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HomeMy WebLinkAbout102541 CH2M HILL INC - PURCHASE ORDER - 9150741Fort Collins Date: 0210212015 Vendor: 102541 CH2M HILL INC 9191 S JAMAICA ST ENGLEWOOD CO 80112 PURCHASE ORDER PO Number Page 9150741 101`2 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: 02/02/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price ENGINEERING SERVICES 1 LOT LS 27,853.00 WO #CH-2015-1 7575 Consulting Engineering Services Water Treatment Facility Design and Construction Services for Capital Improvements 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 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fan Collins is exempt from stale and local loxes. Our Exemption Number, is 11. NON WAIVER. 984H502. Federal Excise Tax Exemption Cedifwa of Registry 84fi000587 is mlismad, with the Collector of Failure of the Purchuer to insist upon strict performance of the tams and a ndiliorss barrel, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a). exe arse any rights or temedias provided Mein or by law, failure to primarily notify the Sella in the event of a bench the acceptance ofor paymem for goads hereunder or approval ofm design, shall rot ¢brie the Seller of Goads R mated. GOODS REJECTED due to failure to men specifirmioas, either when shipped in due to defects of any of the warranties or obligations of this purchase order and shall nor be domed a waiver of any right of the damage is namil, may be resumed to you for credit and arc act to be replaced except upon receip, of wdpen parchawr to insist upon strict Pref ormar a hereof or any -fib rights orremedies as on nny such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as many prior or subsequent default hermadef, war shall any Emmental am[ modification or rescission of this purehase order by be Formosa operate as a waiver of any of the arms Inspection. GOODS are subject o the City of Fort Collins inspection on arrival, hereof. Final Accepmnce. Rmcipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. suhodzed payment an the pan of the City of Fart Collins. However, it is 10 be ablasood that FINAL Seller and the Purchaer recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore, for good cause and as considemrion for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafter Freight Teets. Shipments must be F.O.R., City of Von Collins, 900 Wood St, Fon Collins, CO 80522, unless acquired under federal or able antitrust lawn for such overcharges relating to the partindin good or services otherwise sperified!no this order. Ifprraincen is given to puP,bright and charge sepmmorly, the original freight parchused or acquired by the Purchaser pursuant to this purchase order. bill must secommob invader. Additional charees for auction, will not be accepted. Shipment Distance. Where manufacturers have distributing points in various Ntrs of the country, shipment is expected from the merest distribution Point to destination, and excess freight will be deducted from Invoice when shipments art mode from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, atrifiwm and liberates required by all applicable laws, regulations, ordinances and rules offie state. municipality, accuracy or Political subdivision when the work is performed, or required by any other duly nominated public authonry having jurisdiction ma the wed of vendor. Seller further agrees to hold We City of Fen Collins hatmlen from end against all liability and loss incurred by them by reason of an wasmal or established violation army such laws, regulations, ardiwnces, roles vd requirements. Argument... All panic It this c.a., agree than the representatives M, in fact, bona Ede and Eossess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order axpressly limits ammptarae w the in. and aondi,ions sited herein set fond and my supplementary or additional terms and conditions annexed herein or incogmmted herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted, lime is of the wseme. Delivery and performance must be dlbatal within the time stated on the purchase puler and the documents attached harem. No acts of the Purchasers including, without limitation, naceplancc afford late ddo mes, shall operate as a waiver of this provision. In the event of any delay, the Purchuer shall have, in addition to other legal and equitable remedies, the option ofplacing 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 causes not rnvonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, spikes, Boal, epidemics, wars or dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the may when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal m the time actually lost by raven of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by Nis order will conform with applicable drawings, specifications, samples ardor other descriptions given, will be fit for We purposes interdN, and performed with the highest degree of care and examine. in accordance with accepted sardard for work of a similar mature. The Seller agrees to hold the parcbaur hand as from any loss, become or expense which the Purchaser my sufer or incur on azcoant of the Sellers breach of warmnly. The Seller shall replace, repair orange good, without cost to the purehaam, any defers or faults msing within one (I) year or within such longer period of lime as may be prescribed by law or by be terms of my applicable warranty provided by the Seller infer Ne date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by be Purchaser shall not constitute a waiver of any claim under Nis warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of be became, warranties or guarantees, bur such liability shall in no event include loss of pool n Iuss of use. NO IMPLIED WARRANTY OR M FRO IANI'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal perms by wnnm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaseran may make y changes to the termsterm, , other than legal ter, including William 10 or deletions from be quantities originally ordered in the spoifiwtiom or drawings, by verbal or written change order. If any such change averts he ..an, due .,,he Lime orPerfarmaace hereunder. an readable mpaatm ing shall b<mile. 6.TERMINATIONS. The Pumhawr may at any time by wria en change archer, Lambert, this agreement as to any or all portions of the gaad,he. —1 shipped, subject to any equitable adjctnam between the or. as to any work or materia, then in progmx provided that the Purchaser shill not be liable fin any claims for anticipated profs on the unnompleted potrion of the Fund amour work, for incidental or corssquentiat damages, and slur m such adjustment be made in favor of the Seller with respect to any good which x the Sellers standard stock. No such mrmiretion shall relieve the Porch or be Seller ofany oftheir obligations as to any goads delivered hereunder. '!. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be external within thaM (30) days from the date the change or armination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shal have ban produced, sold, delivered and Finished in strict compliance with all applicable laws and regulation to which the goods me subject. The Seller shall execute and deliver such decumetns as may be required Io effect or evidence compliance. All laws and mgmatimss required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser hmmlon from all costs and damages suffered by the Purchaser as a resull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither poppy shall assign, manager, of convey this order, or any manic due or In become due hereunder without the prier written consent of be .,he, parry. 10. TITLE. The Sella wasranb full, clew and umeatrined fill, a the Porehaan far all equipment, material, and items fumished in pabrou ace of this agreement, free end clear of any and all liens, mtictiones, rceatioc, summy iutemt encumbrance and claims ofmhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser brab the Seller to cancer nonconforming or defective goads by a dale to be agreed upon by the Purchaser and the Seller, cad the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the matt expeditious meare available to it, mad the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its commemrs of any tier from all liability and claims of any ounce resulting Item the performance of such work. This relca¢ shall apply even in the even of fault of negligence of the Entry released end shall extend to the direction, officers and employers ofsuch party. The Sellers mntmctml obligations, including warranty, shall not be domed to be reduced, in any way, because such work u performed or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is rquirtd to ace any design, device, material or .as normal by Icncq patent, trademark r copyright, the Seller shall indemnify and save hamlen the Purchaser from any and all claims for infringement by reason of the use of such pammed design, device, malone] 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 infringement a, any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such sun, held to rnnstimle infriognnem and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but vaninfringing equipment. or modify it so it becomes vovinGnnglng. 15. INSOLVENCY. if the Sella shall become insolvent or bankrupt, make an assignio nt for the bac5t of turbines, appoint a receiver or trustee for any of We Sellers car bcess primary cmi, this order may forthwith be canceled by the Pumhasce without liability. 16. GOVERNING LAW. The de nitiom inflation used or the interpretation offle agreement and the rights ofall parties hereunder shall be commued under and governed by the laws of We Slate ofCalomda, USA. The following Additional Condipm. apply only m axes where the Sella is to perform wed hereunder, including the services of Sellers Rmpeammtiveds), on the premiss effectors. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at ScIINs awn ask until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to be work ardor mmmals before Seneca feral completion and acceptance, complete the work at Seller's own expense and to be satisfaction of the Purchaser. When matmals and equipment art fumished by others for installation or erection by the Sella. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as Ih... h such materials and/or aquipment came being Furnished by the Seller under the order. 18. INSURANCE. The Seller sM1a11, al his own expense, provide for the payment of workers compensation, including occupmioral disease benefits, to its employees employed on or in connection with the work covered by this purchase order, ardor to their dependents in accordance with We laws of the state in which the work is to be, done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with bodily injury and death limits of at leas, S300,000 far any one person, S500,000 for any am accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if nny, to provide for such nomination suit insurance. Bar any of thr Sellers of his nontmctors employeas shall do any wart upon the premises of others, the Seller shall famish the Purchaser with a tttifcare that such compensation and imposture have ban provided. Such cenificstn shall specify the date whet such compunction and instance have been provided. Such onifiwes shall speed fy the date whrn such compensation .it iasumcar c expicas, The Seller agrees then such commorgatibi and insurance shall be mainained ..,it afln the entire wants is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any cad all damage, loss or injury of any kind or nature whatsoever to Persons or property mused by or resulting from the execution ofthe work Provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmles the Forchaver and any cr all of the Purchase officers oRicers, agents and employees from and agrout any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his commons, or any of the Sellers or contmaors officers, agents or employees. In case any suit in be, proceedings shall be brought against 1be Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of We Seller of any of his contractors or any of its or their officers, ngcuts an employees as aforesaid, the Seller hereby agrees 1. assume the defense thereof .it N defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fps and other expenses, any and all judgmena 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 now judgment or other lien In, placed upon or obtained against the property of thc Purchum, or said parties in or as a mutt of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety pmautio to bunish and irtsall all good na., far the prey c on of resident comply with all laws and regulations with regard f safety inctudin& but without limitation, be Occupational Safety and Hcdth An of 1970 and all mles and regulaticas issued pursuant theme. Revised 07Q014