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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9111750PURCHASE ORDER PO Number Page City Of///��� 9111750 t of s Collins This number must appear Flirt C` ,�—J`-' ` on all invoices, packing slips and labels. Date: 03/31/2011 Vendor: 109420 Ship To: WATER UTILITIES HYDRO CONSTRUCTION CO INC CITY OF FORT COLLINS 301 E LINCOLN AVE 700 WOOD. ST FORT COLLINS Colorado 80524-2505 FORT COLLINS Colorado 80521 Delivery Date: 03/30/2011 Buyer: Note: Line Description Quantity Ordered UOM Unit Price Extended Price Michigan Ditch Pipeline Dump 1 LOT EA 221,490.00 WO #H-WTF-2011-2 Total $221,490.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state 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 (Rcf. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure To mect specifications, either when shipped mduc to defects of damage in transit, may be rammed to you for credit and arc not to be replaced except upon receipt of written instnsctions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hcmnf. failure or delay to exercise any rights or remedies provided herein or by his. failure to promptly notify the Seller in the event oft breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Sellerof any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfnrmance himi for any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or .subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcrcoE Final Acceptance. Receipt of the mcrehandise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the parr of the City of Fort Collins. Hmmver, it is m be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc 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 any and all claims it may now, have or hereafter Freight Tents. Shipments must be F.O.K. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state animist laws for such overcharges relating to the particular goods or services othrn ise specified on this order. If permission is given to prepay freight and charge scpamtely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. 0.'here manufacturers have distributing points in various parts of the country, shipment is If the Purchaser direct, the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destitution, and excess freight will he deducted from Invoice when Puchascr and the Seller, and the Seller themaner indicates its inability or unwillingness to comply, the Purchascr shipments am made form greater distance. may cause the work to be performed by the must expeditious means mailable to it, and the Seller shall pay all costs associated with arch work. Permits. Seller shall procure at sellers scat cast all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bow fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS, This Pumhaw Order expressly Iimio, 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 or different temms 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 premised delivery dam 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 late deliveries shall operate as a waiver of this prevision. In the event ofany delay, the Purchascr shall have, in addition to other legal and equitable remedies. the option ofp1ming this order elsewhere and holding the Seller liable for damage,. However. the Seller shall not be liable for damages as a result of dcaays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or hots 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 any 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 harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tams ofany applicable warranty pmvided by the Seller after the date of acceptance of the grads famished hereunder (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany 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 ofany of the foregoing warrantiess or guarantees, but such liability shall in no event include loss ofpmfmts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal moms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make any changes to the terms, other than legal terns, including additions to or deletions from the quantities originally omemd in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperfcrmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, m m cam this agmencnt as to any or all portions of the goods then not shipped, subject to any equitable adjustment betwecn the panics as to any work or materials then in pmgress provided that the Purchascr shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purehawr or the Seller ofany offl cir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 9. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment. materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservation, security interest encumbmnees and claims nfothers. The Seller shall release the Pumhawr and its contractors of any Her from all liability and claims ofany nature resulting from the performance ofsuch work. This rcleuc shall apply even in the event of fault of negligence of The parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, ntaterinl or pmecss covered by Jena, patent, trademark or copyright, the Scllcr shall indemnify and .save harmless the Purchascr form any and all claims for infringement by reason of the use of such patented design, device, material 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 ofsuch infringement at any Time during The prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringenent 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 Purchascr the right to continue using said equipment or pans, 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 no assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liabiliw. 16. GOVERNING LAW. The definitions of terms used or the inicipmunion of the agreement and the rights ofall parties hereunder shall be construed under and governed by the Imws of the State of Colnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services ofSellers Representative(s), on the premises nfothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Sellces own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or crcetion by the Seller. the Seller shall receive naload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IR INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation, including occupational disease bcncfits, 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 Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and dcamh limits of m least S300.006 for any one person. S500.wn for any one accident and pmpcny damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contmetors employees shall do any work upon the premises ofmhers, the Seller shall famish the Purchascr 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 until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby assumes the entire responsibility and liability for tiny and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvided for in this purchase order or in connection herewith. The Seller will indent ni fy and hold hantIms the Purchaser and any or all of the Purchasers officers, agents and employees firm and against any and all claims, losses, damages, charges or expenses. whether direct or indirect and whether to persons or pmpery to which the Purchaser may be put or subject by reason of any act, aelion. neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors offccrs, agents or employee,. In case any suit or other Proceedings shall be brought against the Purchase%or its ot6eco, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to asamic the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their officers. agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchascr, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same Ira be dismb'ed and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, hat without limilation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010