HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9103029Fort
Fort Collins
11*00�
Page Number: 1
Date: 6/10/2010
Purchase Order Number: 9103029
Delivery Date: 6/10/2010 Buyer: DICK,OPAL
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Oty/Units Description Extended Price
1 LOT
2010 Asset Managment
I
WO #H-WTF-2010-3
10,000.00
Total $10,000.00
Risk k Management �rye nt. Invoice Address:
of Fort C in Director of Purchasing and 'k M�-ngc ment
P
This order is alid over $5000 unless signed by James B. O'Neill 11, CPPO
signed
h�, 1. 0 �v
------- �$00 C�nn City of Fort Collins
City of Fort
C Director of pur
I
5 order is a id over 50 u
Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fCgOV.GOM Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIALDE'TAILS.
Tax exemptions. By statute the City of Port Collins is exempt from state and local taxes. Our ExroMmn Number is
98-04502. Federal Excise Tax Exemption Cadficate of Registry 84-6W0587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statute 1973. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, ani be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Pan Collins.
Inspection. GOODS arc subject to the City of Fort Collins inspection on anival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized
payment on the part of the City of Fort Collins. Howeveq it rs to be understood that FMAL ACCEPTANCE 6
dependent upon completion of all applicable required inspection procedures.
Freight From Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO do522, unless
otherwise specified on this order. Uperadssi.n is given to prepay freight add charge separately, the original freight bill
most arcompny invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where manufacturers have dinributing points in various pans ofthe country, shipment is sxpmed
from the nearest distribution point to destination, and excess freight will be deducted fimn Invoice when saturants we
made from greater distance.
Permits. Seller shall procure ar sellers sole cost all namparyperrmts, cmificates and licenses m, dbyail applicable
laws, regulations, ordinances and ales of the state, mmainpality, territory or political subdivision where the work is
performed, or required by any other duly meditated public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City ofFort Collins hamlms from and against all liability and Ines incurred by than by
reason of an assured or established violation of any such laws, regulations, ordinances, rates and requirements.
Authmtrution. All parties to Nis contract Ounce that the representatives are, in fact, bona fide add possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the twon Mud conditions stated herein
set South and any supplementary or additional temp and conditions annexed hereto orincogwmtd herein by reference.
Any additional or dif rat tame and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you armor aws, complete shipment to arrive on your
promised delivery date M noted. Time is ofthe essence. Delivery and performance most m effmed within the rime
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
Mutation, acepame, ofpsomal late deliveries, shall operate as a waiver ofthis provision. In the event ofary delay, the
Purchaser shall have, s addition to other legal and equitable remedies, the option ofplwmg this order elsewhere and
holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result ofdelays due to
causes not reasoebly foreseeable which are beyond its reasonable control and without its nickofnegligane, such no
of Cod, acts of civil or military authorities, governmental priorities, fires, strikes, Flood, epidemics, wars or dots
provided that notice of the conditions causing such delay is give to the Purchases within five (5) days of the time
when the Seller first received knowledge thereof In the event 0fmy such delay, the date of delivery shell 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 Sella agram to hold the purchaser hmmless from my lose, damage or expense which the Purchaser may suffer or
incur on account ofthe Sellers breach ofwananty. The Seller shall replace, repair or make good, without cost to the
purchaser, any defects or fauks arising within one (1) year or within such longer period oftime as may beprambal by
law or by the tenor of any applicable warranty provided by the Seller Ma the daze of acceptance of the goods
furnished hereunder (zeaptance not to be unreasonably delayed), resulting firm imperfect or defective work done or
materials famished by the Seller, Acceptance or use of goods by the Purchaser shall not constitute a waiver of my
claim under this wearamy. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or guarantees, but such
liability shall in no event include toes of profits or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILTIY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Panama may make changes to legal team by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchmermay, make anything. to the terra, otherthan legal terns, including additionsO or deletions domthe
quantities originally ordered in the sptrifiraim. or dmwings, by verbal or written change order. Ifany such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser nay at anytime by written change order, temunate Nis statement as to any or all Portions off goods
then not shipped subject to any equitable adjustment between the panics as to anywork ornaterials then in progress
provided that the Purchase, shall not be liable for any claims for anticipated profits m the uncompleted portion ofrhe
goods and/or work, for incidental or consequential manages, and that no such adjustment be made in favor ofthe Seller
with respect ro any goods which are the Sellers standard stock. No such [emanation shall relieve the Purchaser or the
Sella of any oftheb obligations as to any goods delivered hereunder.
T. CLAWS FOR ADJUSTMENT.
My claim for adjustment n,urn be asamed within thirty(30) days firm the date the change or termination is ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all goods sold hereunder shall have man produced, sold, delivered and famished in strict
compliance with all applicable laws andregulations to which the goods are subject The Seller shallexame addeoff
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of Nis character we hereby incorporated herein by thin reference. The Seller agrees to
indemnify and hold the Purchaser handless ftom all costs add damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, err convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10 TITLE.
The Seder wsnants full, Clew add mrestrided title he the Purchaser for all equipment materials, sudvam firmishm in
performance of thus agreement, free and clear of may and all liens, restrictions, reservations, security merest
encumbrances and claims ofothers.
I I. NONWAIVER.
Failure of the Pwchma to insist upon strict perfmwwi of the team and conditions hereof, future ' or delay to
exercise any rights orrenedim pmvided herein or by law, failure to promptly notify the Seller in the event ofa breech,
the arcptance .for payment for goods hereunder or approval ofthe design, shall not release the Seller ofary ofrhe
warranties or obligations ofthis purchase order and shall not be deemed a waiver ofaay right ofthe purchaser to moist
upon strict performance hereof or any of its rights or remedies s to any such goods, regardless of when shipped,
received or accepted, m to any prior or subsequent default hereunder, nor shall any pugsorted oral tordification or
rescission fthis purchase Wrier by the Purchaser operate as a waiver of any of the terms hereof
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations arc
in fact ameby the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigrrs to the Purchaser any and all claims it may now have or hereafter acquired under federal or state
antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchase,
pursuant to this purchase order.
3 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to caret nonconforming or detective goods by a daze to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
Ouse the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs
associated with such wort.
The Seller shall release the Purchaser and its contractors ofany tier from all liability and claims ofmy nature resulting
firm the performance of such work.
This release shall apply even in the event of fault ofnegligece ofrhe patty released and shall extend to the directors,
office and employes fsuch party.
The Sellers commaual obligations, including warranty, shall not Ise deemed to be reduced in anyway, hallow such
work is perfor ed or caused to be performed by the Purchaser.
IC PATENTS.
Whenever due Sella is required to use any design, dadee, mazmal or process covered by letter, patent, trademark or
copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for h,fiingetrent byresson
ofthe use ofsuch patented design, device, material or process in connection with the comma, and Man indemnify the
Purchase for any cost, expense or damage which it may he obliged to pay by reason ofsuch infringement at anytime
during the prsecmion or after the completion ofthe work. In case said equipment, or any part there. f or the intended
use ofthe goods, is in such suit held to constitute infringement and the use ofmid equipment or part is enjoined, the
Seller shall, at its awn expose and at its option, either procure for the purchase, the right to continue using said
equipment or pans, replace the same with substantially equal but non-infn'nging equipment, orm edify it so it becomes
non-infiiaging.
15. INSOLVENCY.
lfthe Seller shall beone insolvent or bankrupt, make an amiprad. forthe benefit ofcredim., appoint aradva or
trustee for any of the Sellers Property or business, this order may fonhwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The dorm itions of terns mod 01 the intalwassu n of the agreement and the rights of all parties hereunder shall be
aw wed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply Doty, incases where the Sella is to perform work hereanda, including the
,.,vices of Sellers Repmscotmive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sellashall canyon MkIwmk at Seller's own risk until the sane is fully conplatmand accepted, and shad, in case
of any accident destruction or injury to the work an&" materials before Sellers oral completion and acceptance,
complete the work at Sella', own expense and to the satisfaction ofthe Pmchasa. When materials and equipment are
famished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same a
the site and become responsible theretoras Nough such mammals and/or equipment were being fiunished by the Seller
under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkm oxwo aaron, including occupwone mu s,
benefits, to its employees employed on or in correction with the work covered "is purchase order, andtor 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, mnmartual and automobile public liability Marine, with
Wilily injury and death limas,, of at least $300,000 for any one person, $500,000 for any one accident and property
damage limit per accident of $40g000. The Sella shall likewise require his contractors, if any, to provide for such
compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the
Frei ofothers, the Sella shall famish the Porchasff with 0cmificate that such compensation and insurance have
been provided. Such certificates shall specify the date when such compasation and insurance have been provided.
Such certificates shall specify the date when such compensation add insurance expires. The Seller auras that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility add liability for any and all damage, loss or injury ofady kind or
nature whmsoevff to persons or property caused by or remaking from the execution ofthe work provided far in this
purchase order or in connection herewith The Sella will indemnify and hold handless the Purchase and soy or all of
the Purchasers affairs. agents and employees from and against any and all clams, losses, damages, charges or
expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may beput m subjm
"won ofany not, action, neglect, omission or default on the part ofrhe Seller, anyofhrs contmcmrs, or any nfthO
Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the
Purchwff, or its Officers, agents or employees at anytime on account or by reason ofany art, action neglect window
or default of the Sella of any of his contractors or any of its w their olEcas, agents or employees m aforesaid, the
Seller hereby agrees to assume the defense thaeofand to defend the same at the Sellers own expense, to pay any and
all costs, charges, attorneys fees and other expenses, any and alljudgments that maybe incurred by or obtained Oman
the Purchsa or any of its or their officers, agents or employees in such suits o1 other pidomf a, and in case
judgment or other lienbe placed upon turbanned against the propestyofthe Purchases, or saidpartim in orasarcault
ofsuch suits orotherproceedings, the SOperwid at once cause the same to be dissolved add dischaged bygivingboM
or otherwise. The Sellaandhis contractors Mall take all safety precautions, boorish and small allguarcls wasssaym
the pewnum of madmms, comply with all laws and regulations with regard to safety including, but without
mutation, the Occupational Safety and Health Act of 1970 and all rules and regulations com d pursuant Hereto.
Revised 0312010