Loading...
HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9121324PURCHASE ORDER PO Number Page City of PURCHASE 9121324 1 of 2 `t CollinsCThis number must appear on all invoices, packing slips and labels. Date: 03/06/2012 Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS Colorado 80524-2505 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/06/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Poudre Canyon 24"Raw Waterline Design HYDRO-2012-1 C3. 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 1 LOT EA Total Invoice Address: 6,955.00 01-M11111 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By st.mte the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-0,1502. Federal Exeisc Tax Exemption Cenificate of Registry 84-6000587 is registered With the Collector of internal Revenue, Denver. Colorado (Ref. Colorado Revised Stabiles 1073, Chapter 39-26. 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet spceifieatinas, 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 instruction, from the City of Fon Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Pumh ewr to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or rcmcdics provided herein or by late, failure to promptly notify the Seller in the eccat of a breach, the ecccfamme ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the waminfe, or obligations of Ilti, purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or rcmcdics as to nny such goods, rcgnrdicc of When shipped, received er accepted, as to any prior or subsequent default hereunder, nor shall any purported and mortification or rescission of this purchase onler by the Pumh.iwr oatime as a Waivcr 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 pan of the City of Fort Collins Hmvever, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice mercharges resulting from antilmsl ACCEPTANCE is dependent upon completion of all applicable required inspection pmeedures. violations ore in fact borne by the Purchaser. Theretofore, for good nose and as eonsiderntion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tems. Shipments most be F.O.B., City of Fort Collins, ]loll Wood St., Fen Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services mWi,, ise spvcificd an This order. If permission is given to prepay freight and charge separately, the original freight purchased er acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will net he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance IVImm mannfactme , have distributing points in carious pans of the country..shipment is If the Purchaser directs the Seller to correct nonconforming or defeclice goods by a date In 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 be perfumed by the most expeditions man, available to it, and the Seller shall pay all costs e,secimcd with such work. Permits. Seller shall procure at wilas sale cast all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipnlity, 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 Fen Collins hamiless from aad egairto all liability lad Ins, incurred by them by reason of an averted or established violation of any such laws, regulations rmlinances. talcs and requirements. Autherimlion. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics, LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the ices and conditions stated herein set forth and any supplementary or additional tents and conditions annexed herein or incorporated herein by reference. Any additional or different tam, and conditions proposed by.sticram objected In and 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 ofihc essence. Delivery and perfomance must he effected within the time stated on the purchase order and the documents munched hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a varive, ofthis provision. In the event of nny delay, the Purchaser shall have, in addition to other Icgal and equitable remedies. the option of pineing this order elsewhere and holding the Seller liable for damages. However, the Sellerdrill not be liable for damages is a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and Without its fault ofnegligenee, ,such act, of Ged. act, ofcivil or military authorities, governmental immitics, fires, strikes. Bond, epidemics, wars or riots Provided that notice of the conditions causing such delay is given to the Purchaser Within five (5) des of the time When the Seller first rcaivcd knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the Period equal to the time actually lest by reason of the delay. 3. WARRANTY. The Seller wvmats that all goods, articles, materials and work covered by this order will conform With applicable drawings, specifications, samples and/or other dRcriptimrs given, will be fit for the rytipeses 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 form any loss. damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warmmy. The Sclict shall replace, repair or make grind Without cost to the purehnxer, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Lear or by the terms ofany applicable wamnty provided by the Scllcr after the date of acceptance of the goods fumished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or nmerials fumished 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 hacundcr shall emend to all damages pmximatcly "used by the breach of any of the foregoing wamatics or guamatees, but such liability shall in no event include log of profits art Inc of .sc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SUALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wriuca change taxer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tcrao. other than legal toots, including additions to or deletions From the quantities originally ordered in the s,ccifcatian, or dmWings, by verbal or written change order. If any such chance affects the amount due or the time of perfermance hereunder, an equitable adjustment shall be nude. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the gelds then not shipped, subject to any equitable adjustment between the panics 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 ponion of the goods and/or Work, for incidental or consequential hinges. and that no such adjustment he made in favor of the Seller with respect in any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of nny of fl cir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thin (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller Wamnts 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 arc subject. The Seller shall execute and deliver such documents us 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 hamticss 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, transfer. or convey this order, or any monies due or to become due hereunder without the Prior v, rmcn consent of the other parry. 10. TITLE. The Seller Wamnts full, clear and unrestricted tine to the Purchaser for all equipment. materials, and items banished in perfomunec of this agreement five and clear of any and all liens, restrictions, rescn:ations, scavily interest enenmbo noes and claims of others. The Seller shall release the Purchaser and its contactors of any tier from all liability and claims of any nature revolting fmm the performance ofmch work. This release shall apply even in the mvou of fault of negligence of the party released and shall emend to the directors, offrers and caployces of such party., The Seller', contractual obligations, including warranty, shall not be deemed to be reduced, in any way. because such work is perfomud or caused to be perfomcd by the Purehnwr. 14. PATENTS. Whenever the Seller is required to use any design, device, naterial or process cnveral by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser !ram any and all claims far 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 cast, expense or damage Which it may be obliged In pay by reason of such infringement at any time during the pmsceution or after the completion of the work. In ease said equipment, ar 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 far the Porclascr the right to enntim¢ using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or omdify it so it beeumc noninfringing. 15, INSOLVENCY. If the Seller .shall become insolvent or binkrpt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Porchascr withotn liability. Ib. GOVERNING LAW. The definitions ofo mts used or the interpretation ofthe xgrecmcnt aad the rights ofill panics hcrnmder shall be construed under and governed by the laws ofihc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform Work hereunder, including the sendecs of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY, The Seller shall carry to 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 Selices final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Porchascr. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and brindle same at the site and became respansible therefor as though such materials and/ear equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation, including occupational disease benefit,, to its employees employed on or in connection with the Work covered by this purchase order. and/err 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 in,ctrance With bnlily injury and death limiter of at least Sa00,000 for any one Person, S500.050 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his coo uutms, if any, to provide for such compensation and inWo nce. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser With a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compcvsmion and insuan" have been provided. Such ecnificams shall specify the date when such compensation and insurance expires. The Seller agrees that such canpen,min t and insurance shall he mnintained until after the entire Work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby eeumcx the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whmsocycr to persons or pmpeny caused by or resulting from the exceation of the Work pmvidcd for in this purchase order or in connection herewith. The Seller Will indemnify and hold harmless the Porchascr and any r all of the Purchase¢ officers. agents and employees treat and against any and all claims, losses, damages. chmgcs or expenses. whether direct or indirect. and whether to persons or pmpcoy to Which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the not of the Seller, any of his contractors, or any of the Sellers or contractors ofiiccis, agents or employees. in ease any suit or other proceedings shall be brought against the Porchascr. or its omccrs, agents or cmplayecs at any time on 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 affccm, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thercaf and to defend the same a1 the Sellers own expense, In pay any and ill costs, charges, attorneys fees and other expenses. any and all udgm"t, that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings and in case judgment or other lien he placed upon or obtained against the property of the Purchaser. or mid parties in ear as a result ofmch suits or other Proceedings. the Seller will at once catuc the same to be dissnked and discharged by giving bond or olhcnyisc. The Seller and his contractors shall take all .safety precautions. famish and install all gam6 nacssmv for the prevention of accidents, comply With all paws and regulations with regard to safety including, hot without limitation, the Occupational Safety and Ileahh Act of 1970 and all roles aad regulations issued Pursuant thereto. Revised 01/2010