HomeMy WebLinkAbout102541 CH2M HILL INC - PURCHASE ORDER - 9142074Fort Collins
Date: 04/11/2014
Vendor: 102541
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD CO 80112
PURCHASE ORDER
PO Number Page
9142074 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: 04/11/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 ENGINEERING SERVICES FOR T3
WO # CH-2014-2
EQUIPMENT REPLACEMENT STUDY PROJECT
7575
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 Fax: 970-221-6707 Email:purchasing@fogov.com
1 LOT LS
Total
Invoice Address:
57,774.00
$57,774.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tan exemptimss. By smack the City of Fort Collins n exempt f stare and ]mot area. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Combine of Registry 84fi000S8'/ is registered wide the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtuta 1923, Chapter 39-26, 114 (a).
Good Rejected. GOODS REJECTED due to failure to meet speeifintime, either when shipped or due to defects of
damage, in varnit, may be renuned to you for credit and are not to be replaced except upon receipt of wsiven
insvuctions from the City ofFort Collins.
Inpction. GOODS are subject o the City of Fan Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
authorized payment can the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.D., City of Fort Collins, 900 Wood St, Pon Collins, CO 90522, unless
otherwise specified an this order. U permission is given w prepay freight and charge separately, the original freight
bill ..at accompany invoice. Additional charges for packing will not be vcmplH.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments art made from greater distance.
Permits. Seller shall procure st sellers sole cost all necessary permits, certificates and licences required by all
applicable laws, regulations, ordinances aH tales of the smtq municipality, mrriwry or political subdivision where
the work is performed, in tequitd by any other duly contented public authority laving jurisdiction over the work
of vendor. Seller further agree to hold the City of ran Collins harmless from and against all liability and Inss
incurred by them by renown of an grimmest or established violation of any such laws. regulation, colonizers, colas
and requirements.
Authomou.n. All panics to this contract agree Had the representatives are, in fsm. bon fide and possess full and
complete authority to bind said Factors.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the mom and mndirions stated
herein act forth and any supplementary or additional kmn and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions pmpsH by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVIS17 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 rembnse order and the documents atucbed hcwtw No nets of the Purchaers including, without
limitation, acccptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any 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 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 of negligence,
such acts of GOJ, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
room provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be
extended for the period ryual to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrnba dim all good, article, mammals and work covered by this cover will confirm with applicable
drawings, specifications, samples nkor ether descriptions given, will be fit far the purposes intended, and
perfumed with the highest degree of rare and compmrntt in nmolame with accepted standard for work of a
mile nmrt. The Seller agrees to hold the purchaser harmless fmm my Iris, damage or expense which der,
Frenchman, may suf err or but, ono ratan, argue Sellers breach of w.ty. The Seller shall replace, repair or make
good, without cost to the retchatq my defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the terms army applicable warangy provided by the Seller after the date of
acceptance of the good burnished hereuMer beramesce not to be unaccountably delayed), resulting from immcfact
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except a otherwise provided in this purchase Polar, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any 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 wrinm change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the testes, he, than leyl aces, including addti m dared tss from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change afecm the amount due or the time ofpesfomanm immoral an equitable adjuammt stall be made.
b. TERMINATIONS.
The Purchaser may at any time by wrinm change order, terminate this agreement as to any or all portion of the
good then not shipped, subject to coy equitable Hju,trmma berween the panic as to any work in rntmah then in
Progress provided that the Purchaser shall not be liable for any claims for anticipated pmfts an the ncompletH
potion of the goods andror wok, for incidental or mnve,samial damages, and that m such adjustment be made in
favor of the Sella with respect to any good which are the Sellers sarndafd stock. No such termf iman shall relieve
the Purchaser or die Salley ofny of their obligations as many good delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mull be assured within thirty (30) days from the data the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in ,met
ompliance with oil applicable laws and regulations to which the good vre subject. The Seller shall execute and
deliver such documents as may be reauirad m effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this refinance. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damage sulfened by the Purchaser as n result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, mnsfr, or mmrey this order, or Pay mania due or in became due hereunder without the
prior written mnsmt of the other party.
10. TITLE.
The Seller wartants full, clear and umatriclH fide to the Purchour for all equipment' materials, and items f ishH
in prfomanee of this agreement, free nd clear of any and all lien, rearicames, rtsenwaions, smaiy ma t
encumbrane and claims ofodeers,
11. NONWAIVER.
Failure of the Purchaser to insist upon stria performance of the tams, and conditimas hereof, failure or delay to
exercise any rights in remedies provided herein or by law, failure to Promply notify the Seller in the event of a
breach, the acceptance afar pvymmt for goods M1creurder or approv it afilm deign, shall eat relent the Seller of
Pay of the wamnries or obligations of this purchae order and shall Put Its, dremH a waiver of any right of the
purahatr to insist upon strict pert nee hePeofor any ofits rights or remMies a to any such goods,regardless
of when shipped, received or accepted, so in any prior or subsequent default hereunder, no, shall any postponed
oral modification or Provision of this purchase order by the Purchaser opnna a, a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual carromic practice, overcharge reselling (rem antitrust
violations are in f t home by the Purchaser. Therawforefor good taut and ns consideration for executing this
purchase order, the Seller hereby assigns to the Parelo er any and all claims it may now have or hereafter
acquired under federal or sure untimtn laws for such overcharges relating to the particular good or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to careen nonconforming or defective good by a data to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may muse the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Seiler shall relent the Purchaser and its re nmctiss of my tier from all liability and claims of any =hire
resulting than the performance ofsuch work.
This relcee shall apply even in the event of fault of negligence of the party released and shall external to the
directors, olficm and employees ofsuch party.
The Sellers contractual obligations, including wananly, shall seal be deamed to M (Hared, in any, way, because
such work is performed or caused to he pal odby the Purchaser.
14. PATENTS.
Whenever the Seller is required in use any design, device, rearmal or pmccss covered by letter, parent, trademark
or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, deice, 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 caw said equipment, or
any pan thereof Pit the intended use of the Good, is in such .it held to constitute infringement vad 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 rquTnient, or modify it in it becomes noninfn'nging
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of crediwrs, appoint a
receiver sae trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition armors used or the Percipient ofthe agreement and the rights ofall parties; hereunder shall be
conmed under and governed by the laws ofdm Sate ofColomdo, USA.
The fallowing Additional Conditiom apply only in mars where dk Seller is to perform work heretudear,
including the services of Sellars Rryretntative(s), northernmost ofodiers.
12. SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellers own risk until die same is fully completes and accepted, and shall,
in u of any accident, destruction or injury to the weak ndror materials before Setters firal completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials nkor equipment
were being famished by the Seller under the Polar.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including Printout ... I
disease benefits, to its employees employed on or in connection with the wok covered by this purchase order,
maker to their dependents in accordance with the laws of the state in which the work is to he done. The Seller
shall Plan carry comprehensive gmaral liability including. but not limited to, continental and automobile public
liability insurance with bodily injury and tlmdi limits of al least $300,000 for my one person, $500,0stro for any
our accident and property dmagc limit par accident of S400,000. The Seller shall likewise require his
mmramors, if any, P. provide far such mmpnsmion nl insurance. Before any of die Sellers or his rummumors
employees shall der any wok upon the premises of others, the Seller shall famish the Perfecter with a cmificate
that such reorganization egal insurance have been prosnded. Such cardftmte shall a scify the date when such
mmptaation and histaminic haya been provided. Such certificates shall specify the time when such comisrrmtion
and insurance expire. The Seller agrees that such compensation said imuranm shall be mainarioed nail after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller binary assumes the entire rapmssibility and liability for my and all damage, loss or injury of my kind
r nature whatsoever to persons or property mused by or resulting from the execution order wok provided for in
this pumhat order or in connection herewith. The Seller will indemnify and hold hurmleas the Prormser and any
r all of the Purchasers officers, agents and employees than and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persom or property to which the Purshowr may
be put or subject by renown of any act, action, neglect, omission or default oa die part of the Seller, any of his
contmena , or any of the Sellers or contractors officers, agents or employees. In caw any suit or other
proceedings shall be brought against the Purchaser, or its officers, ega. or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the deface thereof and to
defend the same at the Sellers own expnt, to Pay any and all costa, charges, rauma,s fees end other expnses,
any and ell ju l mmm that may be incurred by or imainH against the Purchaser or any of its or their oIress,
agents or employees in such suits or other poceedings, and in mse judgment or other lim be places upon or
obtained against the proprty of the Purchaser, or said panties result of wish suits or other proceedings,
the Seller will at once raw the same w be dissolved and diwharngW by giving band or otherwise. The Seller and
his mnmcwrs shall take all safer Tacnttons, famish and install all guards nmesary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupation) Safety end Health Act of 1920 nd all ones mad regulations issued pursunt deetmP.
Revived 03no10