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HomeMy WebLinkAbout113170 MWH AMERICAS INC - PURCHASE ORDER - 9146989Fort Collins Date: 01115/2015 Vendor: 113170 MWH AMERICAS INC 1801 CALIFORNIA ST #2900 DENVER CO 80202-2606 PURCHASE ORDER PO Number Page 9146989 1012 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: 01/15/2015 Buyer: PAT JOHNSON Note: Line Description z 2015 CONSULTING SERVICES WO #M-WRF-2014-16 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 UOM Unit Price Extended Price EA 315,260.95 Total Pay terms net 30 days Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 hase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt f state and local taxes. Our Exemption Number 6 98-04502, Federal Excise Tax Exemption Cenifwte of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Sources 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, cifa when shipped or due to defects of damage in tmroih may be returned to you for credit and are rack to be replaced except upon receipt of written instmctioras form The City of Fort Collin. Inspection. GOODS are s.bjecvo the City of Too Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in Performed payment tin the pan of the City of Fart Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipment mnsT be F.O.B., City of Fart Collins, Add Wool Sc, Fort Collins, CO 80522, to. otherwise specified on This order. Ifpcournion is given to prepay freight and charge separately, The original freight bill must accompany invoice. Additional charges fix puking will not be accepted. Shipment Distance. When, monufaommr have d6tobul[ng points in various pans of the country, shipment is expected Gom the nearest distribution point to destination, and excess freight will be deducted from Invoice what shipments are made from greater distance. Permits. Seller shall prevent Per sellers sale coil all necessary permit, certificates aM hearses required by all applicable laws, regulations, ordinances and mica of the suite, municipality, territory or political subdivision where the work is Performed, or rrquirN by any other duly constituted public radioing, having jurisdiction over The work of veedor. Sella further epees to hold The City of For Collins harmless from and apinst all liability and loss incurred by Them by mine of as cons rod or astablished violation of any such laws, regulations, ordimnces, rules and rryuirements. Authorization. All parties to this contract agree that the remournatives arc, in fact bona fide and possess full and complete authodry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto Or incorporated herein by reference. Any additional oe different terns and conditions proprsW by seller arc ob Tcmd eo and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou camot make wmplem shipment To Prove on your Promised delivery, date as noted. Time is of The asatce. Delivery and performance must be el4cted within the time slated on the purchase oNer and the dauments muched hereto. No ace of The purchasers indoding, without limitation, acceptance of partial late deliveries, shall opemm as a waiver of this provision. In the evem of any delay, the Purchaser shall have, in addition to other legal and equitable remadles, the option of placing this oNer elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays due to causes not reasombly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, as ofcivil or military suentin,goormnmul priorities, fires, stokes, flood, epidemiu, wars or outs provided then notice of he conditions causing such delay is given to the Purchases within five (5) days of the rime what The Sella f t received knowledge thereof. In The event of any such delay, The daze of delivery shall b r extendd for The period a)ml to the time co ally lack by reason of The delay. 3. WARRANTY. The Seller warrants that all good, article, materials and work covered by this order will conform with applicable drawings, maifmtions, samples and/or other descriptions given, will be fit for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser Troy sufferer Prim on reactor of The Sellers breach of warranty. The Sella shall replace, repair or make 11. NONWAIVER. Failure of the Purchaser to insist upon stnst performance of the tams and conditions hereof, failure or delay To exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder or approval ofhe design, shall not release roe Seller of any of the warranties or obligations of this parch use order and shall not be deemed a waiver of any right Of the ,incidence to insist upon strict performance hereof or any of its tights or remedies as to any such goods, regardless of what shipped, rooeived or accepted, as m any prim or subsequent default heremdes, rear shall any purported oral modification or rescission of this purehau order by the Purchaser commit as a waiver of any of the hams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in soma] economic practice, ovacharges resulting firm antitrust violations are in fact home by the Purchaser. Theretofore, forgoodcause and as consideration for executing this purchase order, the Seller hereby assigtrs To the Purchaser any and all claims it may now have or hereafter acquired under frderal a state antitrust laws for such ove¢harges relating to the particular goads or services purchrouel or acquirN by The Pmchsser pursuant to This purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pardoner directs The Seller to correct nonconforming or defective good by a date to be agred 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 cost associated with such work. The Sella shall release The Pmchaser and its ronkrddors of any tier form all liability and claims of any nature resulting from The Prominence ofsuch work. This release shall apply even in the event of fault of negligence of The parry relcaud and shill extend to The Jbetors, officers and employees ofsuch party. The Sellas contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever The Sella is required to use any design, desire, matened or process covered by lamer, From, trademark or copyright, The Sella shall irulemnify and save homeless the Purchaser fmm any and all claims for rabblement by reason of One toe of such ptatled design, device, matcnal or process in wmmtien with The conduct, and shall indemnify the Purchases far my cost, expense err damage which it may be obliged m pay by reason fsuch InGngemerd many time being The innovation or after The wmplaVon of me work. In case said aluipment, or any pm thereof or the inended use of the good, is in such suit held to constitute infringement and The me of said equipment or pan is enjoined, the Seller shall, at its own expense and eve its option, either prrcme for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfnnging. 15. INSOLVENCY. If the Sella shall become insolvent or handling', make m aesigmreem for the benefr of Trainers, appoint is river or vumee far any of The Sellers property or bmionss, This order may matricide be canceled by du Purchaser without liability. 16. GOVERNING LAW. The definitions oftagm used or the interpretation of the agreement and the fights of all pmies hereunder shall be turnaround under end goveme l by The laws Of the Sure of Colomdu, USA. The following Additional Conditions apply only in cases where the Sella is to Perform work hereonda, including The services of Sellers Re sommo ric B), oa the premise ief others. good, without cost to The putclo er, my defect or fault arising within one (1) year or wr0uer such longer pmod oI 17SELLERS RESPONSIBILITY. Time ns may be prescribed by law err by The comes of any applicable wartmt, providel by the Seller afterThe date of famished acceptance of The goodsished hermndes (acceptance not to be unreasonably delayed), resulting from imparts[in ill, The Sella shall eorry on said work at Sellers own risk until he same is fay complered and acceptd, and shall, or defective work done or materials furnished by the Seller. Acceptance or use of goods by he Purchases shall not se of any accident, destruction or injury to The weal: andrar materials before Scllds final completion and acceptance, complete the work at Sellers own expense and to the sonsfaction of Be Purchaser. When materials constitute a waiver of any claim under this warranty. Except as adons u provided in this purchase coder, The Sellers and equipment are famished by others for installation or ercdion by The Seller, the Sella shall receive, unload, liability hereunder shall extend to all damages proximately caused by the breach of any of The foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY store and handle same at the site and become responsible therefor as Though such materials indoor equipment OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being famished by the Seller under The more 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terns by written change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other Than legal terms, including additions to or deletions form the quantities originally ordered in the specifications or drawings, by corbel or won en change order. If any such change atTects The amount due or The time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wainen change order, terminate this agreement as to any or all portions of The good Then not shipped, subject 0 my equitable adjustment between The parties as in my work or materials Then in progress provided mar The Purchaser shall not be liable far any claims for anticipated profits on the uncompleted Owning of The good anal work, for incidental or consequeneial damages, and That no such adjmemmt be made in favor rf flu Sella with raped to any goods which arc be Sellers standard stock. No such termination shall relieve the Parchaser or the Seller of any oftheir obligations m To any goods delivered hereunder. p. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date The change or Icompation is ordered. S. COMPLIANCE WITH LAW. The Sella winners but all good sold heremder shall have been produced, sold delivered and burnished in sulct compliance sigh all applicable laws and regulations to which The goods are subject. The Sella shall Isame and dcliva such documents as may be required 10 effect er evidence compliance. All laws and regulations required to be incorporated in agPwmail of This character art hereby incorporated herein by This reference. The Seller u8ree to indemnify and hold the Purchaser harmless from all casts and damages suffered by The Purchaser m a result of The Sellers failure to comply with such law. 9. ASSIGNMENT. Neither per, shall azsip. member, or convey this ixdcr, in any monies due or to become due hereunder without ate poor written consort of The other pray. IO.TITLE. The Seller warrants full, clear and unrestricted title to me producer for all equipment, mmerials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest enmmbmnca and claims ofothers. 18, INSURANCE The Sella shall, at his own expense, provide for the payment of workers compareartion. mediating occuptioml disease benefirs, or its employees employed on or in connection with The work compact by This purchase order, maker to their depcndmts in wwN ce with The laws of the state in which The work 6 To be done. The Sella shall also tarty comprehensive Remark liability including, but not limited to, contractual and auemobile public liability insurance with Mdily injury and death limits of at lack $300,000 for any one favor, 55W,WU for any one accident and property damage limit per accident of 5400,OIM1. The Seller shall likewise require his if any, a provide for such compar,astion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, be Seller shot[ famish the Purchaser with a certificate That such comp reemion and Insurance have been provided. Such ratiecare, shall specify me date when such compensation and harmonic have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees That such compewrion and unurePce shall be madiumneJ batik after me entire work is wmplaed and coupled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller beeby assumes The entire responsibility and liability for anv and all damage, loss or injury of any kind r nature whatsoever To persons or property caused by or resulting from The execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officer, agent and employees been and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property TO which the Purchases may be put at subject by reason of any act, action, region, omission or default on The pan of the Sella, my of h6 contractors, or my of The Sellers or contractors officers, agents or employers. In ea,e my suit err mark pmceedings shall be brought against The Purchases, or its officers, agents or employees in my time on account m by reason of any rat, action, neglect, omission or default of the Sella of any of his coatrators or my of its or heir officers, agents or employees an aforesaid, The Sella hereby agrees to assume the defense thereof and To defend the some at he Sellers own expense, to pay any and all costs, charges, attorneys fat and other expenses, any and all judgments hat may be incurred by or obtained against The Purchases or any of its or that officers, agents or anploycei in such suits or other proceedings, and in case judgment or other liar be placed upon or trimmed against The property, of he Purchaser, or said panic in or as a result of such suit or other proceedings, The Sella will err inno, cause the same a be dissolved and dorcharged by giving bond or odurwiu. The Sella aced his contractors shall Like all safry precauuom, burden and insull all guards necessary for That, prevention of accidents, comply seem all laws and regulations wih regard to safety including, but without insulation, The Occuptional Safety and Health Act of 1970 and all rules and negotiators, issued pursuanT thereto. Revised O7nOI4