Loading...
HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9121835PURCHASE ORDER PO Number Page City Of9121835 t of z `t Collins OI`I I n �+ This number must appear (, J on all invoices, packing slips and labels. Date: 03/28/2012 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: 03/28/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM i Unit Price Extended Price MRS Wells/Phoenix House Demo 1 LOT EA 91,375.00 WO #H-WTF-2012-3 Total $91,375.00 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 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt four state and local rasa. Our Exemption Number is 11. NONWAIVER. 9R-01502. Federal Exaisc Tax Exemption Ceri fieatc Of Registry R4-fi0005R7 is registered with the Collector of Failure of the Purchaser in insist upon strict perlormrincc of the rapers and conditions hereof. f+ilnrc or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies pmvidd herein or by law. failure to promptly notify the SCllcr in the cent of n breach, the acceptance ofor payment for goods hereunder tar approval ofthe design, shill not release the Seller of Gods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the Onto mics or obligations of this purchase order and shall not he deemed a waiver of any right ofthe darome in transit. may be retumd to you far credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomancc hercofor any of its rights or remedies as to any such goods, regardless instmcrime, Farm the One of Fon Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this porchase order by the Purchaser operate as a waiver of any Of the temas Inspection. GOODS are subject to the City of Fort Collins inspection on acuua1. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in rceportc to this order can result in 12. ASSIGNMENT OF ANTITRUST CLA I NIS, authorized payment on the pan of the City of Fort Collins. However, it is m be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Pnrehrscr. Theretofore, for grind cause and is consideration for executing this Purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaficr Freight Terms. Shipments most be F.Q.B., City of Fort Collins, 700 Wood St_ Fan Collins. CO R0522. unless acquired under federal or state antitmst Imes for such overcharges relating to the pinicahu goods Or services nthensisc specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase nrder. bill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whem manufacturers have distributing points in various pans of the countiv, shipment is If the Purchaser dioels the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller bereave, indicates its inability Or Onw'illingnec to comply, the Purchaser shipments are made form greater distance. may cause the work to be pcifOmd by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Pemits. Seller shall procure at sellers sole cost all necessary pemits. cerificares and licenses required by all applicable laws, regulations, ordinances and ales of the state, municipality, territory tar political subdivision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the work Of v.do,. Seller further agrees to hold the City of Fort Collins hamlcss Foam and against all liability and loss incurred by them by reason of inn asserted or established violation of any such laws, regulations, ordinances. mles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact. barn fide and possess full and complete authority to bind said privies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary m additional moots and conditions annexed hereto Or incorporated herein by refercnee. Any additional Or different terms and conditions pmposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nrrivc on your promised delivery dnte as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the docmments attached hereto. No acts of the Purchasers including, without limitation, acceptance of gavial late deliveries, shall operate ins n waiver of this provision. In the event ofany delay, the Purchascr.shall have, in addition to Other regal and equitable remedics, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall nor he liable fir damages xs a result of delays due to causes not reasonably foxsecalde which are beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or military authorities governmental priorities, fins, strikes, flood, epidemics. wars or ants provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time .when the Seiler first received knnwldge thereof. In the event of any such delay, the date cf delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wmmnt, that .11 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 intcndcd, and performed with the highest degree of care and competence in accordance with accepted standards for work of., similar nature. The Seller agrees in hold the purchaser harmless foran any loss, damage or expense which the Purchaser may suffer or incur on account of the Seller, breach of wamnty. The Seller shall replace, repair or make good. without cost to the purchaser. any defects tar faults arising a ithin one (1) yeor or within such longer period Of time as may he prescribed by law at by the terms ofany applicable warranty pmvided by the Seller after the date of acceptance of the gods furnished hereunder (acceptance nor to he unreasonably delaved). resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goal, by the Purchaser shall not constitute a waiver ofany claim under this estimate. Except as oihenelse provided in Ibis purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by file breach of any red the foregoing wamntics or cuamntees but such liability shall in no event include hues ofpmfits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal reps by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other thin legal term, including additions to or deletions form the quantities originally mnlered in the specificatinns or drawings, by verbal Or xeritten change ONcr. If any such change affects the amount due or the time ofperfomanec hereunder, 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 gourd., then not shipped, subject to any cquimble adjustment bcmcen the panics as in any work or materials then in progress pmvided that the Purchaser shall not be liable for any claim for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seiler with respect to any good which are the Sellers standard stock. No such tcmainat ion shall relieve the Purchaser or the Set let of any of their obligations as to any Ivnd,%del ivered he under. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be ascend within thirty (30) days from the date the change or termination is ordered. R. 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 are subject. The Seiler shall execute and deliver Sneh documents ins nay be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ire hereby incorpomicd herein by this reference. The Seller .green to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser is a result of the Seller, failure to comply with such Inc. 9. ASSIGNMENT. Neither party shall assign. transfer. or convey this order, tar any monies due or to become due hereunder without the prior written consent of the other piny. 10. TITLE. The Seiler wamits full, cicar and unrestricted tine to the Pnahaw, for all equipment, mmeria Is, and items Famished in perfoniancc of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of olhco. The Seller shall release the Purclaser and its contractors of any tier front all liahidily and claims of am mature recalling fmm the pcTfonnunce ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend In the directors. nRcers and employees ofsuch piny. The Seller's eo mictie l Ohligaliom, including warnmry, shell not be deemed to he reduecxl, in any way, because such work is perlemd or caused in he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to u.se any design, device, material or process ceverttl by lever. patent, trademark m copyright. the Seller shill indemnify ind save harmless the Purchaser from airy and all claims for infringement by reason of the use of such pmented design, device, material or pmecss in connection with the contract, and shall indemnify the Purchaser for anv cost. expense or damage which it nay be ohligcd to pay by reason of such infringement at any time during the prosecution cr alter the completion of the work. In cape said equipment, or any pan theren(or the intcndcd use of the goods, is in such sail held to constitute infringement and the use Of said equipment or pan is enjoined. the Seller shall, it its own expense and it its Option. either procure for the Purchaser the right to continue using said equipment Or pans, replace the ,mac with substantially equal but noninfringing equipment, Ormodify it sin it becomes amuinfringing. 15. INSOLVENCY. If the Seller shall been insolvent or hanknpt make on assignment for the benefit of emlitoo, appoint a receiver Or tootee for any of the Shccrs pmpcvy or business, this enter may forthwith be canceled by the Purchaser without liability. b. GOV FRNING LAW. The dcfinitinn, Of Icmaa used or the interpretation of the agreement and the rights olall parties hereunder shall be consumed under and govemcd by the laws of the State of Colorado, USA, The following Additional Conditions apply Only in cases olicie the Seiler is to perform work hereunder. including the scniccs of Shccrs Rcprescntitivcfs), nn the premises ofothems 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 ease of any accidcat, destruction or injury to the work and/or materials before Shccrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or crcetion by the Seller. the Seller shall receive, unload. ,lore and handle same at the site and hccomc responsible therefor as though such materials anchor equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compcnsation, including occupational disease benefits, to it, 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 xsnrk is to he done. The Seller shall also carry comprchcnsive general liability including, but Or limited to, contractual and rutomobile public liability, insurance with hdily injury and death limits of tat least S300.000 far any are person. S500.000 for any one accident and pmpcnv damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensaion and insurance. Before any of the Scllcr, or his contractors employees shall do um' work open the premises .lathers. the Seller shall furnish file Purchaser with . certificate that such compensation and insurance have been Provided. Such ecniticales shall specify the date when such compensation and insurance have been provided. Stich se- ifacales shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until aver the entire ,sort 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 kid Or ..lure whmsocvcr to persons or prnpeny caused by or resulting from the execution ofthe work pmvidd 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 ngninst any and all claims, losses, damages. charges at expenses, whether direct or indirect. and whether In persons or property to which the Purchaser may he put or suhest by reason of any act. action. neglects 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 pmec dings shall be bmuern against the Purchaser, or its oRcem. igeus Or cmplOyces many time on account Or by reason of any act. action, ncgleel, omission or defaults of the Seller ofany of his contractors or any of its or their omens, agents Or employees as aforesaid, the Seller hereby agrees In 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 igainst the Purchaser or any of its or their office", agents or employees in such suits or other pmecedingp, and in ease iudgmom or other lien be placed upon or obtained against the property of the Purchaser, or said parties in m is a result ofsuch snits or other proceedings, the Seller will at once cause the same to he dis,ohed and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaminns, banish in([ instill all guards necessary for the prevention of accidents. comply with all Imes and regulations with regard to safety including, hill submit limitation. the Occupational Safetyand Health Act of 1970 and all Odes and regulations issued pursuant ihercto. Revised 03/2010