HomeMy WebLinkAbout113170 MWH AMERICAS INC - PURCHASE ORDER - 9143170Fort Collins
Date: 06/09/2014
Vendor: 113170
MWH AMERICAS INC
1801 CALIFORNIA ST #2900
DENVER CO 80202-2606
PURCHASE ORDER
PO Number Page
9143170 1o13
This number must appear
on all invoices, packing
sli s and labels.
Ship To: DRAKE WATER RECLAMATION
CITY OF FORT COLLINS
3036 ENVIRONMENTAL DRIVE
FORT COLLINS CO 80525
Delivery Date: 06/09/2014 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t WO#M-WRF-2014-6
DESIGN SERVICES FOR DWRF
1 LOT LS
414,284.00
SPT BNR & REPLACEMENT PROJECT DESIGN - PART 2
GRANT FUNDED - NUTRIENT GRANT #61444 BY THE COLORADO DEPARTMENT OF PUBLIC HEALTH
AND ENVIRONMENT
Additional Terms & Condition:
1.Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional
represents and agrees that:
a. As of the date of this Agreement:
1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this
Agreement; and
2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as
amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States
Department of Homeland Security (the " e-Verify Program" ) or the Department Program (the " Department
Program" ), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order
to confirm the employment eligibility of all newly hired employees to perform work under this Agreement.
b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement
or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to
perform work under this Agreement.
c. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake
pre -employment screening of job applicants while this Agreement is being performed.
d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly
employs or contracts with an illegal alien, Professional shall:
1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the
subcontractor is employing or contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant
i P14
,'::,r:
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
City of
F6r_t Collins
PURCHASE ORDER
PO Number I Page
9143170 2of3
This number must appear
on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
to this section the subcontractor does not cease employing or contracting with the illegal alien; except that
Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor
provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal
alien.
e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment
(the " Department" ) made in the course of an investigation that the Department undertakes or is undertaking
pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S.
f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-
102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be
liable for actual and consequential damages to the City arising out of Professional' s violation of Subsection 8-
17.5-102, C.R.S.
g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement
and the City terminates the Agreement for such breach.
2. Compliance. Vendor shall strictly comply with all applicable federal and state laws, rules, and regulations in
effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair
employment practices.
3. Choice of Law. State laws, rules and regulations shall be applied in the interpretation, execution, and
enforcement of this PO. The CUCC shall govern this PO in the case of goods unless otherwise agreed in this PO.
Any provision included or incorporated herein by reference which conflicts with such laws, rules, and regulations
is null and void. Any provision incorporated herein by reference which purports to negate this or any other
provision in this PO in whole or in part shall not be valid or enforceable or available in any action at law, whether
by way of complaint, defense, or otherwise. Unless otherwise specified in the solicitation or this PO, venue for
any judicial or administrative action arising out of or in connection with this PO shall be in Denver, Colorado.
Vendor shall exhaust administrative remedies in CRS §24-109-106, prior to commencing any judicial action
against buyer.
4. Fund Availability. Financial obligations of buyer payable after the current fiscal year are contingent upon funds
for that purpose being appropriated, budgeted and otherwise made available. If this PO is funded in whole or in
part with federal funds, this PO is subject to and contingent upon the continuing availability of federal funds for
the purposes hereof. Buyer represents that it has set aside sufficient funds to make payment for goods delivered
in a single installment, in accordance with the terms of this PO.
5. Governmental Immunity
Notwithstanding any other provision to the contrary, nothing herein constitutes a waiver, express or implied, of
any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity
Act, §CRS 24-10-101, et seq., as amended. Liability for claims for injuries to persons or property arising from the
negligence of the State of Colorado, its departments, institutions, agencies, boards, officials, and employees is
controlled and limited by the provisions of the Act and the risk management statutes, CRS §24-30-1501, et seq.,
as amended.
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 3 of 3
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fan Collor is exempt from state and local axes. Our Exemption Number is 11. NONWAIVER.
95404502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the team and candifions hessu f, failure or delay to
Innmal Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1923, Chapter 39-26, 114 (a), exeteise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the corm of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
Goals Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wammlies or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be mounted to you for credit and me not to be replaced except upon receipt of women purchaser to insist upon strip performance hereofor any of its rights or remedies as to any such goads, regardless
instructions fmm the City of Fort Callus. of,ben shipped, received or accRted, as to any prior or submqumt default hereande, nor shall any postponed
mat modifm,ion or rescission of Nis purchae, Order by the Purchaser operate ax a waiver of any of the to.
Inspection GOODS are subject to the City of Fan Collins inspection on arrival, hereof.
Final Acceptance. Receipt of till, merchandise, se r equipment in response to this order canresult in 12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pat of he City of Fort Collins. However, it is to M mathematical bar FINAL Seiler and the Purchaser manicurist that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE, is dependent upon completion ofall applicable required inspection procedures. violations art in fan home by the Purchmer. Thouldfre, for good cons, and as consideration for executing this
purchase order, the Seller hereby sessma; to the purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fat Collins, 7W Wood Sr, Fort Collins, CO 80522, unless acquired under Wood or sale anlitust laws for such overcharges relating he the padicilar goods or services
.themise specified ran this order. l f permission is given to prepay height and charge separately, the original freight purchased marmtred by the Purchaser parsnunl to this purchase order_
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAI IONS.
Shipment Distance. Where mmvgacwm, have distributing Points in varific, pans of the country, shipment is Figs, Purchaser directs the Seller o cancer mmmonfonaing or defective goods by a date to be agreed upon by the
eapecad fro the nearest contribution if, to destifin m,, and excess freight will be deducted fmm Invoice when Purchase and the Seller, and the Seller thereafter indicates its inabilie, or unwillingness to comply, the Purchaser
shipments are made from greater distance. may cause the work m be performed by the most expeditious means available to it, and the Seller shall pay all
mats associated with such work.
Permit, Seiler shall procure at sellers sale con all ne ssory pem,its, certificates and licenses required by all
applicable laws, regulations, ordinances and roles ofilm sate, manicipality, territory ar political subdivision where
the work is performed, or required by any other duly constituted public authority havingjurisdicrion over the work
of vendor. Sells, further, agrees 1m hold the City of Furl Collins harmless fmm and against all liability and loss
insturred by then by reason of an comed or esaMished violation ofany such laws, regulations, ordinances, rules
and mqui .arms.
Authorization. All parties to this contract agree that ,he representatives a%, in fact, loran fide and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS, This Purchase Order cxpmsvly limits acceptance to the times and condilians &rated
herein set both and any supplementary or additional tears and conditions annexed hereto or incorporated herein by
reference. Any addi tioual or differ,.,, ....... and condilians promised by avuer are bPosed to and herehy or eded.
2. DELIVERY.
PLEAS17 ADVISE PURCHASENG AGENT numerically ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time
sated at, the patch.,¢' onleo and the documents matched hereto. No ace of the Purchaun including, without
Truanlon, acceptance of partial Tate deliveries, shall opcmte as a waiver of this provision, In the event orally delay,
the Purchaser shall base, in addition to allies legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damage. IT., clear the Seller shall not be liable for Damages as a molt of delays
due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligmee,
such aces of God, acts ofirmil or military authorities, govemmenal priorities, fires, slfikes, flood, epidemics, was or
riots provide Char notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Seller Gast received knowl Vge rhox.f. In the even, of an, such delay, is. date of del ivory shall be
extended for the pmad equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants chat all goods, amides, materials and work covered by this order will conform with applicable
drawings, specifications, samples mi other descriptions given, will be fit for the purposes intended, and
perfumed with the highest degree of care and competence in accordance with accepted standards for work of a
miler nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwarranty. The Seller shall replace, repair or make
good, without over in the purchase, any defects or faults arising within one (1) year or within such longer period of
rime as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (om fumom it., to be minor naFly delayed), muting fion, imperfect
or defective work done or materials famished by the Seller. Acceptance or use ofgm,ds by the Purchaser shall not
consOmte a waters of eny claim under this warraary. Except as otherwise pmvircul in this purchase order' the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the blackmail wamemin
or guaantecs, but such liability shall in no event include loss of profs or loss of use. NO IMPLIED WARRANTY
OR MERCI IANTABI LITY OR OF FITNESS FOR PURPOSE SE IAt.1, APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal amrs by written change older.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes 1u the terms, mile, than legal tents, including addldons 10 or delsions form
the quantities originally ordered in the npeaificltions or drawings, by vebsl or wrinen change code,. If any such
change affects the amount due or the time of perfom,nne hereunder, as equable adjuslmrnl shall be,mad,
6. TERMINATIONS.
The Purchaser may at any time by written change Order, transonic this agreement as to any or all random, of the
goods then not shipped, subject its any equitable adjnslmonl between the Tactics as to any work of materials then In
pmgass pmmded film Ibe Paid,—, shall not be liable fa any claim& frr anticipated profits on the uncompleted
potion of ,he goods and/or work, for incidental or consequential coinages, end that nu such adjustment be made in
favor of the Seller with resp¢uo any goad- which are the Sellers mankind stuck. No such termination shall relieve
the Purchaser or the Seller ofany artistic obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADIUS rMENT.
Any rain, far adjustment mast be asseted within thirty (30) days from the date the change or termination is
amend.
8_COMPLIANCE WITH LAW,
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
omplianee with all applicable laws and regulations to which the goods are subject "I'lie Seller dust execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
ncorporaled in agreements of Nis chancellor are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the purchaser harmless fmm all casts and damages sunned by the Fashioner as a muff of the
Sellers failure to camply 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 pray.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items fmished
in performance of this agreement, tree and deer of any and all liens, r olifin ars, reservations, security in,eren
encumbrances and claims mothers.
The Seller shall release the Purchaser and its comments of any lie, from al I liability and claims ofany —lure
resulting fmm the performance ofsuch work.
This release shall apply even in the event of halt or negligence or the pang relussed and shall extend to the
directors, effects Ord employees of ouch party.
The Sellers contractual obligations, including warranty, shall not ha deemed to be reduced, in any way, because
such work is performed or caused to Ix performed by the Purchaser.
14, PAT'ENTS.
Whenever the Seller is rquiml o rase any design, devim, material or process amored by lever, patent, trademark
in copyright, the Serer shall indemnify and save harmless the Pnrchaer fmm any and all claims for infringement
by reform of the ON of such patented design, device, material or process in connection with the colonel, and
shall indemnify the Purchaser for any cost, expense or damage which is may be obliged to pay by reason of such
infringement to any time during the pmsecul ion or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute Infringement and the net of
son quiparest or pill is enjoined, the Seller shall, a1 its own expense and al its option, eillwr promm for the
Purchaser the right to continue using said equipment m pans, replace the same wish substantially goal but
amdnGnging equipment, m moJiry ft so if bcormes mrninrringing
15, INSOLVENCY.
If the Seller shall become insolvent o1 bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or tustte for any of the Sellers property or business, this order miry forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ortmncs used or the interpretation of the aga maddest and the rights ofall parries hereunder shall be
construed under and governed by the laws of the State ofcolwudo, USA.
The following Additional Conditions apply only in cases whore the Seller is to perform work hereunder,
including the services i f Scllcrs Rcyresenalke(s), on the premiss ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall camy oa said work a, Sellers own risk until the same is fully completed and accepted, and shall,
an e of any accident, distinction or injury u, the work era&., maaria6 before Seller's fail completion and
acceptance, complete the work at Sellers own expense and to the mtisfillion of the Purchaser. When matelots
and equipment are Formulated by Others for imlallation or erection by the Seller, the Seller shall incise, unload,
some and handle same at the she and become responsible therefor as though such materials and/or qulpmenl
were being famished by the Seller mder the order.
18. INSURANCE:.
The Seller shall, at his oxen expense, provide for the payment of workers compensation, including occupational
disease bcncfts, to its employees employed on or in connection with the work covered by Ibis purchase order,
and/or to their dependents in accordance with the laws of the sane in which the work is to the Jane. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insunmc,, with bodily injury, and Berth limits of at leas, S300,000 for any one person, $500,000 far any
one accident and Factory damage limit per accident of S,R)IO .The Seller shall likewise squire his
contractors, Wary. 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 Seller shall famish the [interstate with a certificate
that such compensation and insurance base been provided. Such cerificales shill specify the dare when such
otapensa,ien and insurance have been provided. Such certificates shill specify the date when such compensation
and insurance expires The Seller agrees that such compensation and insurance shall be mainained until after the
entire work is completed and amepad.
19. PROTECTION AGAINSTACCIDENTS AND DAVIAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofany kind
or nature whatsoever- to Persons or property caused by or nothing from the execution ofthe work provided for in
this purchase order or in connection herewith The Sol let will indemnify and hold harmless the Purchaser and any
r all of the Purchmen officers, agents and employees fro and against any and all claims, losses, damages,
charges or expenses, whether direct or fi dim,, and whether 10lersoss to property of which the Purchase, may
be put or subject by meson of any an, action, region, omission or default an the pan of the Seller, any of his
contractor, or any of the Sellers or contractors onions, agents or employees. In case any suit or other
Proceedings shall be bmugd, against the Purchase, or its officers, agents or employces at any if an on account or
by renson of any rct, nation, neglect, omission or default of the Seller of any of his contractors or any of its or
their affairs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense herefr and to
defend the same at the Sellers Own expense, lr pay any and all costs, charges, aaomrys fees and other expertus,
any and all judgments that may h incurred by or obtained again, the Purchaser or any of its or then officers,
agents or employees in such auto or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property othhe Purchase, or said parties in or as a result of as], suits M Other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or offensive. The Seller and
his contractors shall take all every precauriom, famish and imall all gumds Mceavry for the prevention of
accidents, comply with all laws and regulations with refloat to safety including, but without limitation, the
Occupational Safely and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03R010