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HomeMy WebLinkAbout113170 MWH AMERICAS INC - PURCHASE ORDER - 9123639PURCHASE ORDER PO Number Page City OfCollins 9123639 1 of 2 Flirt Coll i ns This number must appear 1�—J`_' ` ` 1 'J on all invoices, packing slips and labels. Date: 0612012012 Vendor: 113170 Ship To: WATER UTILITIES MWH AMERICAS INC CITY OF FORT COLLINS 1801 CALIFORNIA ST #2900 700 WOOD ST DENVER Colorado 80202-2606 FORT COLLINS Colorado 80521 Delivery Date: 06/20/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 CONSULTING SERVICES 1 LOT LS 250,000.00 ASSET MGMNT PROG PHASE 4 2 OTHER PROF & TECH SERVICES 1 LOT LS 50,000.00 ASSET MGMNT PROG PHASE 4 Total $300,000.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt form state and local taxes.Our Exemption Number is 11. NONWAIVER. 98-6-1502, federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser In insist upon strict performance of the terms and conditions hereof failure or delav to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Stamtes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder nr approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to race, specifications, either when .shipped or due to defects of any of the wamnlicv or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercefor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall any purported oral malific dion or rescission of this purchase order by the Purchnscr operate as a waiver of any of the terns Inspection. GOODS are subject to the City of fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF AN f ITRUST CLAIMS. authorized payment on the part of the City of Fort Collins Hmsmver, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting From antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmcedums. violations arc in fact borne by the Purchaser. Theretofore, for good cause and ns consideration for executing this purchase older, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teats. Shipments most be F.O.H.. City of Fort Collins 700 Wood St.. Fort Collins, CO 80522. unless acquired tinder federal or state nations, Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to pmpny 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 manufacturers have distributing points in various pans of the country, shipment is If the 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 freight will be deducted from Invoice when Purchaser and the Seller, and the Seller whereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. time cause the work to be performed by the most expeditious means available to it, and the Scllcr shall Pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applieablc laws, regulations, ordinances and rules of nhc 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 vender, Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incumd by them by reason of an assened or established violation of any such laws, regtdntions, onlinanecs. odes sad mquitcrimrim An,hor is Lion. All panics to this contract agree that the representatives are. in fact. bona fide and posscsx full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein he reference. Any additional or dlffinent ,cots 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 von, premised delivery date as noted. Time is ofthe essence. 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 limitation. acceptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacinp this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of Gad, acts ofm it or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars Or riots provided that notice of the conditions causing such dclov is given to the Purchaser within live (5) days of the time when the Seller first received knowledge 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 of the delay. ,_WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the proposes intended. and perforated 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 or expense which the Purchaser may suffer or incur on account of the Sellers breach of ivamay. The Seller shall replace, repair m make good. without cost to the purchaser, any defects or faults arising within one (1) year eir within such longer period of time as may be prescribed by law or by the tcros ofany applicable wamnty provided by the Seller rfier the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofaav claim under this wam. nty. Except as mhcnvise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wam Ones or guarantees but such liability shall in no event include loss of Fortin, or loss of use. NO IMPLIED WARRANTY OR M F,RCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nine make anv changes to the icons. other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by eternal or wnuen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at anv time be written change order, moninme this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment benmen 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 sad/., work. far incidental or consequential damages, and that no such odustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser Or the Seller of any of their obligations as to any good delivered hacuader. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change err termination is onlcrcd. R. COMPLIANCE WITH LAW. The Seller wamhtts that all goads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall cxeenic and deliver such documents as may be required to effect orevidenec 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 held the Purchaser harmless fmm all costs sad damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TIT LE. The Seller warrants full. clear and unrestricted title to the Pu rehaser for all equipment materials and its ors Porn ished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier From all liability and claims of any name resulting from the performance nfsach work. This release stall apply cvca in the event of fault Of negligence of the party released and shall extend to the directors, otfiects and cmployccS nfsmch party. The Seller', contractual obligations, including ,runty. Shall not be deemed to be reduced. in any way, bereon, such work is performed or caused to he performed by the Purchaser. W. PATENTS. Whenever the Seller is required muse any design, device, material or process covered by letter. patent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser From any nark 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 Pnrchawr for any cost. expense or damage which it matt be obliged to pay by reason ofs ch infringement at any time during the prosecution or ancr the completion of the work, In case said equipment, or any part thcrcof or the intended use Of the goods, is in such .suit held to constinne infringement and the use of said equipment or pin 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 parts, replace the same with substantially equal hot nnninfringing equipment. or modify it sit it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bcnert of creditors, appoint a receiver nr mo cc for anv of the Sellers property or business wh is order may forthw i (It he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofohe agreement and the right Ofall panics hereunder shall be constmed undo and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Reprcsenutivc(M, on the pmmius ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully cemplewd and accepted, and shall. in ease of any accident. deslmction or iniLIM to the work and/or materials before Seller's final completion and neceptanec, complete the work at Setters own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload, .store and handle same a, the site and become responsible therefor as though loch materials aml'or equipment were being furnished by the Seller Order the order. IA. INSURANCE. The Seller shall, at his men expense, provide for the payment of workers compensation. including occupational disease benefits, to its employees employed on or in connection with the work coverts by this purchase order. and/or to their dependents in accordance with the lases of the state in which the work is to he done. The Seller shall also carry conipwhensive general liability including, but not limited to, eontmemal and automobile public liability insurance with bodily injury and death limits of at least S300.000 for any one person, S500,001) for anv 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 ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Stich certificates shall specify the date when such compensation and insumnee have been provided. Such emificmes shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall he maintained until aver the entire work is eompletcd and accepted. 19. PROTECTION AGA INS ACCIDENTS AND DAMAGES. The Seller hereby assonncs the entire responsibility and liability for any and all damage, loss or injury ofmv kind or nature whatsoever to persons or property caused by or resetting from the execution ofthe work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers offurs, agents and employees fmm and against nay and all claims losses, damages, charges or expenses, whether direct Or indirect and whether to persons or property to which the Puchnser may be put or subject by reason of any new, action, neglect. omission or default on the pan of the Seller, any of his contractor. or me of the Scllcrs or enntmemrs officers, agents or employees. In case any suit or Other proceedings shall be brought against the Purchnscr, or its officers, agents or employees at any time on account or by reason of any act, action, neglect emission or default of the Seller of any of his contractors or any of its or their Officers, agents or employees is oforcsaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs. charges, attorneys fees and other experees, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or emplovees in such suits or other proceedings, and in case judgment or other lien be placed upon or Obtained against the pmperty ofthe Purchaser. or said panics in or as a result ofst ch suits or other proceedings. who Seller will at once cause the same to be dissofred and discharged by giving bond orothenvise.'fhc Seller and his contractors shall take all safety precautions, furnish and install all guards noccssiry for the prcvcntion of accidents. comply with all lows and regulations with regard to safety including, but without limitation, the Occupational Safety and health Act of 1970 and all toles and regulations issued pursuant t wade. Revised 03/2010