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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9122182Fort Collins Date: 04/16/2012 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS Colorado 80524-2505 PO Number Page 9122182 ' of 2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/16/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I WTF 2012 Misc. Improvements H-WTF-2012-1 C3. O✓la.�s2� 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 183,049.00 Total 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 I. COML MERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-0,502, Fedcml Excise Tax Exemption Certificate of Registry 94-6000557 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be mu med to you for credit and arc not to be replaced except upon receipt of written instructions fmm the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failnrc or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the accepnnce of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a w;aivcr of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am1 mndifiention or reseic ion of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on 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. vinhoions are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller herchy assigns to the Purchaser any and all claims it may now have or hereafter Freight Tcmn. Shipments must be F.O.E., City of Fort Collins. 700 Wood St.. Fort Collins CO 80522, unless acquired under federal or state antitrust loses for such overcharges relating to the particular good or services otherwise specified on this wader. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 11. 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 be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all crisis associated with such work. Permits Seller shall pmeure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and miss of the state. municipality, territory or political suMlivision where the work is perfommed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller f nfl cr agrees to hold the City of Fort Collins hamlet from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, n des and requirements. Authorization. All panics to this contract agree that the mpmacnmtives arc, in fact. bona fide and possess full and complete .,,theory to bind said panics. 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 are 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 of the essence. Deliver and performance must be effected within the time stated on the purchase order and the docomems attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate ms a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of Gad, acts ofcivil or military authorities, governmental priorities, fires. strikes Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within frc (5) days of the time when the Seller first received 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, anicles, 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 ore and compctencc in accordance with accepted standards for work of a similar nature. The Seller agrees 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 wamnty. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable a'ananry pmeided by the Seller after the date of acceptance of the good furnished hereunder (acceptance not to be unmaswnahly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of grads 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 proximately caused by the breach office of the foregoing wcounties or guamntces. but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Pamhasser may make any changes to the tells. other than legal terms, including additions to or deletions from the quantities originally ordered in the specimeminrt or drawings, by ventral of rrinen change order. [troy inch change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. 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 adjustment between the panics as to any work in materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andfor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grads which are the Scllcrs standard stock. No such termination shall relieve the Purchaser car the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Tom the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and fistaklatd in strict compliance with all applicable laws and regulations to which the goods arc subject, l'he 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hapless Tom all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due heramder without the prior written consent of the other party. 10. TITLE. The Seller will, ins full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in rerfommnee of this agreement face and clear of any and all liens, restrictions, reservations, ,security interest encumbrances and claims ofethers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officersand employees ofsuch party. The Sellers contractual obligations, including warmary, shall not be deemed to be reduced. in any way. because such work is performed or caused to be perfamed by the Purchase, 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 sere, 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 Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In eau said equipment. or any pan thereof or the intended use of the goods, is in such snit 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 pmeure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but tmninfriaging equipment or modify it so it becomes aoninfringing. 15. INSOLVENCY. If the Seller skull become insolvent or bankmnt, rake an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions wf terms used or the interpretation ol'the agreement and the rights ofall panics hereunder shall be construed under and governed by the lams of the State of Colomdo, USA. The following Additional Conditions apply only in taus where the Seller is to Perform work hereunder, including the services of Scllcrs Rep esemalive(s), on the premises of othcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on 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 Seller's feral completion and acceptance, complete the work at Scllcrs own expense end to the satisfaction of the Purchaser When materials and equipment an famished by others for installation or erection by the Scllcr. the Scllcr shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andfor equipment were being furnished by the Seller under the order. IR. 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. andfor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also eery eomprchensive general liability including, but not limited to, contractor] and automobile public liability insurance with bodily injury and death limits of m least $300.000 for any one Person. S504IX10 for any one accident and property damage 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 tiny work upon the premises ofmhers, the Seller shall furnish the Parehawr with a ccnifisnte 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 Seller agrees that such compensation and insurance shall be maintained until aficr the entire work is complcted 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 ofuav kind or native whatsoever to persons or property caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold Intrudes., the Purchaser and any or all of the Purchasers oftiem., agents and employees from and against any and all claims, losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumhaur may be put or subject by reason of any act, action. neglect omission at default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit of other proceedings skull be brought against the Purchaser. or its officers, agents or employees at pry time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors many of its or their effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs 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 suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. car mid 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 enntractors shall take fill safety precautions, furnish and install all guards necessary fie the prevention of accidents, comply with all laws and regulations with regard to safety including, hot without limitation. the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto. Revised 03/2010