HomeMy WebLinkAbout113170 MWH AMERICAS INC - PURCHASE ORDER - 9146989Fort Collins
Date: 11126/2014
Vendor: 113170
MWH AMERICAS INC
1801 CALIFORNIA ST #2900
DENVER CO 80202-2606
PURCHASE ORDER
PO Number Page
9146989 7of2
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: 11/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONSULTING SERVICES
WO #M-WRF-2014-16
1 LOT LS
Construction Management Services including on -site inspection and engineering
services during construction of the Drake South Process Train Improvements.
Total cost is $393,248.17, with $77,987.22 allocated for work in 2014.
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.mm
77,987.22
.22
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 sumte the City of Fort Collins is exempt from sure and local hazes. Our Exemption Number m
98-04502. Federal Excise Tax Exemption Canter. of Registry 84-60005H is oc amid with the Collector of
Inamal Rwmatc. Drava, Colorado (Ref. Colorado Revised Sumter 1973, Chapin 39Q6, 114 (a).
Good Rejected. GOODS REJECfED diem failure to men specifications, either when shipped a due to defects of
damage in transit, may be remuned to You for credit and art not to W replaced except upon receipt of written
merchant from the City of Fort Collins.
Inspection. GOODS are subject to the City OfFort Collins inspection on arrival.
Final Arremme. Receipt of the merchandise, services or equipment in ¢spouse m this order rem result in
authorized payment on the pan of the City of Fort Collins. However, it is to be underuoal that FINAL
ACCEPTANCE is dependent upon completion afall applicable required inspection procedures.
Freight Terms. Shipments must he POD., City of Fort Collins, 700 Wood Sr, Fan Collins, CO 80523, unless
otherwise specified on this order. If parnusion is given to prepay freight and charge sepmately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have disributing points in various pans of the country, shipment is
expected from the nearest distribution point to danretion, and excess freight will be deducted from Invoice what
shipments are made form greaser distance.
I L NONWAIVER.
Failure of the purchaser to insist upon strict performance of the tents and conditions hereof failure or delay to
xany rights or natural provided herein or by law, failure to pmmptly notify the Seller in the went of a
human, acceptance of or payment fro goods hereundefm approval of the design, shall rut Odeon, the Seller of
any of the wanmties or Obligations of this purchase card it shall Out be dmned it name, of any right of the
purchaser to insist upon strict performance loconfor my of its rights or remedies res m my such goods, regardless
of whin shipped, reaved or acceptd, as to my prior or subsequent default barman, nor shall my Implanted
oral modification or rescission of this purchase order by the purchaser operate as a waiver of any of the terms
hereof.
13. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Ptucbetur recognize that in xtul economic practice, overcharges resulting from mnmut
violations. to fact home by the purchaser. Thematiare, fro good cause and as consideration for e.amivg this
purchase order, the Seller hereby assigns a the Purchaser my and all claims it may now have or hereafter
acquired under federal or sate mdbus, laws for such overcharges Mining in the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Penchant directs the Sella to betray nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller dissuader indicates its humility or unwillingness to comply, the purchaser
may cause the work to be performed by on, most expeditious means available ,o it, and the Seller shall pay all
rmts associated with such work.
Permits. Seller shall pormre at sellers sole cost all necessary permits, ratifrst. and licenses required by all
applicable laws, regulatiom, ordinances and roles of the share, municipality, territory or political subdivision where
the work is performed, ed, in required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss
incurred by them by reason of an mated or established violation of any such laws, regulmom, ordinances, rates
and requirements.
Authomation. All patties to this comma agree that thr rep¢xnutiv are, in fact, him fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Fumhau Order expressly limits acceptance to the moms and conditions stated
herein set forth and any supplementary O, additional terms and conditions annexed hereto or incorporated hereto by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immcAimcly if you carmot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including• without
limitation, acceptance of partial lure deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser hall have, in addition to 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 at, a result of delays
due to causes not reasonably fomceable which are beyond its reasonable conwl and without its fault of negligence,
such acts of God, errs ofdvil or military authodti., governmental priorites, firm, strikes, flood, epidemics, wars or
nors provided that notice of the renditions causing such delay is given to rise Nonlinear within five (5) days of the
time when the Seller first received knowledge thereof In the event of my such delay, she date of delivery shall be
extended for the period uaml to the time annually lost by morn of the delay.
3. WARRANTY.
The Seller wamms that all good, Mides, nomends and work covered by this order will conform with applicable
drawings, specifications, samples and/or other description, given, will be th for the prrrymea intensities, and
performed with the highest degree of care and competence in accordance with incepted sued rds for work of a
similar umm. The Seller agrees ro bold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwamnty. The Sella shall replace, repair in make
good, without cost to the purchaser, my defects in faults arising within one (1) yens or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the goads furnished heramia bacceptance not to the armssu ably delayed), resulting from imperfect
of defective work done or a mmmis famished 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, rise Sellers
liability hereunda shall extend On all damages proximately caused by the breach of my of the foregoing wamntia
or gtanntces, but such liability shall in m event include lass of pmfts Or loss of tau. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal deans by wren chnngo other.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or dd.la s from
the qumdities originally ordered in the aperificarrous or drawings, by verbal or wren change under. If my such
change affects the amount due. the time ofpsrfmmanm hereunder, an thinkable adjustmmr shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of Ne
goods then not shipped, subject to my equitable adjaument between the parties in to any work or materials then in
progress 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 anuqua Ling demages, seal Wt no such adjustment be made in
favor of the Seller with respect in my goods which art the Sellers standard stock. No such momentum shall relieve
the Purchmur a the Sella ofany of their obligations as to any goods delivered hrrdrd.
T. CLAIMS FOR ADIUSTMENT.
Any claim for adjustment ..it be m awd within thirty (30) days from the date the change or nomination is
Ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants Our all good sold hereurder shill have been produced, sold, delivered and famished in tuner
wmplimee with all upplicable laws and murmurs, to which the good are subject. The Sell. shall amerne and
deliver such daammss res may be, required to effect or evidence simpleton. All laws and regulations required N be
matrimonial in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pang shall assign, monster,. convey this order, or any monies the or to become foe ItcreuMcr withou, the
prior wrinm cement afthe argue party.
10. TITLE.
The Seller warrants full, clear and unmtncted title to the Purchase for at eximpment materials, and items furnished
in performance of this a garment, free and clear of any and all liens, restrictions, ¢situations, security interest
encumstanca and claims ofoNers.
The Seller shall release the Purchaser and its contmcmu of any tier (min all liability and claims of any nature
resulting from the pafthromme ofsuch work.
This release shall apply wen in the event of fault of negligence of the parry released and shall extend to the
directors, oRcers and employees ofsuch party.
The Sellers commercial obligations, including warranty, shall rot he dremed ta be reduced, in any way, because
such work is performed or refica ,o be performed by d Purchaser.
14. PAl'ENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Sella shall indemnify and save harmless the Pummxa from any and all claims for infringement
by morn of the use of such patented design, device, material or porcws in rourmection with the conduct, and
shall indemnify the Purchaser fro any cost expense or damage which it may be obliged to pay by reman of such
infringement is my time during the prosecution m eBe, Ne completion of the wad. In eau said alhapmend. or
my pan thereof or the intended use of the good, is in such suit held to coutirute inGp shout and the use of
said equipment or pad is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right he continue using said equipment or pans, replace the same with substantially equal but
naninfringing equipment, or modify it so it becomes noninMnging.
15. INSOLVENCY.
If the Sell. shall become insolvent a bmkmpt make an exignmenr for the benefit of creditors, appoint a
receiver ar trustee for any of the Sellers pmpeny a business, Nis cad, may forthwith be concelat by Ore
Purchaser without liability.
16, GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be
omtmed and and greater] by the laws ofthe Sure of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is m perform work hereunder,
including the services of Sellers Represcr atis.Ed. on then. f.Nam,
IZ SELLERS RESPONSIBILITY.
The Sella shall carry oa mid ..,it at Sellers awn risk until the same is fully completed and accepted, and shall,
in u of any accident destruction or injury to the wink and/or materials before Seller's final completion and
acceptance, remplere the work at Settees own expense and to the satisfaction of the Purchaser. When materials
and cquipmem are f fished by others tin installation or erection by the Seller, Ne Sella shall native, unload
some end handle same at the site and become responsible therefor as though such nmpWa sailer ne,apmhent
were being famished by the Sella unit the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
dives. benefits, to its employees employed on or in instruction with the work covered by this purchase other,
vmA r in their dependents in accordance with the Was of the sure in which the work is to be done. The Sella
shall also carry comprehensive general liability including, but rot limited to, command! and automobile public
liability monarch, with bodily injury and death limits of at least 5300,000 for any one person, S500,000 for my
ma accident and porpcnY damage limit per mcidrnn of 5400,000. The Seller shall likewise require his
mtnmctim, if any, to provide for such compensation and insurance. Bcfam my of Ne Sellers or his continuum
employees shall do any work upon the premises of others, Ne Seller shall famish the Purchmt with a catficam
that such compensation and insurance have been provided. Such cenifemes shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seiler agrees Oat such compensation and immunce shall be maintairsed.,I after the
entire work is mmplcted and receptad.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby incomes the entire responsibility and liability for any and all damage, loss or injury of my kid
or more whatsoever to petmax or Import caused by or resulting from the execution offte work provided for in
this purchase order a in cannecri.n herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers oficers, agents and employees from and against my and all claims, losses, damages,
changes or expenses, whether direct or indirect, and whether to persons or property m which the Purchaser may
be put or subject by reason of any act, action, neglect, mission or default on the pan of the Sella. any of his
cont ream, or any of the Sellers or contractors officers, agents or resploycea In use my suit or other
proceedings shall be brought again, the purchaer, or its uRcers, agents a employees at my lime on ACC 1 Or
by reason of my act action, neglect, omissian a default of the Sella of any of his contmnors a my of its or
their officers, agents or employees it, aforemid, the Seller hereby agrcin, to assume the defense thereof and to
&fend the same at the Sellers own expense, to pay any and all costs, charges, attorneys f s and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien Is, placed upon or
obtained against the property of the Puuhmcr, or said parties he or as a result of such suits or other proceedings,
Ne Sella will at cams cause the mine to be dissolved and discharged by giving bored a otherwise. The Sella road
his contractors shall take all safety pnaautiom, famish and install all gtufds necessary for the Institution of
mcidevts, comply with all laws and regulations with regard m safety including, but without limitation, the
Occupational Safety and Health Act of 1990 and all ones and regulations issued ptmmm there..
Revised 07R014