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HomeMy WebLinkAbout1024510 CH2M HILL INC - PURCHASE ORDER - 9146067Fort Collins Date: 10/20/2014 Vendor: 102541 CH2M HILL INC 9191 S JAMAICA ST ENGLEWOOD CO 80112 PURCHASE ORDER PO Number Page 9146067 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: 10/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i CONSTRUCTION SERVICES 1 LOT LS 39,962.00 WTF T3 EQUIP REPLACEMENT 7575 Consulting Engineering Services Water Treatment Facility Design & Construction Services 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.wm 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. COMMERCIAL DETAILS. Tax exemptions. By staNre the City of Fort Collins is exempt fmm stare end local Hat .Our Exemption Number is 11. NON WAIVER. 98-04503. FNeml Excise Tax Exemption Certificate of Registry 84-6000589 is regim,, with the Collector of Failure of the Pureh ter to insist upon tariff performance of the temss and conditions hereof, ffilum or delay of latemal Revenue, Deaver, Colorado (Ref. COlordo Revised Stamfa 1973, Chapter 39-26, 114 (a). ex mane any rights or Henn ies provided herein or by law, failure to promptly notify the Seller in the event of a breach, f acceptance of- payment fro Hurd hereunder or epp.[ ofthe deign, shall own .1. do, Seller of Goods Rejected. GOODS REJECTED due to failure to meet spmificatiorss, either when shipped or due to defects of way Of the warranties or obligation of this purchass order and shall rem he dwmed a waiver of my High, of the damage in Hearsit, may he remmec to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or mountain as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate in is waiver of any of the terms Inspection. GOODS are subject o the City of Fort Collins inspection on annual. hereof. Final Acceptance. Receipt of fe merchandise, services or equipment in response m this order can result in 12. ASSIGNMENT OF ANTITRUST CIAIMS. motorized saymem on the Pan of the City of Fort Collins. However, it is It be mulawaad The, FINAL Seller and The Purchaser recognize Him in acrval economic pounce, mercharges re_mltivg fmm anrimtl ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact home by the Purchaser. Theracbm, for good cause and as consideration for executing this Purchase Dade,, the Seller hereby aligns of the Purchaser any and all claims it may now have or hereafter Freight Teams. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges relating to the particular goods or services mhmW. specified an Ws order Upermission is given fo prepay freight and charge separately, the original freight pumhmed or acquired by the Purchaser pursuant to this purchase order. hill mwa accnmotn r invoice. Additional chars m fro making will rot be mceoted. Shipment Dis arce. Where manufacturers have distributing points invarious; pans of the country, shipment is expected from the nearest distribution point to destimtic n, and excess (night will W decimal from Invoice when shipments are made from greater distance. Permits. Seller shall p.am of sailers sale cost all necessary permits, certificates mad liaises required by ell applicable laws, regdatione, ordinances and roles of the sure, murrici,ality, territory at political subdivision where the work is Reckoned, or requital by any other duly mmtimted public authority having jurisdiction over the work of vendor. Sella further agrees m hold the City of F. Collins harmless fmm m l against all liability and loss reurzed by Them by reason of as assured or established violation of my such laws, regulations, ordinances, Hiles ad rmuimu erts. Aufonzation. All parties to this contract agree that the representatives are, in fact, warm fide and possess full and omplem authority m bind said panties. LIMITATION OF TERMS. This Purchase Order expressly limits mcepunw to the terms =it conditions sited herein set forth and any supplemanury or additional rams and coMitiam normal hereto Or incorporated herein by reference. Any additional or different erms and condition proposed by Relief are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou comfort make complete shipment to artism on your promised delivery date in nowd. Time is of the romance. Delivery and performance must be effected within the time stated an the purchase other and the docuwds machal hereto. No acts of Ne Purchasers including, without Habitation. acceptance of partial late deliveries, shall cromme of a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m 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 comes fort reasonably foreseeable which are beyond its reasonable control and without its fault afnegligence, such rots of God, arts ofcivil or military authorities, government] ptimities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions wising such delay is given to the Purchaser witluo five (5) days ofthe Ouse when the Sella erst received kmwldge thereof. In Ne an of any such delay, the date Of delivery shall be, extended far the period equal to the time acnully lam by ¢anon ofthe delay. 3. WARRANTY. The Seller w.amints that all gumd , articles, materials and work covered by this order will conform with applicable drawings, spmilicatimas, samples and/or other dauriptions give, will be Et for the porpoises intended, Had performed with the highest degree of care and competence in accordance with accepted standards for work of a imirw Harris. The Seller agrees a held fire penchant harmless fmm any Inns, damage or expense which the Pmohasm may sufferer inter on seem., of the Sellers breach of ecurranty. The Seller shall Halam, repair or make Road, without cast to the puchaser, any defects or faults arising within one (1) year or within such loager period of time as may be prescribed by law or by the teens of any applicable warranty provided by the Seller after The dam of acceptance of the goods famished hereunder be ceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or mmands f mashed by the Sell, Acceptance or use of goods by the Purchaer shall not m,stimte, a waiver of my claim under Nis warranty. Except OR otherwise provided in this purchase order, the Sellers liability hereunder shall extmal N all dmrmges pmxiont caused by the breach of any of the foregoing wanwtia or gnamnters, but such liability shall in no event include loss of pmfts or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaer may make changes to legal Hams by "Hen change order. 5. CHANGES IN COMMERCIAL TERMS. The Puaham may make any changes to the terms, other than legal Germs, including customers to or debenture, Farm the quantities originally ordered in the spa fic anions or drawings, by verbal or wrinm change order. If any such change of eecta the amount due or the time of performance hereunder, an equitable adjustment shoal be made. 6. TERMINATIONS. The Pumhower may at any time by mot en change order, terminate this agreement OR m any or all Wniom of the good then not shipped, subject o any equitable adjussmam betwem the parties as to any work or materials then in pmgess provided Nat the Purchaer shall nor he liable far any claims far an,itl Wtal Profits on le uncampletW ,onion ofthe goods andtor work, for incidental or consequential damages, and cast no such adjustment be made in favor m the Seller wif respect m any goods which arc the Sellers standard stock. No such termination shall alieve the Purehmer or the Sella of any oftheir obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be momed within Haiti, (30) days from me date the flowage or teuninnion is cobalt 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such Hocum,ts as may he mluimH to effect of evidence compliance. All laws and regulations required to be mcorpurted in agreements of this character are hereby incorporated benin by Nis refetmce. The Sella agrees Ir material mM held the Purchaer harmless from all costs and damages suffered] by the Ponchasm as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party am[] Resign, transfer, or convey this order, or any monies due or in became due herewder without Ne prior warm commit ofle other parry. I O. TITLE. The Seller warrants full, clear and unrestricted tide to Ne ptuchust for all equipment, materials, and it. famished in performance of this agreement, free nod clear of any and all liens, restrictions, remosentlom, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser directs the Sella m.area, mncanfoHming or defective goods by a dte or he agreed upon by the Purchaer and the Seller, and the Seller therea0er indicates in inability tar unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to in, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its commit— of any at, from all liability and claims Of my Harare resulting from the performance ofsuch work. This release shall apply even in the exam of fcalf of negligence of the party released and shall extend to the directors. Officers and employers oftuch party. The Seller's contractual obligations, including commnty, shall not be deemed to be reduced, in any way, because such work is performed or caused te be paforried by the Purchaser. 14. PATENTS. Whenever the Sella is National muse any design, device, material or process covered by later, patent, trademark m copyright, the Seller shall indemnify and sine harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, 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 iafn-agemenr at any time during the prosecution or after de, completion Of the work. In raft said equipment, or any pan thereof or tlrc intended use of the goods, is is such suit held to cormoute infringement and the ttse of Road equipment or part is allotted, rise Seller shall, at its own expense and at its option, either pmmmc for Ore Purchmer the right to continue using said equipment or pans, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes noninfn'nging. 15. INSOLVENCY. If the Sella shall become insolvent or henkmpf, make an assignment for the bmefil of creditors, appoint a or mmee far any of the Sellers der property or business, this ormay foMwith be mnmled by the Parcluser without 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 gavemed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to part work hereunder, including the services of Sellers Rmrewm edive(s), on the premises refomers. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in u of my accident destruction or injury to the work condo, materials before Sellers final completion sad acceptance, complete the work at Seller's own expanse and to the satisfaction of the Purchaer. When materials said qua Forms are fermi al by others for installation m erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor an though such materials ondor equipment were beings ished by the Sella mdm fire ruder. 18. INSURANCE. The Seller shall, at his own expense, provide fur the payment of workers compensation, including Occupational disease afro fits, to its employees employed on or in correction with the work covered by this purchase Order, aad/ar to their dependants in somrdance with the laws of Ore sate in which Ne work is to he dome. The Sella shall also carry comprehensive general liability includin& but not limited so, contmcrual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one Raw, S5og000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contactors employers shall do my work upon the premises of others, fire Seller shall famish the Purchaer win a catific fte that such compensation and insurance have been provided. Such certificates shall specify the date when such comperamion Had indarl have been provided. Such renifwtm shall specify rha date when such comprnwtion areal insurance expires. The Seller agrees Wa such,mpensation and insurance shall the, maintained writ after the maim work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or pmpmy caused by or resulting from the execution of the work provided for in this purchase Order or in connection herewith. The Seller will indemnify and held harmless the Purchaser from any or all of ere prominent officers, agents and employees from and against any and all claims, loess, damages, charges or ammo s, whethar direct or indirect and whaler W pawns or Tommy to which the Purchaer may be put or subject by rcawn of any rot, action, neglect, omission or default on the pan of the Seller, any of his commelors, or any of the Sellers or contractors officers, agents or employes. In case any suit or other pmcealings shall be brought against the Purchaer, ar its officers, agents or employees at any time on account or by reason of any act, amin, neglect, omission or default of the Sella of my of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume But, defame thereof and N defend the same at the Sellers over expeme, or pay my and all carts, charges, aaomeys fees and other axperues, any and all judgments that may be incurred by or obHiad against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against le pmpeny ofthe Purchaser. Or said parties in or of a result of such suits or other proceedings. the Seller will at Once caw the same to be dissolved and discharged by giving bond or othemme. The Sella and his contractors shall take all safety precautions, fumlsh and install all guard necessary for the prevention of accidents, comply wit all laws and mgulations wit regard to safety includin& but without limitation. Ohe Occupational Safety ad Hmlth Am Of 1990 and all rules and regulations issued pursuant thereto. Revised 01R014