Loading...
HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9121458PURCHASE ORDER PO Number Page City of PURCHASE 9121458 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 03/12/2012 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: 03/12/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Odor Control Equipment 1 LOT EA 114,078.00 WO #H-WTF-2012-2 Total $114,078.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Tcrms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions, fly statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcate of Registry 94-60010587 is registered with the Collector of radon oithe Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay In Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 far 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 goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of any of the mammies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmnsit. may be mourned to you for credit and arc not to to replaced except upon receipt of written purchaser to insist upon strict pcifomancc hercofor any of its rights or remedies as to any such grads, regardless instructions fmm the City of FOR Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any marooned oral modification cur rescic ion of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 11 ASSIGNM ENT OF ANTITRUST CLAIMS. motorized payment on the pan of the City of Fon Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofa11 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 acigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must he F.O.H.. City of Too Collins, 700 Wood St_ Fon Collins, CO 80522, unless acquired under federal or state antitrust laws 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 purmant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacmrcrs have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules 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 funkier 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 vinlation of any such laws. regulations. ordinances, mles and requirements. Authorization. All ponies to this contract agree that the representatives are. in fact, bona fide and possess full and complete anthority to bind said Panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcros and conditions stated herein set fanh and any supplementary or additional terms and conditions annexed heron or incorTented herein by mfiercriec. Any additional or different tomes and conditions proposed by seller arc objected to 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 ofthe 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 provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable mandics, the option ofplacing this order elsewhere and holding the Scllcr liable for damages. However, the Seiler shall no, be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond it reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military, authorities, governmental priorities, films. strikes. nand, epidemics. wars or riots provided [bar notice of the conditions causing iaub delay is given to the Parehawr within fire (5) days of the time when the Seller first .is ed 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 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 be fit for the purposes intended, and perfomd 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 hamlcss from any loss, damage or expcnsc which the Purchaser may suffer or incur on account of the Sellers breach of warm my. The Seiler shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the toms of any applicable wamnty, provided 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 err materials famished by the Seiler. Acceptance or use of goods by the Purchaser skin II not constiute a waiver of any claim underthis warn am. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximtdy caused by the breach of any of the foregoing mummies or guarantees, but such liability shall in no event include loss of profits at loss of use. NO IMPLIED WA R RANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal gems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or dcleiers fmm the quantities originally 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 hereunder, an equitable adjustment shall he made. 6..TERMINATIONS. The.Pumhascr may at any time by written change order. terminate this agreement as in any or all ponions of the girds then not .shipped, subject to any equitable adjustment between the panics as to any work or mnteri ils then in pragress provided that the Purchaser .shall not be liable for any claims for anticipated petits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shill relieve the Purchaser err the Seller ofany oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he ac ened within thirty (30) days form the date the change or termination is ordered. R. 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 are 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 Seiler agrees to indemnify and hold the Purchaser harmless Pointall costs and damages su Rered by the Purchaser as a result of the Sellers failure to comply with such law. q. ASSIGNMENT. Neither Party shall assign, transfer, ar convey this order, or any monies due or to become due hereunder without the prim written consent ofthe other parry. 10. TITLE. The Seller wmmnt, full, clear and unrestricted title to the Pureha,cr for all equipment, materials, noel items famished in perfommaacc of this agreement free and cleat of any and all liens, restrictions, reservations, security interest cneumbnnecs and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to erect amemifoming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr,and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfumed by the most expeditions means available to it, and the Seller shall pay all costs assaeiated with such work. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting from the perfomrance ofsueh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcmrs. officers and employees ofsuch party. The SCIIcr's contractual obligntions, including warm. my, shall not be deemed to he reduced, in any way. because Such work is performed or caused to be perfumed 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 Seller shall indemnify and save homeless the Purchaser from any and all claims for infringement by reason of the use of inch patented design, device. material or process in connection with the concoct, 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 a0cr the completion ofthe work. In case said equipment, or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement Rod the use of said equipment or part is enjoined, the Seller shall, nt its own expense and at its option, either pmcurc for the Pumhascr the right to continue using said equipment or Pans, replace the sane with substantially equal but nonlnfringing equipment, or modify it so 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 Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tees used or the interpretation ofthe agreement and the rights of all parties hereunder shall be command under and governed by the laws ofthe State of Colamdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representative(,). oa the pmmiscs f.then. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case of nnv accident. dcsltuetom or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seiler', own expense and to the satisfaction of the Purchaser. When materials and equipment are famished 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 Seiler tinder the order. I R. 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 accorlancc with the laws of the state in which the work is to be done. The Seiler shall also carry comprehensive general liability including, but not limited lo. coulee reel and automobile public liability insurance with bodily injury and death limits of at least S300.006 forany one per, on. S500,000 for any one accident and property damage limit per accident of S400,t100. The Seller shalllikewise require his contractors. if any, to Provide for such compensation and insumnee. 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 cenificale 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 Scllcr 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, loss or injury of any kind or nnmre whatsoever to persons or pmpcny caused by or mselting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold hamless the Purchaser and any or all of the Purchasers affects. agents and employees fmm 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 pin or subject by reason of any net, action, neglect, omission or default on the pan of the Scllcr, any of his contractors or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be hmught against the Purchaser, or its of iccrs, agents or enrplovec, 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 aRecm, agent or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the same at the Sellers own expcnsc to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incumd by or obtained against the Purchaser or any of its err their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon err obtained against the property critic Purchaser. or said parties in or as a result of such 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, furnish and install all guards necessary for the prevention of aceidenl, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all parts and regulations issued putsonit thereto. Revised 0312010