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HomeMy WebLinkAbout109420 HYDRO CONTRUCTION CO INC - PURCHASE ORDER - 9120262Fort Collins PURCHASE ORDER PO Number Page 9120262 1of2 This number must appear on all invoices, packing slips and labels. Date: 01117/2012 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: 01/13/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Meadow Spgs Ranch Headquarters 1 LOT EA 162,100.00 H-WTF-2011-10 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 Invoice Address: $162,100.00 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 union, the City of Fan Collins, exempt from stem and local taxes. Our Exemption Nomba, 1I. NONWAIVER. 98-04502. Federal Excise Tax Exemption C.nificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon mist performance afthe tears and conditions hereof. failure or delay in Internal Revenue, Dome. Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26, 114(a). exercise any rights a remedies provided herder or by lave, failure to promptly unity the Railer in the went ofa bream. the aafpmace of or payment fa Pass hereafter or approval of the Endo n, sholl not urkci the Seller of Goode Rejected, GOODS REJECTED duo to failure to meet speeifcations.either when shipped or due to defects of any of he warnow,arobligations of this purehaecoHe, and shall not be deemed a waiver of any right of the damage in transit, may be pernmed to yen fa audit and arc not to be replaced except upon receipt of wrincn Purchaser to insist upon strict peff rnoncc hereof or any of its rights or remedies as to any such goods, regardless annuctions from the City of Pon Collins. of when shipped received or accepted. as to any He, a absorption, default hereunder, nor shit I any pugmral nml mrtli femme or rescission of this purchase oMer by the Purchnser oporan, as a ••aver of any of the term.. Inspection. GOODS me sal to the City of For Collins ie,pcelion on amosel. hereof. Final Aeccpnece. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, nuthorired payment on the part of the City of Four Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in acmal cambial, poetise, n ,,cha,,., resulting from antitrust ACCEPTANCE is dependent span completion ofvll applicable required inspection procedure, violations arc in too borne by the Purolator, Theretofore. far good eanse and as consideration for-anmi,this purchase order. the Seller hereby asaigm to the Purchaser any and all claims it may no, have or hcrufm Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Went St., Fort Collins. CO 80522, unless acgmired under federal or mute antitrust laws for such overcharges relating to the pwr imNr gads or zmvicea othawisc spinifcd on this oMer if pcnni,%ion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant o this purchase ort bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufemrcrs have dimdation, p.,a. in oa pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective prods by a date to be agreed upon by the ,.,,led from the nfnrest o ishthinuen paint to devnirtion, and excess freight will be deducted fMm Invoice when Pnrchascr and the Seller, and the Seller thfrca0er indicates its inability or unwillingness in comply, the Purchase shipments ore made from Wearer distance. may cause the work to be perfomtet by the most expeditious means available to it. and the Scllcr shall pay all costs nmsnainal with such work, Permits. Scllcr shall procure at Idlers sole ...I an necessary permits cetrificates and licenses required by all applicable laws, regulations. ardifances and rates oftM1c 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. Sella further agrees to hold the City or Fort Collins hare less form and against all liability and lea incurred by them by reason of an a.ecned or established violation of any such laws, reputations, ordinances, roles and recommend, Authonealion All aortic,, m this counsel agree that the representatives are. in fan, boon fide and possess full and complete a ffouty to bind said Panic, LIMITATION OF TERMS. This Purchosee Order expressly limits examine, m the mans and candi am, ended havin set fart and any supplementary, or additional tents and conditions annexed herlero or incorporated hercin by reference. Any additional or itiRerent tears and condition, proposed byscil,, arc objected 1. vad hereby p,,bEd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Eye. anent make complete shipment to area an your momisod delivery date as noted. Time is of the erence. Delivery and performance must be effected evillim me time stated on the purchase order and the dmuments attached hereto. No acts of the Purchasers including, without limitation, acceptance of pvnlal late deliveries, shall operate as a waiver of this prevision In the event of any ratev, ,he Purchaser Amll have, in addition to other legal and equitable remedies, the option of placing this order decwhere and holden, the Scllcr liable for damages However. the Seller shall not be liable for damages as a result of delays due to causes not nersa mbty foreseeable which are beyond its reasonable corral and wphom its fault of megliaence, such art, ofGod. ass ofdv,l fir military amhoetns goveranninal priadnec fire, strikes flood epidemic wars or rims provided that notice of the conditions causing such delay is given to the Pumhaner within eve (5) dav, of the ext. when the Scher firs received knowledge thereof In the event of any such delay, the dam of delivery Shall be ended for the period equal to the time annually last by reason ofthc delay. 3. WARRANTY, The Sella Anduads ma, all .it,. articles, materialk and work covered by this order will contemn with applicable cowing, specification mpes and/or other descriptions given, will he fit for the purposes intended, and pefmnled with the highest degree of ear, and eompchaec in accordance with accepted standards for work of a cellar noterf. The Sella agrees to hold the purchoar barmlesc frrn any Ins., damage in 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 ems, to he perehasa, any defeats or faults arising within one (1) year within such longer period of time us may be prescribed by law or by the terms of any applicable warmnry provided by the Seller after the date of ce pros ofhe goods elmishcd mucada (averna ce not in be unreasonably delayed), resulting front imperfect or collective work done or materials furnished by the Seller, Acceptance or use of goods by the Pumhascr shall out comatimm a waiver of any claim ender this warmnry, Exapt as show ia, provided in this purchase order, the Sellers late lity bacunder shall extend to all damages proximately caused by the breach of any of the Retyping s""rrumics or guarantees, but such liability shall in no event include love of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SF IA LL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terms by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the meths, other than legal terms including addition' to m delemons from ,be Jasmines originally ordered in the specifications or dmeangs, by vabal or wmend change area If any such change affects the amount due be the time of performance herreunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the arods Inca not shipped, he Purchaser In any callable adjustment anybetweenelm the panics as In, any work or he ameanfn in forrem%fihprovided that ar he Perchasar shalin,n net be liable far any claim' Pot nd that no such adjustment on the kamader in favoro Whoa shwas ah rest work_fnr gods wh oh are do, afierstandardandk. eraserarmin hemessve favor of the Scllcr with respect fanny goods whloM1 serf IM1c any standard stocksuch mmhinetion shall relieve the Purchaser me Seller ofany ofoeir obligations a To any Fords delivered hereundernn Z CLAIMS FOR ADJUSTMENT, Any claim for adjustment must be assfn d within aim Per) days room the dare the change or Nomination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been prefaced sold, delivered and famished in strict ompl.... a with all vppticablc Imrs and ngulafons a which IM1c goods are subject. The sera soon cxeeme and deliver seer treatments as may be required to effort or evidence compliance. All laws and regulations required to be neotpomled is abrecmenh of this cha... In, are hereby incorporated herein by this reference. The Seller agrees to Indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a rewdt bfthe Sellers failure to comply with such law. 9_ASSIGNMENT, Neither party shall assign, hand a convey this order, or any monies due or to become due hercnnder without the prior wrincn consent ofhe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pachaur for all equipment, material.., and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, remnnames, security interest encumbrances and claims of others. The Seller sholl release the Pnrchascr and its contractors of any tier from all liability and claims of any nature .. aftan, from the perfomtone, of sueM1 work_ This release shall apply even in the event of fault of real igere, of the party released and shall extend to the diraders, Tall and employees of such no, The Seller nnnannal obligations, including w tmnry, shall not be domed to be reduced in any way, because such work is perfomhed or caused to be performed by the Purchaser, 14. PATENTS, kphenever the Solle, is required to nsc any design, device, trmboal a process covered by knee patent, nadcmark or copyright, the Seller shall indemnify and save hamdess the Pool from any and all chimes fro infringement by reason of the use of sueM1 patented design, device, material or pmecss in connection with the centrvet, and shall indemnify the Pl ohaser for any cast, expense or damage which it may be obliged 1. pay by re of such inf egement at any time during the pro ssufon or after the completion of the work. In case said equipment or any part thereof or the intended lose of the ga b. is in such suit bad to constitute Infringemcnt and the sae of sold cgnPorant or part o imposed, sod, he Seller shnil, at its man expense and at its option, either procure for the Perch.... the right to marine, using said equipment err pan, replace the same with substantially equal but nnninfringing equipment, or modify it sat it become% nomnfringing. IS. INSOLVENCY. If the Seller mall lnvonn: insolvent or bankrupt, stake an o.¢ignment for the benefit of creditors afraid a receiver or Blume for any of the Sellers property, or business. Cox order may forthwith be canceled by the perch.... wolam liability. 16, GOVERNING LAW. The definitions ofecmrs used or the intaffeelien of the agreement and the rights of all panics hereunder shall be emceed under and governed by the Imes ofthc State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including flo son ices of Sellers Repre, entalrepi, on the Promises of Dhers, 17. SELLERS RESPONSIBILITY. The Scllcr shall tarty an said work at Sellers area risk until the same is fully amplacd and a...pled, and shall, in c of any accident, danaenon or injury to the work and/or materials before Seller's final completion and acceptance, equipm complete the work at Settees Dino expense and to the satisfaction , thit. Sella shall When materials and equipment are .a at th by ethers for installation ion or oration by s I Sella, the Seller shall and/or ci unload, store being handle same at the silo and became responsible Therefor sec ,M1nugb such mmerinls end/or egnipmom were bcinE famished by TM1e Stiller ands the order. 18_INSURANCE The Sailer shill, a1 his own expense. provide for the payment of workers compensation, including occupational disease beelenk, in its employee, employed on or in connection with the work covered by this purchase abler, and/or to than dependants in accordance with IM1c Incas of The smm in whith the work is 10 be deal. The Sella ,hall also tarty ca pmben ve pen al liability including, bull not limited to, con rawm ral and anmobile Public liability insurance with bodily iMary and death limits of at least 90f1.000 for any one person, 5500.000 for any one accident and property damage limit per accident of S400.000. The Sella shall blonsise require his contractors, Vary, to provide for such cam,no ,wien and insurance. Before any of the Sellers or his eoTnrec ucs enhployca shall do any work upon the premises offences, the Seller shall famish the Purchaser with a anineac that such c nmpensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such anifaho III s,carry the date was such cnmpcnsation and inseminate expires. The Seller agrees that such compensation and lnsurnme ball be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hafby assume., the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whoever to personsor pmpcmy canoed by or sulting from the execution of the work provided for in this am is purchase order or in connion herewith_ TM1e Sella will indemnify and hold harmless be Parenaar and any r,It of he Purcle— oRiarsst , near, and employers farm sad againany and all eloim, tosses, damage%. charger % expert whether diremoral. and whether to persons or propcnPo y To which the rcbaser, may be put or subject by mason of any act, action, neglect ondssion or default on the pan of the Seller. any or his contractors, or any of the Sellers at connectors officers, agents or employee'. In eo any suit or inner ,materials shall be brought ,.air,, the Pu chant , or its ofic.rs, agents or employees at any time on account or their it aff of any net, anion, neglect, omission or default r thereby Sailer es any this eEthercontractors or any of its or defend d he time agents or Sellers ,a as aforesaid, oc Scllcr hereby ,aces es assume the es and thereof and , anyan the tome at the Sellers man expose, m par any and all costs mega, seer or an tees and nma r offnsa, any and all ployees i that may be in her ro or offdimp, and against e j dgment o or any Him b or their nmccrs, agents o employee ueM1 suite or nor or wing, and in w judgment or other lien be placed upon in p or the Seed against the pmpcny of the , to be is or parties in or as a insult of such snits or other pmaeding. the Seller will at once cause lhC%amc to be dissolved and discharged by in,guards bond or otherwise. The Seller and his dent,. crap shell take all rafcry precautions, furnish and install all guards necessary for ut prevention hof e Occupational comply with all Ivhes and 1970aid with regard m safety including, but without limitation, du Oecupvtional ReCery and Health AG of 19)0 end all alas and regulations issued pursuant therein. Revised 03/2010