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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9117445City of Fort Collins PURCHASE ORDER PO Number Page .9.117445 1 of 2 This number must,appear on all invoices, packing ;and labels. Date: 12/15/2011 Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT -COLONS Colorado 80524-2505 Ship To: WATER.UTILITIES- . . CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/15/2011 Buyer: OPAL DICK Note: Line Descri tion Quantity Extended P - Ordered UOM Unit Price Price Construction Services .1 LOT EA, 4,532,171.00 Mulberry Redundancy Project H-W RF-2011-11 (NPT Improvements) -Total $4 532 171 eoo City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local sixes. Our Exemption Number is 98-04502. Federal Excise Tax Exempdan Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colmmdo (Ref. Colorado Revised Sumtcs 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to into specificatimu, either when shipped or due to defects of damage in transit, may be rammed to you for credit and Are not to be replaced except upon rcdipt of written instructions from the City of Fort Collins: Impection. GOODS arc 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 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 grads hereunder or approval of the design, shall not release the Sella of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchase, to insist upon strict perfornance hereof or any of is rights or remedies its to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported ram modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the farm hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can tesult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorired payment on the part of the City of Fort Collies. Hmxrver, 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 ate in fact borne by the Purchaser. Theretofore, fin good cause and as consideration for executing this purchase cold, the Sella hereby assigns to the Purchase, any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Woad Se, Fort Collins, CO 80522, unless Otherwise specified on this cold. If prnnimion is given to prepay freight andcharge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pars of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. , Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses requied by all applicable laws, regulations, ordinances and rules ofthe 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 from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and requircmcnts. Authodration. All parties to this contract agree that the representatives arc, in fad, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams 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 terms and conditions proposed by seller are objected to end hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised 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 Parchesers including, without limitatiop: acceptance offurtial late delirerics: shall operate As a waiver ofthfs provision. In the event crony delay, the Purchaser 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 nut be liable for damages as a result of delays due to causes not reasonably foreseeable which an beyond its reasonable cancel and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, Rood, 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 Sella 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 Sella warrants that all goods, articles, materials and work revered by this order will conform with applicablc drawings, specifications, samples and/err other descriptions given, will be Po 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 agrees to hold the purchaser harmless from 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 coat to the purchasa, any defects or faults mdsing within one (1) year or within such longer period of time as may be prescribed by law or by the tams of any applicable warranty provided by the Sel let after the date of acceptance of the goods furnished hacunda (aaeptance not to be unreasonably delayed), resulting roam imperfect or defective work done or materials furnished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute A xvaivcr of any claim under this warranty, Except as othanvise provided in this purchase order, the Sellers liability heeunda shall extend to all damages proximately caused by the breach of dry of the foregoing wamOnes or guarantees, but such liability shall in no event include loss ofprefits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal scones, including additions to or deletions fmm the quantities originally ordered in the specifications err drawings, by vatud or written change under. If any such change affms the amount due or the time of p n-fomance hereundd. An equitable adjustment shall be 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 adjustment bewman the parties As to any wank or materials then in progress provided that the Purchaser shall not be liable fin any claims for anticipated profits an the uncompleted portion of the goods and/or work, for incidental in conacquential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Scllcrs standard stack No such termination shall relieve the Purchaser or the Sella of any of their obligations As to any goods dclivacd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ageed. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have beat produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods an 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 )nmrporatcd 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 parry shall assign, trnsfa. or convey this order. or any monies due or to become due hacunda without the prior written consent of the other party. 10. TITLE. The Seller svamns full. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all has. restrictions, reservations, security interest encumbrances and claims of ethers. acquired under federal or state antitrust Is" for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. - 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella to correct nonconforming or defective goods by d dme to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with sdch-wak. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This rclerse 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 conmcmal obligations, including wamnry, 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 Sella is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser front any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the conmd}and shall indemnify [he Purchaser for any cost, exPenae 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 equipmcm, ar any part thereof or the intended use of the goods, is in such suit held to consulate infringement and the use of said equipment or part is enjoined- the Sella 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 noninfringing equipment, or modify it so it becomes noninfringing. _ 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefil of coeditors- appoint A rediver or trustee fin any of the Sellers Property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation of the agreement end the rights ofall parties hereunder shall be construed under and governed by the laws of the State ofColomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sclld'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 Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site end became 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 in 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 least S300,000 for any one person- S500.000 for any one accident and property damage limit per accident of $400.000. The Sella shall likewise require his canmetom 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 of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insuranco 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 and 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, loss or injury of any kind or come whmsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify 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 dims err 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 Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In use any suit or other proceedings shall be brought against the Purchaser, or its officers, agens err employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contuctms or Any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thacof 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 or their officers. agents at employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings. the Seller will at once =use the same to be dissolved and discharged by giving bond or otherwise. The Seller and his cmvadins 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, but without limitation, the Occupational Safety and Health Act of 19.70 and all miss and regulations issued pursuant thereto. Revised 032010 - . ' ) . s