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HomeMy WebLinkAbout113170 MWH AMERICAS INC - PURCHASE ORDER - 9146706Fort Collins PURCHASE ORDER PO Number Page 9146706 1of2 This number must appear on all invoices, packing sli s and labels. Date: 11/17/2014 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: 11/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i CONSULTING SERVICES 1 LOT LS 107,046.00 HSWMP PERMITING SUPPORT 7587 Engineering Services for Halligan Reservoir Enlargement 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.00m $107 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 nature the City of Fort Collins is exempt from ante and local taxes. Our Exemption Number is I I. NONWAIVER 98-04502. Federal Excise Tax Exemption Cenircme of Registry 84-6000587 6 registered with no Collator of Failure of the rh mhasa m insist upon soft per( of the tams and maditions hereof, foime or delay m Internal Revenue, Denver, Coloado (Ref. Colorado Revised Smarter 1973, Chapter 39-26, 114 (a). exacise any rights w remedies provided herein or by law, failure m promptly wnfy the Seller in the even, of a breach, the accremce afar payment for goods haemder or approval fthe design, shall not release the Seller of Goods Rejected. GOODS REIECTED due in failure to meet specifications, either when shipped or due to defaces of any of the warranties or obligations of this purchase order and shall not be, deemed a waiver of any night of the damage in eansit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof., any of its ngha or remedies a to any such goods, regardless invon ime, from the Cily of Fort Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purported oral modification or rcseissirn of this purchaw order by the Purchaser aperture as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on aaival. hereof. Final Acceptance. Ramat of the merchandise, sern. or equipment in mpame to this order can much in 12. ASSIGNMENTOF ANTITRUSTCLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is m be understood that FINAL Sella and the Purchaser recognize that in actual aorwmic practice, ovcwbw,a mulling tram antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. siolatiom are in fact borne by the Pumhaur. Theretofore, for good cause and as cwwidemdan for executing this purchase order, thc Sella hereby assigns to the Parchasa any and all claims is may now have err herchu er Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless mquircd maker fedenal or sate anrifiew laws for such overcharge, relating to the particular goods or service, otherwise specified on this order. Upermi ion is given to prepay freight and charge separaely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufnnuras have distributing Points in various parts of the country, shipment is expected from the nearest dimfbmion point to denihnim. and excess freight will be deducted from Invoice when shipments are made from greater dis mice. Permits. Seller shall procure at sellers sale cost all naessury pamits, anificars said licenses required by all applicable laws, regulations, mdirsomm and mles of the sate, municipality, territory or political subdivision where the work is paformeJ, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and lass incurred by them by mzwn of an asserted or established violation of any such laws, regulations, ardiwnca, mles card rcqui,wom s. Audionamon. All parties to this contract agree for the representatives are, in Net, brim fide and Possess full and complete mrhenry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits weepnnce to the terms and conditions sorted herein set forth and any supplementary or additional terns and conditions annexed hereto or incon mooned herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inunediarcy if you cannot make complete shipment to arrive on your pmmiscd delivery data as acted. lime is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the decumms attached hereto. No acts of the Purchasers including, without limitation. acceptance of pound late delivma, shall operate ss a waiver ofthis provision In the event of nay delay, the Purchaser shall have, in addition to other legal and equitable rain ics, the option of placing this order clsawherc and holding the Sena liable fro damages. However, the Seller shag not ha liable for damages as a muh of &days due to causes not reasonably foreseeable which are beyond its aawrable control and wolcur, its fault of negligence, such ear of God, act ofeivil or military authorities, governmental priorities, tam, soikn, flood, epidemics, wars or riots provided for notice of the conditions causing such delay is given to the Purchaser within Eve (5) days of the time when the Seller first received knowledge thereof In the event.( any such delay, the date of delivery Shall he extended far the pound equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, mmeriam and week covered by Nis order will conform with applicable drawings, specifications, samples ones, other damptions given, will he fit for the purposes intended, and performed with the highest degree of cam end exmpamu,, in weadmce with wafted standard fro work of a similar revue. The Sella a®ea m hold the parchaer harmless from my loss, damage car expo. which she Purchaser may silt or incur on acwunt of the Sellers breach of wamary. The Sella shall rephee, repair or make good, without cost in the purchaser, my defects or faults among within one (1) year at within such longer period of time as maybe poescubal by law or by the terms ofmy applicable warrthty provided by the Sella after the date of wccpnme of the goods frmisbed hcmunder precafiace not to be mreamrebly delayed), resulting fmm imperftt, or defective work done or mencrials famished by the Seller. Acceptance or use of goods by the Purchaser shall not omlimte a waiver of any claim made, his warranty. Except as otherwise provided in this purcham order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warectims or guarantees, but such liability shall in no went include loss of profits m loss of use. NO IMPLIED WARMNTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser nay make changes in legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may, make any changes to the tam¢, order mlun legd terms. including edditions to tar delammus fir -in the quantities onginally ordered in the specifications or drawings, by verbal ce wrinm change order. If my such change attracts the amnmt due or the time ofperfomtance Meunda, an equitable ndjumnan shalt be trade. 6. TERMBJATIONS. The Purchaser may at any time by wrincn change order, terminate this agreement in to any or all portions of the good then not shipped, subject to any equitable adjustment between the ponies to to any work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated peons on the uncompleted portion of the goods weer work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with mpat to any grad which aR the Sellers suamErd stock. No such termination shall relieve the Purchaser m the Sella of any oftlpi, obligations ns to any goods delivered hcrcundec 'I. CLAIMS FOR ADJUSTMENT. Any claim fro a 1prameml most be asserted within tarry (30) days from the doe the change or termination is wdcmd. 8. COMPLIANCE WITH LAW. The Sella waoems chat all good sold hemumaker shall have been produced, sold, delivered and famished in soon compliance with all applicable laws and regulatiom m which the good are subject. The Sella shall execute and deliver such documents so, may be required in effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Porchuer hamdeas from all toss and damages trafned by the Pumhaur as a rash of the Sellers failure an comply withmeh law. 9. ASSIGNMENT. Neither parry shall wwM vansfer, or convey this order, m my mania due or in became due heremda without the prim when consent of the other party. 10. TITLE. The Sella warms full, claw arrd unmtrical ilia to the Pmchasee far all equipment, awtenals, and items fumuhed in pMom ce of far agmewent free and clear of my and all diem, mtricti.m, reservations, security interest ancumbromes and claims ofethers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts assocmled with such work. The Sallee shall eleae the Purchsser cad its contractors of any it. fr.. all liability and claims of any wrote mulling form the perfatmvme ofsuch work. This Rhone shall apply even In the event of Gault of negligence of the pry released and shall extend to do dimaors, officers teak employees of such patty. The Sellers cmanadwl obligations, including warranty. shall not be demand in be ncducaL in any way, because such work is performed or caused to be performed by the purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, masmal or process covered by later, polar, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by awn of me use of such patented design, device, material or Process in cowedion with the contract, and shall indemnify the nrchasa for any cost, expense or damage which it may be obliged m Pay by mason of such infringement at my time during the proaaution or after the completion of the work. In rase said equipment. or any pan thereof or the intended use of the goods, is in such suit held to comtimte inringemem and the use of said equipment or pan is enjoined, the Sella shill, in its awn expense and in its option, cider pmcum for the Purchaser the right in continue using said equipment or parts, replace the more with substantially equal but noninfnnging aluipntem, or modify it sec it becomes nonir nving. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or brave for any of the Sellers property or business, this order may fan isath be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemm used or the interpretation ofthe agreement and the rights of all ponies hereunder shall be consumed under nand governed by the rows of the Sane ofColomdo, USA. The fallowing Additional Conditions apply unity in cases where the Sella is to pert wok hercuMcr, including she services of Sellers RepmrenUtive(s), an the premiss .fetters. 17. SELLERS RESPONSIBILITY. The Sella shall cart, on said work a, Sellers own risk until the same is fully completed and accreted, and shall, in case of my accident destruction or injury to the wok theme m nchuds before Sellers final completion and acceptance, complete the work al Sellefs owns expense and to the mtisfactic n of the Purchaser. When malambi and equipment are famished by others for itoo lation or erection by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor in though such materials meor equipment were being famished by the Seller and,, the order. 18. INSURANCE. The Sallee shall, at his awn expense, pmvide for the payment of woken compmastion, including occuWtional disease benefits, to its employees employed on w in contraction with the wok aw red by this purchase order, men, to door dependmn in acanclava with We laws of the time in which the wale is to be done. The Sala shall also arty comPrtbemive 6enemd liability inct-mr, but not limited b, mrawared and automobile public liability iasamce with Wily injury and death Items of at 1.15300.000 for any one person, 5500,000 for any aniecident and pmpery damage limit per accident of 54shu 00,000. The Sella all lionsctvryim his mators, if thy, in provide for such cumpemation and assurance. Before my of the Seism a, his contras ara employees shall do nay wok upon the pumas of others, the Sella shall famish the Purchaser with a cenmcatc that such compensation and insurance have ban provided. Such ecnificatex shall specify the date when such ompensmion and insurance have been provided. Such certificates shall specify the close when such compensation and irsumnce expires. The Seller agrees that such compensation and insumnce shall be maintained until after the entire work is completed and wa,md. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby comma the entire responsibility and liability for my and all damage, loss or injury ofany kind or nature whaa«ver to persons or property caused by or mulling fmm due execution of the wok provided for n this purchase order or in comcapart herewith. The Sella will indemnify and hold harmless the Purchases and my or all of the Purchasces aRecra, agents and employees from and against my and all claim, losses. doesga, charge or expenses, whether direct or iMimet, and whether to persons or moPe ry to which the Pmchaam may be put or subject by brawn of my act, action, neglect omission or default an the pm of the Sella, my of his contractors, a any of the Sellers or contractors officers, agens in employees. In croa, my suit or other proceedings shall be bough, against the Pumhave, or its officers, sgms or employers at any time on recount or by reason of any act, action, neglect, omission or default of the Seller of any of his c.ntrsaw, or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Hereof tied to defund the same at the Sellers own expense, to pay any and all toss, charges, atmmgs are, and other expenses, any and dl jWgments that may be incurred by or obtained against the Purchases rr any of its or thei, omc ors, agents an employees in such sides or other proceedings, and in case judgment or other lien be placed upon or obmned agars, the property of the Pwchasa, or said parties in or ns is mull of such suis or order proceedings, the Sella will at rime cue the same 1n be dissolved and discharged by giving hood car otherwise. The Sella and his mnoacmrs shill take all safety prccaudwo, famish and insull all guard necessary for the prw'e rru m of acadens, comply with all laws and regulations wich regard to safety including, bar without limitation, the Orcupmomd Safety and Health Act of 1970 and all rules and regulations issued pursuthl donno. Revised 07/2014