HomeMy WebLinkAbout102541 CH2M HILL INC - PURCHASE ORDER - 9141935Fort Collins
Date: 04/08/2014
Vendor: 102541
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD CO 80112
PURCHASE ORDER
PO Number Page
9141935 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 04/07/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 ENGINEERING SERVICES FOR 2014
WO # CH-2014-1
WTF MASTER PLAN UPDATE PROJECT
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Faz:970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
396,400.00
Total
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
L COMMERCIALDETAILS.
Tax exemption. By statute Ue City of Fon Collin is exempt f oat state and Imal tazm.0ur Exemption Number is
I L NON WAIVER.
98-04503. Federal Excise Tan Exemption Cmifiente of Registry 84-60,00582 n mposmar, with the Collerm, of
Failure of the Purthner m insist upon strict perf avtt of the terms and conditions hereof, failure or delay to
Formal Revenue, Denver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26,114 (a),
exercise any rights or remedies provided herein or by law, fmlure to promptly notify the Seller in the event of a
breach, the acceptance for payment fro goods hereunder or approval of the design, &ball rut relctse tlse Seller of
Goods Rejected. GOODS REJECTED due to failure so meet specifications, either when shipped or due to defecs of
any of the warranties or obinnicus of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be retuned to you for craft Am am not to, be replaced except upon receipt of written
purchaser to insist upon strict performance hereefor any arm rights or remedies as to any such goods. regardless
instructions fur Ilse City affair Collins.
of whm shipped, received or accepted, as to my prior or subsequent default hereuMer, we shall any purported
onl modification or rescission of this purchase order by the Purchaser operate as a waiver of my ofthe 4m¢
Inspection. GOODS am subject to the, City of Fon Collins inspection an artival.
hereof.
Find Acceptance. Receipt of the merchandise, services or ryuipment in resper. ro this under an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amimriud payment on the pan of the City of Fort Collins. However, it is to be umerstood that FINAL
Seller and the Purchaser recogniam that th aerial examarair practice, overcharges resulting from an,ivus,
ACCEPTANCE is dependeal upon completion of all applicable required inpamor pros Imes.
violation am in fact home by the Purchaser. Theretofore, for good cause and as consideration for ex venom, this
purchase order, the Sella hereby assign to the Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under fire.[ or sal it., laws for inch overcharges relating to am particular goods or services
otherwise specified on this order. If permission is given na prepay freight and charge separately, the original freight
purchased or acquired by the Pandever pursuant in am purchase ordm.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distana. Where mnafacturers have distributing points in various pans of the country, shipment is
If the Purchaser directs the Seller to correct nonconf ing or defective goods by a date to ber agreed upon by the
expected from the nearest distribution in, m destitution, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to be Performed by the most expedition mean available to it, and the Sella shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, onlarnees and roles of the stare, municipality, territory or political subdivision where
the work is marginal, or required by very ,,her duly combatted public authority having jurisdiction over the work
of cordon. Seller ficaher agrees m, hold the City of Fan Collin harmless from and against all liability and loss
rtcd by than by reason of oured or extbdi lished violation of my such laws, regulations, ordinances, talcs
and requirements.
named
requirements.
Authorization. All parties to this contract agree that the representatives are, in fan.,, bona fide and posuv full and
complete authority m bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limit acceptance as the rem, and condition sated
herein set both and any supplementary or additional learn and conditions annexed herein or incorporated herein by
reference. Any additional or different terms and condition proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to amve on your
promised delivery date as noted. Time is cram, ¢sense. Delivery and pafnrmame rant be, effected within the time
sired on the p.mh. mda and the dnc urram attached harem. No acts of the Purchasers including, without
limitation, acceptance of Fordial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the gu¢hssee shall have, in addition to other legal and Notable remedies, the exptim urinating this ode elscwlsem
and bolding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due in muses not reasonably foreseeable which are beyond its reammble coral and without its fault of negligmce.
such was of Gad, acts ofcivil or mii mry authorities, govemmmal priorities, fires, strikes, flood, epidemics, wars or
riot, provided that notice of the condition causing such delay h given W the Purchaser within five (5) days of the
time when the Sena first mocivad knowledge thereof. In the event of my such delay, the date of delivery, shah be
extended for Uc period trial to the time actually last by reason afthe delay.
3. WARRANTY,
The Seller warrants that all sends, counts, materials and work covert by this order will cant with applicable
drawings, specification, samples mdlor other description given, will be fit for the purposes intended, and
ptdorenm with the highest degree of cart and rearmament in accordance with accepted sand T& for work of a
'miler nature. The Seller egrets to hold the purchase, harmless from any two damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach arrogantly. The Seller shall rrylace, repair or make
good, without cost to the purchaser, any defects or faults miming within one (I) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty Toroidal by the Seller all data of
acceptance of the goods famished hereunder rarptnce nob to be commis ably delayed), resulting fare, imperfect
or defensive work done or aralerials famished by the Seller. Acceptance or me of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing vestments
or guarantees, but such liability shall in no event include loss mprofts or toms 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 lest] man by written change odor
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may make any changes to the mm learn, other than legal rams, including addition deletion form
or deletioform
the quantities originally ordered in the specification or drawings, by verbal or wnnm change order. If my such
change officers the amount due or the time of permanence hereunder, an equitable adjusunent shall be mode.
6. TERMINATIONS.
The Pitarcluxuar may at any time by written change order, armiren, this agreement as to my or all portion afthe
goods then not shipped, subject to any attainable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall no, be liable far my claims for anlicipated profs on the memaplaed
Portion of the goods andfor work. for incident) or conryuentul damages, and mat no such mjntm tat be made in
favor afthe Seller with respect to my goods which are file Sellers standard stack. No such termination shall relieve
the Parthazer or the Sella ofany oftheh obligation as m any Raisin delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be rearmed within thirty (30) days from the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable lave and regulation to which the goods are subject. The Sella shall execute and
deliver such documents an may be squired to effect or evidence compliance. All laws and regulations required to be
ncarpotted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result crime
Sellers failure a 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 ofthe other may.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Producer for all equipmm, materials, and items fumished
at Performance of this agreement, free and clam of any and all lien, restriction, ..,,am, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
esnhing from the perfamran a ol work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, anleersand employees fsuch gam.
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 perforated by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hanmless the Pmcbaser from any and all claims for infringement
by reason of the use of such parted design, device, material or process in connection with the context,, and
shall indemnify the Push er for any cos, expense or damage which it may h obliged to pay by reason of such
infringement at my time during the prosecution or after the completion Of fire work. In case said ryuipment, or
any pan thereof or the intended use of the goods, is to such suit held to constitute inGngement and the me of
said ryuipment or pan is enjoined, the Seller sbal, at its own expense and at its opIim, citha procure for the
Purchaser the right to ..,area using said ryuipment or Pans, replace the same with amentatially equal but
noninfiri'mg equiproml, or modify i1 m it becomes namefiningiog.
I S. INSOLVENCY.
If the Seller shall become inmhon, or maintain, make an assignment for he beratit of crcdimrs, appoint a
receiver or tmsme Our any of the Sellers property or business, this order may foMwith be canceled by the
Purchncr without holiday.
16. GOVERNING LAW.
The definition ofmms Heal or the interpretation of the agrvnent and the rights of all parties hereunder shall be
conned under and govemed by the laws afthe Sate of Colorado, USA.
The following Additional Condition apply only in cases where the Seller is in perform work hereunder.
including the services of Sellers Re,msamm a(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and ace ptal, and shall,
in e of any accident, destruction or injury m the work cracker materials before Seller's find completion and
acceptance, complete the work at Seller's own expense and m the satisfaction afthe Purchaser. When materials
and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload,
stare and handle same at the in and become responsible therefor as though such materials manor equipment
were being fumished by the Seller 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,
armor m 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 at least $300,000 for any one person, 5500,000 for my
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of Ore Sellers or his contractors
employees shall do any work upon the premises oration, the Seller shall famish the Purchaser with a cut ifi am
that such contravention and insurance have Irma provided. Such certificates shall specify the date when such
camporeentim and intraw, have been provided Such ventilation shall specify the date when such ..,.,am
am insurance expires. The Sella agrees Out such compensation and insurance shall the aaintined until after the
entire work is complad and occepred-
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire ms,mnsibilby and liability for any am all damage. loss or injury ofany kind
or mmm whomm r,o person or property caused by or resulting from file execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hannlm the Purchaser and any
or all of the Purchasers oGcers, agents and employees from and again, any and o11 claims, losses, damages,
charges or exposes, whether direct or indirect, and whether to Famous or papery to which the Purchaser may
M put or subject by reason of my act action, neglect, omission or default on the Tart of the Sella, any of his
contractors, or my of the Sellers or contractors officers, agents or employees. In c any suit or other
proceedings shall he brought against the Purchasa, or its officers, agents or employers in my time on account or
by reason of my act, action, neglect, omissim or default of the Sella of my of his commotion or any of its or
their officers, agents or employers in aforesaid, the Seller hereby agrees to assume file defease thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affairs,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the prapem of the Purchaser, or said parties in or as a result nfsuch suits or other proceedings,
the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevemian of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursmnl thereto.
Revised (Dania