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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9120711PURCHASE ORDER PO Number Page City of 9120711 1 of z Collins This number must appear Fort C ,�—,J`-' ` on all invoices, packing slips and labels. Date: 02/02/2012 Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS Colorado 80524-2505 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/02/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Cathodic Protection- WTP 1 LOT EA 46,391.00 Cathodic Protection at the WTP and along the 36" raw water line including replacing, repairing, and installing test stations and leads, as well as work in the East Reservoir and rehabilitiation of the AB insulator excavation. 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TerTns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By smote the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal E.xcisc Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist span strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39 26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evem of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED clue to failure to meet specification, either when shipped ordue to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance h rcoforany of it rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, ns to any prior or subsequent default hereunder. not shall any purpnnN oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fon Collins inspection on arrival. hereof. Final Acceptance Receipt of the mcrehandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. anthorized payment an the pan of the City of Fort 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 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 herealier Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the paniculir goods or Services othentise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased mr acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for picking will not be accepted. 13. PURCI IASERS 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 correct nonconforming or defective goods 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 arc made from greater distance. may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all costs nw,cimcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state. municipality, territory ar 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 asserted or established violation of any such laws, regulations, ordinances. mlcs and requitcmctus. Authorization. All panics to this contract agree that the mprescntatiecs are, in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits 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 terms and conditions proposed by seller am objuned humid hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised 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 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 of any delay. the Purchaser shall have, in addition to other legal and equitable remcdics, the option ofplaciag this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for donmgcs as a result of delays due to coasts at reasonably foreseeable which are beyond its reasonable control and without its fault of regligencc, such acts of God. acts ofeivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be cxlendcd for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gook, articles, materials and work covered by this order will conform with applicable drawing,,, 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 agrccs 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 purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by Taw or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials famished 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 proximmcly caused by the breach ofany of the foregoing wamntics or guarantees, but such liability shall in no cwent include loss ofpmfits nr loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehawr 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 terra, including odditinns to or deletions from the quantities ongiwlly ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of performance hercundet, an equitable adjustment shall be made. 6. TERM [NATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good, then not shipped. subject to any equitable adjusmeat between the panics as to any work or materials then in pmgrcss provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect ro any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser car the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty, (30) days (ram the date the change or termination is ordered, 8. 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 goods any 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers 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 poor written consent of the other parry. 10. TITLE. The Seller wammu full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumishcd in performance of this agreement tote and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 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 part), released and shall extend to the directors, officers and employees of such party. The Sellers contractual obligations. including wananry, shall net be deemed to b<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 pmecc covered by letter, patent trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from 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 Pnmhascr for any cost, expense or damage which it may be obliged to pay by reason of such infringemcat at any time during the prosecution or after the completion of the work. In ease said equipment, or any part 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 procure for the Purchaser the right to continue using mid equipment or parts, replace the same with substantially equal but noninfringing equipment, or tonality, it on it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Scllcrs property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The defiaitians oftema used or the interpretation ofthe agreement and the rights efall panics hereunder shall be conmot d under and governed by the laws of the State of Cnlnmdo, USA. The following Additional Condition, apply only in caws where the Seller is to perform work hereunder. including the services of Sellers Reprcsentetive(e), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller .shall carry on said work at Sclices own risk until the same is fully completed and accepted, and shall, in case of env accident destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's no expense and to the satisfaction of the Purchaser. When materials and equipment are fumishcd by others for installation or erection by the Seller, the Seller shall receive, unload, shore 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. 18. INSURANCE. The Seller shall, m 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 Imes 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 insumncc with hodily injury and death limits of at (cast S300.000 for any one person, $504000 for any one accident and Property dunnage 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 prmises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the (late when such compcnmtion 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 he maintained until a0cr 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 ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller 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 direct or indirect sad whether to Persons or properly to which the Purchaser may be put or suhlect by reason Many act, action. neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, 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 can account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRccrs, 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 or their officers, agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. 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 othenrise.'The Scllcr 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 Hcalth Act of 1970 and all macs and regulations issued pursuant thereto. Revised 03/2010