms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt forma state and local taxes. Our Exemption Number is 99-6,1502. Fedml E¢isc TO Exemption Certificate of Registry 94-lJ100587 is registered with the Collector of I mcned Rcecr u . Denver. Colorado (Rs. I. Colorado Revised Statutes 1973. Chapter 39-36. 114 Ind. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit. may be motored to you for credit and are not to be replaced except upon receipt of written instmetions fmm the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the rants and conditions hereof failure or delay to exercise any rights or remedies provided herein or by law. failure in promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval oflhe design, shall not release the Seiler of any of the wamntics or obligations of this purchase enter and shall not be deemed a waiver of any right of the Purchaser to insist upon strict performance hercefor any of its rights or rcnedics as to any such good.,, regardless Of when .shipped, received or accepted, as to any prim or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase enter by the Purchaser opoude as a waiver of any of the ter, hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this enter can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. nuihoriaed payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser wrrurzc that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby a,signs to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.N., City of Fen Collins. 700 Wad St.. Pon Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges renting to the particular goods or services othenvisc specified on this order. If pcmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where rumufamrcrs have distributing points in }union, parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or delbctivc goods by a date to be ngrecd upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchn,cr and the Stater, and the Seller thorea0cr indictees its inability or umvillingncss to comply, the Purchaser shipments arc made from greater distance. may cause the work In be perforated by the most expeditious nmcnns available to it. and the Seller sloill pay all costs ussuciuled with such work. permits. Server shall procure at sellers sole cost all necessary pemti6, ecniftcams and licenses required by all applicable lams, regulations. ordinances and mies of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fumhcr agrees to hold the City of Fort Collins hamilcss fmm and against ell liability and Ins, incurred by them by reason of an asserted or established violation of any such laws, regulations, ordimnces, rules and requirements, Authntimtion. All panics to this contract agree that the representatives are, in fact. bona fide and pmscm full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different toms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifvou cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the es. coca. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitmion. acceptance of partial late deliveries. shall opcmtc as a waiver of this provision. In the event ofmy delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to cause, rim rcaxanably foreseeable which am beyond it, reasonable control and without its fault ofnegligeace. such acts of Gad, acts ofeivil or militaryauthorities. governmental priorities, rims. strikes, Brad, epidemics, wars Or riots provided that notice of the conditions causing such delay is given to the Pureha,cr within five (5) days of the time when the Seiler first received knowledge thereof. In the event of nay such delay, the date of dchvcry shall be extended for the period equal to the time remally lost by reason ofthe delay. 3. WARRANTY. The Seller warrant, thal all goods, anicIc,. materials and work covered by this order will confrm, with applicnblc drawings, specifications, samples andlor other descriptions given, will be 0t for the purposes intended. and performed with the highest degree of care and competence in accordance with accepted standards for work Of a similar nature. The Seller agrees to hold the purchaser harmless From any loss, damage of expense which the Purchaser may so ffcr or incur on account of the Scllcrs breach of wamnly. The Seller shall replace, repair or make pad. without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tans of any applicable wamnty pmvidcd by the Seller after the date of acceptance of the good fur ishcd hereunder (acceptance not to be unreasonably delayed). resulting fmm impar feet or defective work done fir materials fumishcd by the Seller. Acceptance or use of gads by the Purchnscr shall not constitute a wa iecr of any claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pma imately caused by the breach of any of the foregoing wannfcx or guarantees. but such liability shall in no even) include loss of profits or less of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change order. 5. CIIANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tens, other than legal toms, including additions to or deletions from the quantities originally Ordered in the speciftcatinas or drawings, by verbal or written change order. If any ,arch change affects the amount due or the time ofperfomunce hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, unninate this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits On the unconideled portion of the goods and/or work. for incidental or consequential damages, and that no such mijuslmcal be made in favor of the Sclicr with respect to any goods which arc the Sellers standard stock. No such erminntion shall relieve the Purchaser or the Seiler of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or teminntion is ordered. R. COMPLIANCE. WITH LAW. The Seller wamnt, that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall cxcculc and deliver such documents as may be required to effect orevidenec compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Seller, failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign. transfer or convey this order. or any monies due of to became due hereunder without the pnor written consent of the other puny. H1 TITLE. The Seller wannts fall, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restriction,, reservations, security interest encumbrances and claims of olhco, The Seller shall release the Purchaser and its contractors of any tier from nil liability and claims of any nature resulting fmm the perfnmmnec of such work. This release shall apply even in the event of fault of negligence of the gam micascd and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warn my. shall not be deemed to be reduced, in any wuv, because such work is performed or caused to be perfomrat by the Purchnscr. 14. PATENTS. Whenever the Seller is rcquimd to use any design, device. material or process emend by letter, patent, trademark or copyright. the Seiler shall indemnify find save harmless the Purchnscr from any and nil claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmscenion or inter the completion of the work. In case said egnipmcnt or any pan thereof or the intended use of the goods, is in such .suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall. at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bnnkoipt, make ter assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperty or business, this oiler may forthwith be canceled by the purchaser without liability. IG. GOVERNING LAW. The definitions oftcnns used or the interpretation of the agreensent and the rights ofall panics hereunder shell be construed under and governed by the Imes ofthc Stine of Coloado, USA. The folloviag Additional Conditions apply Only in cases where the Seller is to perfnm work hereunder, including the services of Sellers Reprcscaudive(s). on the prcmiscs ofother, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller, own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seiler. the Seller .shall receive, unload, store and handle same at the site and hmome responsible themfor as though such materials and/or equipment were being fumisshed by the Scllcr under the order. IR. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers contpcnsation, including occupational disease bcncfits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Imes of the state in which the work is to be done The Seller shall also carry comptchensive general liability including, but not limited to, contractual and automobile public liability insurance .with bodily injury and dclim its mits of at least S}ogWn o for any one person, S5pgIX10 for any one accident and pmperty damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for ,such compensation nail insumncc. Before any of the Sellers or his contractors employees shall do any %Fork upon the prcmiscs of nlhers, the Seller shall fimumh the Purchaser with a certificate That such compensation and insurance have been provided. Such ecnificales shall specify the date when such compensation and insumncc have been provided. Such ccrincate, shall specify the date when .such compensation and insurance expircs. The Scllcr agrees that such compensation and insumncc shall be maintained until after the etni a work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability Funny and all dentagc, loss or igiury of any kind or nature vvhmsoevcr To persons or progeny caused by fir resulting front the execution of the work provided for in this purchase Order or in connection hem,o t. The Sclicr will indemnify and hold harmless the Purchnscr and any or Of of the Purchasers of(icems. agents and employees from and against any and all claims. dosses. damages, charges or expenses, whether direct or indirect. and whether to persons or properly to which the Purchaser may he put or suft_iect by reason of any act, action, neglect, omission or default on the pan of The Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees, In case any suit or other proceedings shall be lima mht against the Purchaser or its officers. agents or cntployccs at any time on account Or by reason of any act action, neglect, omission Or default of The Seller of am, of his contmetors or any Of its Or their ofFect,. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs no cspense, to pay any and all costs, charges. attome7s fees and other expenses. any and all judgments that may be incurred by or Obtained against the Pltrcha,cr or any of its or their of iccm. agents or anplovecs in such suits or other moeeedings, and in case judgment or other lien be pla¢d upon or obtained against the pmperty, riffle Purchase, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to he dissolved and diwifirged by giving bond or othenvisc. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety inehuline. but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation, issued pursuant thereto. Rcviscd 03/2010