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HomeMy WebLinkAbout102541 CH2M HILL INC - PURCHASE ORDER - 9146067City of art Collins PURCHASE ORDER PO Number Page 9146067 1o12 This number must appear on all invoices, packing sli s and labels. Date: 04/03/2015 Vendor: 102541 Ship To: WATER UTILITIES CH2M HILL INC CITY OF FORT COLLINS 9191 S JAMAICA ST 700 WOOD ST ENGLEWOOD CO 80112 FORT COLLINS CO 80521 Delivery Date: 04/03/2015 Buyer: PAT JOHNSON Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 CO#D-1 per req 49989 1 LOT EA 9,750.00 Additional services added 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 Total Invoice Address $9,750.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt from site and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due a failure to meet specifications, either when shipped or due a defects of damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject an the City of Fort Collins inspection an arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms 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 of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of my right of the purchaser to insist upon strict performance hereof a my of its rights or remedies as a any such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall any purported oil modification u rescission of this purchase order by the Purchaser operate as a waiver of my of the terns hereof. Final Acceptance. Receipt of the neerchandise, services or equipment in response a this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antiwst 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 consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws fur such overcharges relating a the particular goods or services otherwise specified on this order. If permission is given In, prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Addificml charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date a be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available a it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by ail applicable laws, regulations, ordinances and mles of the state, municipality, tertiary or political subdivision where the work is performed, or required by my other duty constituted public authority having jurisdiction over the work of vendor. Sella further agrees In hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulators, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional or different teats and conditions prepared by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you 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 its of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall 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 as a result of delays due in causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, act; ofeivil or military authorities, governmental priorities, fires, sakes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hairless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time m may be prescribed by law or by the terms clingy applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not in be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchasar shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of tine. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to die terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change orda. If any such change affects the amount due or the fitce of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, a oomm, this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties m to my work or materials then in Imagines provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that an such adjustment be made in favor of the Seller with respect a my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser m the Seller of my of their obligations as to any goods delivered hereander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced said, delivered and furnished in strict compliance with all applicable laws and regulations a which the goods are subject. The Seller shall exeenm and deliver such documents as may be required a effect or evidence compliance. All laws and regulations required a be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or my monies due or a become due hereunder without the prior writen consent of the other party. 10. TITLE. The Seiler warrants full, clear and unrestricted fide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers end employees of such party. The Sellers command obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seiler is required a use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser from any and all claims for infringement by =sea of the use of such patented design, device, material or process in connecting 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 at any time during the prosecution or after the completion of the work. In case said equipment, or my parr thereof or the intended use of the goods, is in such suit held a constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right a continue using said equipment or pails, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed order and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is a perform work hereunder, including the services of Sellers Represrntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellels own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury a the work and/or materials before Sellers foal completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seiler, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imumnce with bodily injury and death limits of at least $300,000 for my me person, $500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates 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 seller agrees that such compensation and insurance shall be maintained mfil after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for my and all damage, loss or injury ofmy kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this pumhaw order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges 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 part of the Sella, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officer;, agents or employees at any time on account or by reason of my act, scrim, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents car employees as aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, in pay my and all costa, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchases, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his comments shall take all safety, precautions, furnish and install all guards necessary fur the prevention of accidents, comply with all laws and regulations with regard a safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuit thereto. Revised 032010