HomeMy WebLinkAbout102541 CH2M HILL INC - PURCHASE ORDER - 9125602 (2)Fort Collins
Date: 11 /21/2014
Vendor: 102541
CH2M HILL INC
9191 S JAMAICA ST
ENGLEWOOD CO 80112
PURCHASE ORDER
PO Number Page
9125602 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS CO 80524
Delivery Date: 10/23/2012 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
5 Construction Management
MAX BRT Project CO#5
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
1 LOT EA
115,940.00
Total
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
I. COMMERCIALDEfA1LS.
Tax exemptions. By se uic be City of Fan Collins a aempt tom state and local lax.. Our Exemption Norbert
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is maiveted with Ne Colimmr of
Failure of That Purchazn to imist upon am. performance of be tem s evil commaims hereof. fail.. or delay To
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, fail... Promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deemod a waiver of any right of the
dmnage in namit, may be rearmed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon milt performance hereof or any of irs rights or remedies not to any such goods, regardless
imouctiones from the City effort Collins.
of when shipped, received or accepted, m .any prior or subsequent default hereunder, we shall any purponN
oral modificarian or remission of this purchase order by the Producer operate as a waiver of any of the .ma
Inspection. GOODS are subject to the City effort Collins inspection on anivul.
hereof.
Final Acceptance. Receipt of be merchandise, services or equipment in response to this order can n esult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
amho. cid payment an the prat of the City of Fort Collins. Hoxedd tha cver, it is to be uerstoaFINAL
Seller and the PurcM1asm nevermore that is armed economic practice, overcharges resulting from antirest
ACCEPTANCE is dependent upon completion are[[ applicable eqequired inspection pramdure ,
violations are in fat home by The Purchaser. Theretofore, for good tau¢ and as mnsidererion for eeecufiog Nis
purchase order, the Seller hereby assigns TO The Purchaser any and all claims it may now, have or heresaer
Freight Terms. Shipmates most be F.O.B., City of Fan Collins, 7M Wood St, Fun Collins, CO 80522, unless
acquired under federal or state antitrust laws for such ovarchaag¢ retailing w the particular good or services
otherwise. specified oa his order. If permission is given to prepay freight :red charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice Additional charges for packing will not be accepted.
Ifs PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Where manufacturers ha Points various pane of the country, k
rten beSellerT er m lerreet eoncon defmfiy the
by a doss to be agreed uponpurchaser
If the Pu.and
ntheDistant,
e voice when
poi. to destitution, and excess Reigns will be deducted fora Invoice when
from the nforml destinstion, and s
is ar, unwillingness PM1azm
the indicates its inability or, unwillingnessd comply, the
and the Seller, and the Sellerthereafterbe
shipment
rndistribution,dm
shipments arc made Tram greater distance.
it
by be most expeditions means available to if. and the Seller shall pay all
may came the work m be most
may cam
orformd
costs associated with sucM1 work.
Permits. Seller shall procure at .sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is pert eel, Or required by any other duly combated Public authernry having jurisdiction over the work
of vendor. Seller further agrees m hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by maon of an asserted or established violation of any such laws, w hatoc, onlinamere, rules
and requirements.
Authorization. All parties to this contract agree That the representatives art, in fac4 bum fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fah and any supplementary or additional terms and conditions annexed hereto or momporamd herein by
reference. Any additional or different teens and undifnn. proposed by miler am objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to aria, on your
promised delivery date as noted. Times of the essm x. Delivery and performanre must her effected within the time
stated on the purchase order and the documents attached hereto. No Tots of The Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of Nis provision. In the event arany delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However, be Seller shall not be liable for damages as a moult of delays
due m causes not measurably foreseeable whom arc beyond its reasonable control and without in fault of negligence,
such acts of God, acts ofcivil or military authorities, gevemmearal priorities. f s, strikes, Rood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given at the Purchaser within five (5) days of the
time when he Seller Era received knowledge thereof In the event of any such delay, the dam of delivery xhall be
extended for the period egml to The time actually lost by reaon ofthe delay.
3. WARR OITY.
The Seller warrants That all goods, articles, materials and work covered by This order will confomt with applicable
drawings, s,xificaium, samples and/or, other descriptions given, will he fit for the p-,i intended, and
performed with The highest degree of care and competence in accordance with accepted standards for work of a
similar antem, The Seller agrees to hold the purchaser harmless from any loss, damage or expense which The
Pu.homm may sulfu or incur on account of the Sellers bench i f wammy. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or fits incising within otte (1) year or within such longer period of
time as may be prescribed by law or by the terms ofany applicable warrmuty provided by the Seller after be date of
acceptance of the goods famished hereunder (acceptance not to be unrcamnably delayed), resulting from imperfect
or defective work done or materials famished by be Seller. Acceptance or we of goods by be Purchaser shall not
onstimte a waiver of my claim ander this warranty. Swept as otherwise provided in this purchase order the Sellers
liability hereunder shall extend to all dama%c proximately caused by tee breach of any of The foregoing watsmties
or guarantees, bar such liability shall is no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
To, Purchver may make any changes to the terms, other than legal tertm, including addictions to or Jclmom from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such
change infects the amount due or the time of,mim-a aom hereunder, an equitable ahustmad shall be made.
6. TERMINATIONS.
The Purchmer may or any time by wriven change order, Ierm . this agreement or In my or all ponimty of the
goods then not shipped, subject many equitable adjustment between the parties as to any work or materials men in
Fri provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential dansages, and that no such adjustment be made in
favor of the Seller with respect to any goads which are the Sellers standard stack. No such lerod 8M shall relieve
the Purchaser or The Seller of any of their obti,.d.m m Ia my gecds delivered hereander.
q. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the are the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wmrma that ill goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may berequired to effect of evidence compliance. All laws and regulations nesdrol to be
incorporated in agreements of this character are hereby incorporated herein by This reRrence. The Seller agrees to
indemnify and hold the Purchaser harmless from all vests and damages suRered by the Purchaser as a resell of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this aide,, many monies due or to become due hereunder, without the
prior written consent of the other pray.
10. TITLE
The Seller warrants full, clear and uerestrieted file to the Purchaser for all equipment, materiels, and items furnished
in performance of this agreement, foe and clear of any and all liens, m arictiom, reservations. smarty interest
encumbrances and claims of others.
The Seller shall release the Pumhaser and its contractors of any tier from all (lability and claims of any mature
resulting fiom the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, of ices and employees of such party.
'Ihe Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became
such work is performed or caused to be performed by The Purchaser.
14. PATENTS.
Whenever the Seller is regrired to use any design, device, material ar process covered by letter, patent, trademark
or copyright. the Seller shall indemnify and save harmless the Purchmer from any and all claims for infringement
by reason of the me of such potential design, device, musical or process in connection with the contract, art
shall indemnify the Purchaser for any east. expense or damage which it may be obliged in Pay by reason of such
infringement at any time during tee prommation or aRer the completion of be work. In case said equipment, or
any pan theater or the intended use of the goods, is in such suit held to constimm infringement and the me of
said egoi,romt or .an is .joined, Ihe Seller shall, m its own expense and at its option, either prueme far the
Purchmer the right to continue ming said equipment or pans, replace the same with substantially equal but
noninfnaging muipmem, of modify it w it becomes nontGrnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment far be benefit of creditors, appoint a
receiver or trance for any of the Sellers property or business, his order nay frrhwiTh be canceled by the
Purshaser without liability.
16. GOVERNING LAW.
The definition of terms mod or The interpretation i fthe agreement eat the rights of.[[ ponies hereunder shall be
construed under and governed by the laws of be Start ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including The services of Sellers Representativejs), on the premise ofotke¢
17, SELLERS RESPONSIBILITY,
The Seller shall carry oa said work at Sellers own risk and the same is fully completed and accepted, and shall,
in u of any accident, destruction or injury to the work and/or nutenals before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mamnals
and equipment are brushed by others for installation or erection by the Seller, the Seller shall receive, urdoad.
store and handle scone at The site and become acponsible therefor as though such materials and/or aquipmml
went being f ished bydw Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including oempalioned
disease benefits, to its employees employed on or in connection with The work covered by this parthau order,
.Nor to Their dependents in accordance with the laws of The mule in which The work is an be done. The Seller
shall also carry mmprelowme geneml liability including. but not Inimical b, contmetual and automobile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, $5did" for my
one trident and property damage limit per accident of S400,000. The Seller shall likewise require his
corrosion, if my, ea provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shill do any work upon the pecromes of oahers, be Seller shall f ish d. Pmcbaser with a ceni0mte
that such compensation and insurance have been provided. Such certifiester shall specify the date when such
compensation and insurance hive been provided. Such certificates shall specify t, date when such compnwtion
and insurance expires. The Seller agrees but such compensation and insurance shall be maintained until net be
entire work is completed and ancepled.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more rapamibility and liability for any and all damage, loss or injury of my kind
or nature whatsoever to persons or property caused by Or resulting from be execution ofthe work provided fm in
this purchase order or in connection herewith. The Seller will indemnify and hold homilies The Purchaser and any
r all of the Purvii officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumhaer may
be pus or subject by reason of my act, action, rollec', omission or default oa The Pm of the Seller, any of his
mntrmter, , or my of be Sellers or mntractars officers, agents or employces. In case my suit or other
proceedings shall be brought nations The Puahases, or its officers, agents or employees in my time on woman or
by remen of any net, action, neglect, omission or default of be Seller of my of his contractors or any of its or
their officers, agena or employees as aforesaid,'he Seller hereby Trams to assume the defense thereof and to
defend the acme at the sellers own expimi to pay any and all casts, charges, attorneys fees and other expenses,
any and all judgmmb that may he incurred by or obtained against the Purchaser or my of its or ban officers,
agents or employees in such suits or other poimemp, and in case judgment or other lien ha placed upon cr
obtained against the property, of the Purchmer, or said parties in or m a result of such suits m other proceedings,
the Seller will at once cause the more to be dissolved and direlarged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for be prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, The
Occupational Safety and Health An of 1970 and all rules and regulat ons issued pursuant thereto.
Revised 07R014