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HomeMy WebLinkAbout113170 MWH AMERICAS INC - PURCHASE ORDER - 9142993PO PURCHASE ORDER 914299er Page CI�/Of 9742993 lofz ' `t Collins olI Ins This number must appear ` �.I ` on all invoices, packing sli s and labels. Date: 05/30/2014 Vendor: 113170 Ship To: WATER UTILITIES MWH AMERICAS INC CITY OF FORT COLLINS 1801 CALIFORNIA ST #2900 700 WOOD ST DENVER CO 80202-2606 FORT COLLINS CO 80521 Delivery Date: 05/30/2014 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2014 ASSET MANAGEMENT 1 LOT LS 146,500.00 PLANNING EFFORTS 7019 Asset Mgmt. Plan Development 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@fcgov.com 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 I. COMMERCIALDETAILS. Tocieemptions. By statute the City of Fort Call ins a exempt from suite and local taxes. Our Exemption Number is 11. NONWAIVER. 98-Out Federal Excise Tax Exemption Carrion, of Registry 84-6000587 is registered with the Collins. of Failare of the Purchaser to insist upon strict performance of the rotas and conditions hereof, failure ar delay or Inmmbl Revenue, Denver, Colorado (Ref. Calcium Revised Scoules 1993, Chaper 39-26, 114 (a)r exercise any rights or remedies provided harem or by law, failure to Formerly notify the Seller in the event of a breach, the acceptance of or payment fur goods hereunda or approval of the design, shall not release the Seller of Goods Rejmed. GOODS REJECTED due to failure to men specifications, either when shipped or due m defects of any of the wamaatics or obligations of this purchase order and shall not W deemed a waiver of any right of the damage in trait, may be retailed to you for credit and art not to W replacer' except upon receipt of written somehow, 10 inert upon strip pr6rmance hereof or any of its rights or semedim as to any such goods, regardles instructions form the City of Fort Collins. of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported am[ modification or rescission of this purchase order by the parallel operate as a waiver of any of the terriers In accion. GOODS are subject to due City of Fan Collin inspection on arrival. hereof. Final Accpptace. Receipt of the merchandiu, sainces or equipment in asp nsc as this color can rerun in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of I. Collin. However, it is 10 be underslem that FINAL Seller and the Purchaser recognise that in actual in, nov is practice, emhargen resulting farm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purehaser. Tractufae,fargood cause and as consideration for executing this purchase under, the Seller herby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most W F.O.B.. City of poor Collins, 900 Wood SL, Fair Collins, CO 80522, unless acquired condor federal or state antivact laws for such m'acbarges rehom, no the particular good or services orM1erwiu specified on this order. IDpermission is given 10 prepay freight and charge separately, she original freight purchased or acquieed by the Parchaser pursuant to this purchase ordl bill mast accompany invoice. Additional charges for packing will not W accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When, mommar arm have deploring pints in common from of the country, shipment is If the Purchaser directs the Seller to curtest nonconforming or defective goods by a date no he agreed upon by the expected tram me rarest distribution point no dempation, and excess freight will W deducted farm Invoice when Purchaser and the Sella, and Has Seller Ner after indicant its inability or unwillingness b comply, the Purchaser shipments are made from gamer distance. may more the work to he Performed by the most expedition mean available to it and the Seller shall pay all costs associated wish such work. Permits. Seller shall procure at sellers sole and all necessary permits, certificates and limner required by all applicable laws, regulations, ordinances and roles of the stare, municipality, territory or political subdivision where the work is perfnrmm, or capital by any other duly constituted public authority having jurisdiction over the walk of vendor Seller further agrees to hold due City of Pon Collins foamless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, on imam, miss and onjob meats. Authorization. An parties to this contract agree that she ramicamlives are in fact, tan fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acoelaanew 10 the It. and conditions stated herein sus (call and any mppla natury err additional terms and conditions annexed hereto or incopoated herein by reference. Any additional Or ddfiboant vions and cnndoiurs proposed by seller are objected ha and hereby rejected. 2, DELIVERY. PLEASE ADVISE PURCHASING AGIINT immediately Byron cannot make complete shipment to arrive on your promised delivery data as noted. Time is ol'the essence. Dahvery and performance must he Reased within the time stated on the purchase order and the documents mtnaled herein. No acts of the Purchasers including, without imitmic n, overplance armorial late deliveies, shall operate as a waiver of this provision. In the event array delay, the Purchaser shall have, in addumo a other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable far damnga. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonbly foreseeable which arc beyond its reasonable control and without its fault of negligence, tech ants of Gad, eras of and or military authorities, govemmenwl priorities, fires, strikes, Good, epidemics, wars or riots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the lime when the Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for the larval equal to the time actually last by reuon of the delay. 3. WARRANTY. The Seller warrants that all goods, micles, mneoala and work covered by this omef will confoam with applicable drawings, specifications, samples anchor other descriptions given, will he th for nine putpom intended, and performed with the highest degree of are and competence in accordance with accepted standard for work of a rtnlm nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sutler or incur oa account arm. Sellers branch of warranty. The Seller shall aplace, repeir or make good, without cost to the purchases, any defects or faults acting within one (1) year or within such longer proof of time as any he prescribed by law or by thc leans ofany applicable waranry provided by the Seller afte the ate of acceptance of the goods famished hereunder, (acceptance not to ba unreasonably delayed), resulting from imperfect or defective work deare or materials fumahed by the Salley. Acceptance or rice of good by she Purchase shall not 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 pmximmely caused by the breach of my of the foregoing warranties or guurium, but such liability shall in no went include lass of pmfts or loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Puaham may make change te Icgal an. by wrier change onda 5. CHANGES IN COMMERCIAL TERMS. The Porcfoaur may make any changes to the Isms, other than legal terms, including addition 10 or deb aons (ram the quarititi. miRmi order) in the sperifcaimas or drawings, by verbal or written change another. If any such change affi cis the amount due or the time of Perfomasnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change .,do, terminm this agreement as to any or all portions of the good 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 W liable for any cannons far anticipated parfi¢ oa the unconsidered portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such terminmiun shall relieve the Purchaser or the Seller ofany of their obligation as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustmed must be asscncd within thirty (30) days from the date rise change or termination is Ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and rumored in strict compliance with all applicable laws and regulations to which ne goods are subject. The Seller shall execute and deliver such documents a may be required to eBect or evidence compliance. All laws and regulations required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchase as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or comely this order, or any monies due or to became due hereunder without he prior written consent rat, other party. I O. TITLE. The Seller warrants full, clear and committed title to the Purchaser for all equipment materials, and items famished in performance of this agreement, face and clear of any and all liens, restrictions, mancinons, security interest encumbrances and claims ofothen. The Seller shall relasse the Purchaser and its contractors of any tier farm all liability and claims of any mature resulting from the performance ofsuch walk. This reluse shall apply wen in the event of fault of negligence of the party released and shall extend 10 the directors, officers and employees of such Early. The Seller's contractual obligation, including warranty, shall not he deemed to be reduced, is any way, because such work is perforated or caused to W performed by she Purchase. Id,, PAI FNTS. Whenever the Seller is required to use any design, desire, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the ne of such oriented design, device, material or process in connection with the contract, and shall indennnify the Purchaser for any cost, expense or damage which it may W 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 good, is in such suit held to caution a infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expoose and at its option, either procure for the Purchaser the right to continue using said equipment or pads, replace the same with substantially equal but nomnfnaging equipment, or modify it so It becomes maiar inging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmp, make fin assignment fur the benefit of creditors, appoint a receiver or trustee for any of she Sellers property or bnsiness, this order may forthwith be canceled by the Purehaser whhoat liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and gevomad by the laws of the Stale of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreeenmtive(s), an the premim of others. IT SELLERS RESPONSIBILITY, The Seller shall carry on said work in Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work rumbas prommals Were Seller's final completion =it acceptance, complete the work at Seller's own expense and to the satisfaction of she Purchaser. When mmerizls and equipment are famished by Mors for installation or erection by she Sella. the Seller shall accelve, uWwd, shore and handle same at the site and become asponsible therefor as though such materials and/or equipment were being fomishcd by the Sella ander the order. 18. INSURANCE. The Seller shall, at his awn expeme, provide far she payment of workers compemation. indming cocupor mul disease benefits, to its employaes employed on or in connection with he work covered by this purchase order, aMbor to then dependants in mmndanm with the laws of Ore sure in which the work is to he done. The Seller shall also can comprehensive general liability including. but col limited In contractual and automobile public Liability im.c, wind bodily injury end death limits of to tarot S300,000 fur any one Arson. S500,000 for any one accident and ppny damage limit per accident of $400. 00. The Seller shall likewise acquire his car commoner, if any, to provide for such commutation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a combine that such compensation and iruumnce have been provided. Such certificates shall specify she date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and inurenee expires. The Sella agrees that such compnsatiun and insurance shall be maintained until after the emir, walk is completed and accepted. 19. PROTECTION AGAINST ACCIDEM S AND DAMAGES. The Seller hereby assumes the entire responsibil Ity and liability for my and at I damage, loss ar injury Of any kind or nature whanare v r to persons or property caused by or resulting from the execution ofthe work provided for in this puchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchasers nursers, agents vad employees from and against any and all claims, losses, damages, charges or expenses, whether direct or inducer, and whether to persons or property to which she Purchaser may be put or subject by reawn of any act, action, neglect, Omission or default on the pan of the Seller, any of his ontractma, or any or the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents Or employees at any time on account or by reason of my act, notion, neglect omission or default Of the Seller of any of his coatmcmrs or may of its ar their officers, agents or employees as aforesaid, the Seller hereby agrees an some the defense thereof and to defend the same in the Sellers own expense, to pay any and all costs, charges, attorneys Dori and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officer, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchase, or said parties in or as a mull of such suits or other proceedings, the Sella will at once cause the same 10 be dissolved and discharged by giving Wad or otherwise. The Seller and his contractors shall take all safety precaution, Recall and install all guard mcesvry for the maceration of accidents, comply with all laws and regulations with regand to angry including, but without limitarion, the Occupational Safety am Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised Wallin