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HomeMy WebLinkAbout102541 CH2M HILL INC - PURCHASE ORDER - 9116916PURCHASE ORDER PO Number Page City of 9116916 1 of z Collins1 his number must appear 1 on all invoices, packing `t slips and labels. Date: 11/21/2011 Vendor: 102541 Ship To: WATER TREATMENT PLANT #2 CH2M HILL INC CITY OF FORT COLLINS 322 E FRONT ST SUITE 200 4316 W LAPORTE AVE BOISE Idaho 83702-7359 FORT COLLINS Colorado 80521 Delivery Date: 11/21/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price OTHER CAPITAL OUTLAY 1 LOT LS 522,000.00 WO #CH-WTF-2011-2 U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill it, 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.com Total $522,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 134-6000557 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statems 1973. Chapter 39-26, 114 (a). Galls Rejected. GOODS REJECTED due to failure to meet specifications, either whim shipped or due to defects of damage in transit. may be mounted to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Four Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies pmvidcd herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hcrcunder or approval ofthe design, shall not release the Seiler of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the Purchaser to insist upon strict performance mronforany of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported coal modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins However, it is to be understood that FINAL Scller and the Purchaser recognize that in nctual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedurcs. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchascr any and all claims it may now have or hereafter Freight Tears. Shipments most be F.O.B., City of For Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepsmmly, 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 manufacturers have distributing points in various pans of the country, shipment is lithe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess (might will be deducted firm Invoice when Purchaser and the Seller, and the Seiler thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the must expeditious means available to it, and the Scller shall pav all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Eon Collins harmless from and against all liability and loss incurred by them by reason of an assayed or established violation of any such laws, regulations. ordinances, rules and requircmcnrs. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fnnh and any supplementary or additional tcmrs and conditions annexed hereto or incorporated herein by mfiacmc. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence Delivery and performance must be effected within the time stated on the purchase order all the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delivades, shall operate as a waiver ofthis prevision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable far damages. However, the Sella shall not be liable for damages as a msult of delays due to causes not rcasnnably foreseeable which arc beyond its reasonable control and without its fault ofncgligence, such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Purchascr within five (5) days of the time when the Seller first received knowiedgc thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he ❑t for the purposes intended, sad performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of waromay. The Seiler shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting firm impolva or defective work done or material, furnished by the Seiler. Acceptance or use of goods by the Purchaser shall nor constitute a waiver ofany claim under this womanly. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees. but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terns including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofpafommance hereunder, an equitable adjusmrent shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject many equitable adjustment between the panics 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 uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordcrcd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify, and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due haminder without the prior written consent of the other party. 10. TITLE. The Seller wmmnts full, 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, restrictions, reservations, security interest encumbrances and claims ofthh.. The Seller shall rclaee the Purchascr and its contractors ofany tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofmch patty. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or process covered by lamer, patent, trademark or copyright, the Scller shall indemnify and save hamdess the Purchaser From any and all 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 prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute iufringan"t 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 some with substantially equal but no unfringing equipment, or modify it so it beeomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may fonhwi th be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used mile interpretation ofthe agmancut and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State ofColomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprescntativas), on the premises of orhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllces own risk until the same is fully completed and accepted, and shall, in ease of any accident. destruction or injury to the work and/or materials before Scllers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and beeomc responsible therefor, as though such materials and/or equipment were being furnished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, sad/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of al least S300.000 for any one parson. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises of others the Scller shall furnish the Purchascr with a cenificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby msumcs the entire responsibility and liability for any and all damage, los%or injury ofany kind or nature whanscover to persons or property caused by or resulting from the execution of the work provided for in this purchase orderor in connection herewith. The Seller will indemnify and hold hanni the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may be put or subject by reason of any act. action, neglect, omission or default on the pan of the Scller, any of his contractors, or any of the Scllcrs or contraetors officers, agents or employees. In case any suit or other proceedings shall be bmught against the Purchascr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect. omission or default of the Seller of any of his contactors or any of its or their omcar. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at Sellers own expense, to pay any and all costs, charges, anomevs fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, ngcros or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchascr, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The SCIICT 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 including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010