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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9111751PURCHASE ORDER PO Number Page City of 9111751 t of 2 ' `t Collins I „s This number must appear " 1 1 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: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Michigan Ditch Pipline Upsize 1 LOT EA 221,140.00 H-WTF-2011-1 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 Total $221.140.00 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and Iocat taxes. Our Exempting Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-MM597 is registered with the Collector of Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39.26, 114 pd. Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failum 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 ofor payment for goods hereunder or approval of the design, shall not release the Seiler of .any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany right of the purchaser to insist upon strict performance hengfor any ofits 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 Purponcd nml modification or rescission of this purchase order by the Purchaser operate as a 0aiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of End Collins. However, it is to 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 are in fact borne 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 Terns. Shipment must be F.O.B., City of Fort Collins. 701) Wood St., Fog Collins, CO 80522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to connect nonconforming or defective good by a date to he 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 to it, and the Seiler shall pay all costs associated with such work. Permits Seller shall procure at sellers We cast all necessary permits, cceificams and licenses required by all applicable laws, regulations, ordinances and talcs 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. Seiler father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mason of an assMcd or established violation of any such laws, regulations, ordinances, talcs and requirement. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possae full and complete authority to bind said parties. LIMITATION OF TERMS. This purchau Order expressly limits acceptance, to the terms and conditions stated herein sal froth and any supplementary or additional terms and conditinns annexed hereto or incorporated hencin by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive ern your premised 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 anached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event ofany 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 to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of Gad, acts ofeivil or military authorities governmental priorities, fires, strikes, Bond, 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 any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc 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 he fit for the porpnscs intended, and performed with the highest degree of care and compctcnee in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmlcsa from any loss, damage or expense which the Purchaser may suffer or incur an account of the Sellers breach of wamnty. The Seller shall replace. repair or make good, without cuss to the purchaser, any defects or fault arising within one (1) year or within such longer period Of time as may be prescribed by law or by the terms ofany applicable wamnty pmvidcd by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from 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 wamnty. Except as rnhenvise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmxinmtcly caused by the breach of any of the foregoing wamntics or guarantees, but such liability shall in no event include Iola of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the trams, other than legal tents, including additions to or deletions from the quantities originally ordcrcd in the specifications or drawings, by verbal or .written change order. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjm tment between the parties as to any work or materials then in progress, provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Trading of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with mspcct to any gad which are the Sellers standard stock. No such terminating shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered heeunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days point the date the change or mrmination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the galls arc 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 Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, render, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title m the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oficers and employees of such party. The Seller's contactual obligations, including warranty. shall not be deemed to be reduced. in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter. patent, trademark or copyright. the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, des ice, 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 of such infringement at 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 suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall. at its own expense and at its option, either pmcurc 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 noninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or Forklift make an assignment for the benefit of creditors, appoint a receiver or mago, for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights cfall panics hereunder shill be construed under and gavemed by the laws afthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repmsentative(s), on the premises afothe¢. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shnll. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When mmerlala and equipment arc furnished by others for installation or erection by the Seller, 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 furnished by the Seller under the order. 19. 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 coveted by this purchase onlen 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 carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at Icot S300,00) for any one person, S500,010 for any 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 any of the Sellers or his contractors employees shall do any work upon the premises ofothers the Sellershall famish the Purchaser with a cer ifteam 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 hereby assumes the entire responsibility and liability for any and all damage, hoc or injury ofany kind or nature whatsoever to perums or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indcmni Fy and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any 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 motion of any act. action. neglect, omission or default on the pad of the Seller, any of his contractors, or any of the Sellers or contactnrs effects, agents or employees. In ease any suit or other proceedings shall be brought against the Purchaser. or its officers. agents or employees at any time on account or by reason of any act, action, neglect omission or default of the Seiler of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume 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 Purchaser or any of its err their aficcm 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 Parchasce or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursnam thereto. Revised 0312010