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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9122521PURCHASE ORDER PO Number Page City OfCollins ��� 9122521 1 of 2 6rt Coll` I n �+ This number must appear J on all invoices, packing slips and labels. Date. 0413012012 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: 04/30/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Emergency Pipeline Repair Mobilization Hydro project 1 LOT EA 25,000.00 2 Emergency Pipeline Repair Mobilization Hydro project 1 LOT EA 25,000.00 3 Emergency Pipeline Repair Mobilization Hydro project 1 LOT EA 50,000.00 Total $100,000.00 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 I. COMNIERCIAL DETAILS. Tax exemptions. Ili, snhae the City of Fort Collins is exempt from state and local rates. Our Exception Number is 11. NON W AIVER. 98-01502, Federal Excise Tax Exemption Certificate of Registry 94-60 0587 is registered with life Callrefor of Entire ofthe Purchaser to insist upon strict perfornumce ofthe terms and conditions hereof. failure or delay to Iatemal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (o). exercise any rights or remedies provided herein or by Imr. failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goads hereunder or approval nfthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifieatiors, either when shipped or due to defect, of any of the wamnties or nblignumns of this purchase order and shall not be deemed a wat%or of any right of the damage in transit. may be rcmmed To you for credit and arc net to he replaced except upon receipt of written purchaser to insist upon strict perfomancc hercofor any of its rights or remedies m to anv such goods. mgardlecs instructions from the City of Fen Collins, of when shipped, received or accepted. as to any prior or subsequent default hcrnmder. nor shall any purported foal modification Or rescission of this purchase order by the Purchaser operate as a waiver of any of The terms Inspection. GOODS arc Subject to the City of Ton Collins inspection on fornal. hereof. Final Acccptancc. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNNI ENOF AN'I'il'RUST CLAI MS. authorized payment nit the pan of the City of Fort Collins. However. it is to be understood That FINAL. Scllcr and the Purchaser recognize that in actnnl economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact horne by the Purchase, Themm,rc, for good cause and as consideration for cxecnting this purchase order, the Seller hereby assigns to the Purchaser anv and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fort Collins. 700 Wood Sr. Fort Collins. CO 90522, unless acquired under federal or state animist laws for such overcharges rclaling to the pinicular 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 pursuant to this purchase arden bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance, Where manufichtrc¢ have distributing points in carious pans of The country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a time to he agreed upon by the expected from the nearest distribution point In domination. and excess freight will be dcdvcted fruit, Invoice when Parclmper 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 sank to be performed by the most expeditioos means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary peanuts. certificates and licenses required by all applicable laws, reguhama,, ordinances and mles of the state. municipality, minim, or political salxlisision where the work is performed. or required by any other duly constituted public authority having jurisdiction over the ..fork of vendor. Seller fitnher agrees to hold the City of Fort Collins hamdcss fmm and against all liability and loss incomed by them by reason of an asserted or established vinlation of any such laws, regulations, ordinances, fairs and requirements, Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete nuthority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acccptnncc to the terms and conditions stated herein set forth and any supplementary or additional tams and conditions annexed here, or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DFLIVERY. 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 fire time stated on the purchase order and the documents attached hereto. No nets of the Purchasrx including, without limitation, acceptance of pnnial late deliveries shall operate as a waiver of this provision. In the event crony delay. The Purchnscr shall have, in addition to other legal and equitable rcmci ics the option ofplacing this order elsewhere and holding the Seller liable ,r damages. However, the Seller shall not be liable for damages its a result of delays due to causes not reasonably foresecablc which arc beyond its reasonable control and without its fault of negligence. such act, of God. acts ofeivil for military authorities. governmental prinrities, fires, strikes. Hood, epidemics, wars to rinds provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of dhc time when the Seiler First received knowledge thereof. In the cvem of any such delay, the date of delnery shall be extended for the period equal to the time actually lost by reason of fife ]clay, 1_ WARRANTY. The Seller warrants that all goods, articles. materials and work covered by this order will conlbnn with applicable drawings, specifications, samples and/for other descriptions given, set]( be fit for the purposes intended, and perfumed with the highest deeme of cam and competence in accordance with accepted snndards for work of a similar nature The Seller agrees to hold the purchaser harmless fmm may loss, damage or expense which the Pumhascr may su Rer or incur on account of the Sellers breach of wamnty. The Scllct 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 ofnny applicable warranty provided by the Scllcr after the date of acceptance of the goods famished hereunder (,acceptance not to be unreasonably delayed), resulting from imperfect or defective work done for noderiak furnished by the Seller. Acceptance Or use of goods by the Pnrcln,scr shall not constitute a waiver ofany claim under this worm, my. Except as mhencise provided in this purchase order, the Sellers linbility hereunder shall extend to all damages proximately caused by the breach of any of the faregoing wamnoes for gumanum , but such liability shall in no event include loss ofpmfits or loss of use. NO INIPLIED WARRANTY OR NIERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. q. CHANCES IN LEGAL TERMS. The Pumhascr:ray make changes to legal tens by written change order. 1. CHANGES IN CONINIERCIAL TERNIS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions front the gminffic, crigimlly ordered in the specifications for drum ings. by scribal for written change order. If any such chance affects the amount due or the time ofpttfomanee 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 good then not shipped, subject to any cquinble adjustment between the panics as to any work or materials then in progress provided that The Purchnscr shall not be liable for any claims for anticipated profits on fife uncompleted portion of The goods and/or work, for incidental for consequential damages. and that no such ndiustnrent he made in fasor of the Seller with respect loony goods which ere the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any ofthcir obligations as to any goons delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment met t be ,asscned within thin- (30) days From the date the change or mmoomian is ordered. R. COMPLIANCE WITH LAW. The Scllcr ..at, that all goods old hcrcundcr shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc stbicel. The Scllcr shall execute and deliver such documents as maybe required to effect or evidence compliance. All imvs and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pumhascr harmless Form all costs and damages inflicted by the Purchnscr as a result of fife Sellers failure to comply with such law. 9. ASSIGNNIENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnty fulh clear and unrestricted title to the Purchaser for all equipment. ntmcria is, and items finished in performance of This agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofather,. The Seller shall redo.,, the Purchaser and its contractors of any her fmm all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in The weal of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including wamnty, shall not be deemed to he reduced. in any way, bocmtsc such work is perforated or caused to be perfornttxl by the Purchaser. 14. PA'I'EN'IS. Whenever the Seller is mquitcd to use any design, dcv ice, material or process covered he letter. patent trademark for copyright- the Seiler shall indemnify and saws. hamdcss 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 of such infringement at any time during the prosecution or filer the completion of the cork. In case said equipment, or any part thereof or the intended use of the goods. is in such suit held to constitute infringement and dhc use of said equipmcur or part is enjoined, the Seller shill, at it, own expense and at its option; either procure for the Purchnscr the right To continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfr egine. 15. INSOLVENCY. If fife Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order cony fonhwilh he canceled by life Purchnscr without liability. 16. GOVERNING LAW, The definitions of terms used for the integrretmion ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in eases where the Seiler is to perform work hereunder, including the services of Sellers Repmsentative(s), on the premises ofolhers. 17. SELLERS RESPONSIBILI'I-Y. The Scllcr shall entry on said ss rok at Seller's own risk until the ,same is folly completed and accepted, and shall. in case of any accidcul, dcstruction or injury fit the ssark and/or manuals before Seller's final completion and .acceptance, complete the sink at Scllcr's 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, unlond, store and handle same m 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, at his men expense provide far the payment of svorktam eompeas lion, including ocnipanional disease benefits. to it, mnployees cnnplayoff on or in connection with the work covered by this purchase order, and/for to their dependents in accordance with the laws of the state in which the work is to he done. The Scllcr shall also carry comprehensive general linbiliry including but ,of limited to. cantrnetual and automobile public linhility insurance .with ho,ily injury and death limits of at ]cast S300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S30g000. The Seiler shall likewise require his contractors, if any, to preside rot such compensation and insuranec. Before any of the Sellers or his contractors employee shall do coy work upon the promises ofnthcrs. the Seller shall furnish the Purchaser with a eertificme that such compensation and insurance have been provided, Such eenificams shall specify the date when such conmci aition and insurance have been pmvidcd. Such ecnitieates shall specify the date when such compensation and insurance expires. The Scllcr agrees that Such compensation and insurance shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunneS the entire responsibility, and liability for any and all damage. loss or injury ofnny kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase orderor in connection herewith. The Seiler will indemnify and hold harmless the Purchaser and any for rdl of the Purchasers officers. agents and employees From and against any and all claims losses. damages, charges or expenses, whether direct or indirect, anti whether to persons or property to which the Purchaser env he put or subject by reason of any act, action. neglect omission or default on the part of the Seller, anv of his contractors, or any of the Sellers or contmetots Ofliccrs, agents for en,p]oy'ccs. In case any suit for other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account Or by reason of any act, action. neglect, omission or default of the Seller ofnny of his contractors or any of its or their officers, agents or employees as aforesaid. the Scller 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 of any of its or ]heir officers. agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against he put of the Purchaser, or said panics in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissohcd and discharged by giving bond or Otherwise. The Seller and his contractors shall lake all safety precautions, furnish rand install all guards necessary for the prevention of mculens, eompiv with all Imes and regulations with regard to safety including but without limitation. the Occupational Safety and Ilcnhh Act of 19]0 and all odes and regulations issued pursuant thereto. Revised 03/2010