HomeMy WebLinkAbout113170 MWH AMERICAS INC - PURCHASE ORDER - 9136447City of
F„`rt Collins
Date: 10/13/2014
Vendor: 113170
MWH AMERICAS INC
1801 CALIFORNIA ST #2900
DENVER CO 80202-2606
PURCHASE ORDER
PO Number Page
9136447 1 of 2
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: 10/10/2014 Buver: PAT JOHNSON
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 C01 - DWRF Gas System & UV 1 LOT LS 14,355.93
Replace Design
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
Pay terms net 30 days
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
1. COMMERCIALDEFAILS.
Tax exemptions. By statute the City of Tom Collins is exempt from slate and local mass. Or, Exemption Number is
11. NONWAI VER.
98-04503. Federal Excise Tax Exemption Cenifcate of Registry 84-60di is registered with du Collector of
Failure of the Pushover in insist upon swim performance of the terms and conditions haw( failure or delay to
Intemal Revenue, Deaver, Colorado (Ref. Colorado Revised Serrates 1973, Chapter 39-26, 114 (a).
exercise any rights or mndies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, [be acceptance arm payment for goods hereunder or approval of the design, shall not release rise Seller of
Goods Rejected. GOODS REJECTED due to failure le meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not M dcemed a waiver of any right of the
damage is canal, may be resumed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance harmfor any of its rights or remedies as to any such goads, regardless
mswctions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subscquan default hameander, not stall any Followed
am[ modification or rescission of this purchase order by the Purchaser operate a, a waiver of any of the taros
Inspmtim. GOODS are adjec, to the Cur of Pod Collins inspection oa wreak-
hemof.
Final Acceptance. Receipt of the merchandise, se r equipment in response to this Omer en result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized paymm, m the pun of the City of Foe Collins. However, it k to M understood thatFINAL
Seller and the Purchaser rcognice Nat in actual economic practice, comedowns,resulting from antiauv,
ACCEPTANCE, O dependem upon sample ims of all applicable required inspection procedmes.
violations are in fact home by the Purchaser. Theremfore,fm good evru and a, consideration for executing this
purchase order, the Seller hereby warps to the Purchaser any and all claims it may now have or hereafter
Freight Tem, Sbipmews i nic be F.O.D. City of pon Collins, 700 Wood St., Fun Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relining to the particular goals or services
otherwise s,mi that on this Omer. If permission is gieen to prepay freight and charge separately, the original freight
purchased or acquired by the Parehsser purspart to this purcou order.
bill must cassum ray invoice. Additional charges for packing will not M accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where nonmdurers have distributing points in various pans of the country, shipment is
I f the Purchaser directs the Seller to correct noneomrming or defective goods by a date to be agreed upon by the
expected form ,he nearest distribution paint m destination, and excess (might will M deducted from Invoice when
Purchaser and me Seller, and the Seller thereafter indicates its inability or on%iilingness to comply, the Purchaser
shipments arc made from greater dismnce.
may more, the work to be performed by the most expeditious seam available to it, and the Seller doll pay all
cents associated with such work.
Porous, Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulations,.adinances and mlea of the state, municipality, motion, or political subdivision where
the work is performed, or required by any other duly conuimted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fora and against oil liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mks
and requiremens.
AmMrvmion. All probes to this compact agree tot the repreuna,ivcs are, in fact, bon.'r Ede and possess full and
omplete salon r. bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the corms and conditions stated
herein set forth and any supplementary or additional arms and rendition annexed herd. or incer,ormd herein by
reference. Any additional or different Isms and ... daims proposed by seller me objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if yen cannot make man'lero shipment cos :move no your
promised delivery data as noted Time is Of the essence. Delivery and prumpar ace must be effected within the time
wood on the purchase order and the documents attached hereto. No aca of the Purchasers including, without
limitation, acceptance of papal Irate deliveries, shall operate as a waiver of Nis provision. In the even, crony delay,
the Parchaser shall have, in addition to other legal and equitable tornados, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages as u result of delays
due m causes no, reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such pass of Gd, use of civil or military, authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided than notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first proceed knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal m the time actually lost by pason oFlhe delay.
3. WARRANTY.
The Seller warrants 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 purposes intended, and
Performed with $e highest degree of cart and competence in accordance with accepted sandams for work of a
similar more. The Seller agrees m Mid the purchaser harmless from any loss, damage Or expense which the
Purchases may surfer m incur on account of the Sellers breach orientally. The Seller shall replace, repair or make
gaud, with.., cost m the purchase, any defects or faults wising within one (I) year or within such longer period of
time as may be prescribed by law o, by the more of any applicable warranty provided by the Seller alter the data of
acceptance of the good f bled hereunder Bramptmce not to he unreasonably delayed), resulting from -prefer
are defective work done or materials famishd by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
how Ity hereunder shall extend to all d sages pmxime rly mused by the breach of any of the foregoing w.rmmies
or guammer, , bur 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. CHANG F:S IN LEGAL TERMS.
Ow Purchaser may make changes m legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than login terms, including avldnions to or deletions from
the quantities originally ordered in the a umofirdow, or drawings, by verbal or wriMn change .me,, If any such
change agee. the amaum due w the time of,poncrowe thereunder, anequitable rjusumem mdl ke made.
6. TERMtNATIONS.
Too Purchaser may at any time by written change order, terminate this agreement as to any or all ponim, of the
goods then not shipped, subject to any equitable djustmen, between the lairs as to any work no materials than in
progress provided tot the Purchaser shall not M liable for any claims fin anticipated profits m the uaoompleta
Portion of the goods under wed, for incidental or comositio dal damages, and that no such adjustment M made in
Liver of the Seller with respect to any goods which are the Sellers standard sleek. No such termination shall relieve
the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereunder.
9. CLAIMS FOR ADR)STMF.NT.
Any claim for adjustment must be asserted within thirty (30) days boom the date the change or pectination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warams that sell good sold hereunder shall have been produced, sold, delivered and famished in grin
compliance with all applicable laws and regulations to which the goods are mbject.'IT,e Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to M
ncormowul in agreement, of this character are herby incorporated hemin by this reference. The Seller agrees to
indemnify and hold the Purehpser hamlets fora all was and damages suffered by the Purchaser as a rcadl of IM
Sellers failure I. comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, Or my monies due or to become due hereunder without the
prior written consent of rise other parr.
ILL TITLE.
The Sella warrants full, clear and urantrided title to the Purchaser for all equipment, materials, and items f ishd
in performc a of this agreement, free wind aclear of my and all lienreserv, restriction, ai lest security interest
cncumbmnccsand claims predicts.
The Set let shall release the Purchaser and its contractors of any tier from all liability and claims of any aware
resulting from the performance of such work.
This relmv shall apply even in the event of fan], of negligence of the party released and shall extend 1. the
dlrcdon, unite. and employees ofsuch parry.
The Seiler, economical obligations, including warrenb. shall m, be dean d to M seduced, in any way, because
such wok is performed or caused r. M performed by the Purchaser.
14. PATENTS.
Whenever the Seller is requital to use any design, device, material or Forces, covered by letter, patent, trademark
copyright the Seller shall indemnify and save haronless the Purchaser fmm pay and all claims for infringement
by reason of the use of such resealed design, device, material or process in connection with the c.nwad, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such
inGngement at my time during the persecution or after the completion of the work- In case said equipment, or
any pro thereof w the ma ndr use offer goads, is in such sun held In corporate infringement and the use of
said equipmm, or pan u enjoined, the Seller shall, m its own rxpeuu and al its op ow, either procure far the
Purchaser the right to continue using said equipment or pans, replace the snore with substmtially own but
noninfringing equipment, or modify it so it becomes tmninGnging.
15. INSOLVENCY.
If the Seller shall become indle n or bankorm, make an assignment far the benefit of creditors, appoint a
receiver or mstee for any of the Sellers properly or business, this order may forthwith be canceled by the
Pu¢hem, wlthoot liability.
16. GOVERNING LAW.
The definitions armors used or the imerawatim aide agreement and the rights of all parties hereunder shall be
consumed under and governed by the laws mi the State of Col..&, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Reponeir mivHs), on the premises ref others.
17. SELLERS RESPONSIBILITY.
The Seller soli tarty on said work at Sellers own pick until the some is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work mNor mareriala before Settees final completion and
acceptance, complete the work at Sellers own expense and m the satisfaction of the Purchase, When materials
and equipment ate furnished by others for installation or erection by the Seller. the Seller shall receive, unload,
more and handle vine at die site and become responsible therefor as though such wkmdam major equipment
were Ming fished 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 employers employed on or in connection with red work covered by this puahau Omer,
and/or to Nair dependents in accordance with the laws of the stem in which the work is to be done. The Seller
shall also carry compashousivic general liability including, bat ram limited to, contradnal and automobile public
liability insurance with Mdoy injury and death [imn, of at least S300,000 for any one person, S500,000 to, any
one accident and property damage limit Per accident or S400,000. The Seller shall likewise memo, his
contractors, ifloU, to provide for such compensation and insurance. Before my of the Sellers m his contractors
employees shall do any work upon the premises of others, the Seller shall famish the P—dawa r with a reinforce
that such compensation and insurance have been provided. Such certificates slash specify the date when such
compensation and insumne have been provided. Such cerificates shall specify the die when such compensation
nd outcome, expires. The Seller agrees that such compenation and insurance shall M mainaind,mi] aver the
entire work is completed and acceptor.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby nvumes the entire wi jusibiliry and liability for any and all damam, loss or injury army kind
or aware wotaaever to reasons or property mused by or resulting fmm the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to Follow or property to which the Pumhasa may
M put or subject by reason of any act, action, noReed. omission m default on the part of the Seller, my of his
contmetor, , or any of the Sellers or compactors officers, agents or employees. In case my suit or other
proceedings shall be brought against he Purchase, or its officer, agents or employees at any time on account or
by reason of my act, action, neglect, omission or defmlt of the Seller of any of his comproma or any of its or
their officers, agents Or employees a, aforesaid, die Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all casts, charges, moseys fees and other expenses,
any and all judgments that may be incurred by Or obtained again, the Purchaser or my of its or their officers.
agents or employees in such suits or mher proceedings, and in case judgment or other lien be placed upon or
Obtained against the property of the Purchaser, or and wrim in or n a result crunch suits or other prottssimp,
the Seller will at once cause the same to M dissoh'd and discharged by giving bald or oherwise. The Seller and
his contractors shall take all safety precautions, famish and intall all guards necessary for the prnxmion of
accidents, comply with all laws and regulation with regard to safety including, but withoul bailout., me
Occupational Safety and Health Act of 1970 and all tales and regulations, boar pursuant therein.
Revised OM014