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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9122900City of �Foorrt Collins Date: 05/18/2012 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS Colorado 80524-2505 PO Number Page 9122900 1012 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: 05/18/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price T5-T6 Channel Improvements 1 LOT EA 177,080.00 #H-WTF-2012-2 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Total Invoice Address: $177,080.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page, 2 of 2 I. COMMERCIAL DETAILS. Tis exemptions. By stamtc the City of Fort Collin is exempt fmm state and local taxes. Our Exemption Number is 11 NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 54-6(M557 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 30-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for grads hereunder or approval of the design, shall not release the Sellcrof Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not he dmmcd a waiver of any right of the damage in transit, may be rctumed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance herrefor any ofits rights or remedies as to aqv sitch goods. regandlits, instruction., from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hcremder. nor shall any parported oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the toms Inspection. GOODS arc ntbjmt 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 12, ASSIGNMENT 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 pmeedums. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase under, the Seller hereby assigns to the Purchaser any and all claims it may now have or ormancr Freight Terms. Shipments must be F,OLL. City of Fort Collins, 7W Wood St., Fort Collins. CO 90522. unless acquired tinder fedemI or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemuisxion 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. Shipment Distance. Where manuf curers have distributing points in various parts of the country, shipment is expected fmm the rearrest 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 pcmits. certificates and licenses required by all applicable laws, regulations, ordinances and mlcs of the state, municipality, mot 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 firnher agrees to hold the City of Fon Collins hamlcss from and against all liability and loss incurred by them by reason of in asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this concoct agree that the representatives am, in fact, bona fide and possess fill and complete authority to bind mid parties. LIMITATION OF TERMS. This Purchase Order cxp x ly 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 sellerare objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inuwediricly if you cannot make complete ship nmart to arrive on yen, promised delivery dote as noted. Time is of the essence. Dclivm and performance must be etTected within the time stated on the purchase order and the documents attached hest.. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 foresecable which arc beyond its reasonable eoutml and without its fault of negligence. such acts of God, acts ofcivil or military mnhoritics governmental priontics, fires, wakes, nand, epidemics was or riot pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (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 ofthe 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 Inflamed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seiler agrees to hold the purchaser harmless fmm any loss, damage or expense which the Pumhaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, withmn 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 Iry or by the terms ofany applicable warranty provided by the Seiler a0er the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wrmnry. Exccpt as otherwise pmvidcd in this purchnm order, the Scllcr liability hereunder shall cstcnd to all damages proximmcly caused by the breach of any of the foregoing wamntics art guamntecs, but such liability shall in no evcat include loss 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal toms, including additions to or deletions from 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 perfomance 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 art all Portions of the goods then not shipped, subject to any equitable adjustment between the Panics as to any work or materials then in progress prided that the Purchaser shall at be liable for any claims 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 gua& which are the Sellers standard stock. No such termination shall retiree the Puchaser or the Seller of any ofthcir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be rsscrtcd within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Scllcr warrants that all foods sold here under 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 effector 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 hemiles Form all crisis and damages suffered by the Purchaser is 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 hereunder without the prior wrtten consent of the other party. 10. TITLE. The Seller womnts fide clear and unrestricted title to the Purchaser for all equipment, materials, and items fomished in performance of this agreement free and clear of any and all liens. restrictions, rescr,mims, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchnxcr rod the Scllcr, and the Seller thereafter indicates it, inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay ill casts associated with such work. The Seiler shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. affccrs oral employees ofsuch parry. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfmmted 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 humless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, de, ox, material or preccs s 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 anct the completion of the work. In case said equipment or any pan 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 cnjnincd. the Seller shall, at its own expense and at its option, either procure for the Puchnscr the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment or madify it so it becomes nnninfringing. I5. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver art Imstee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of teats used or the interpretation ofthc agreement and the rights of all parties hereunder shall be cm, mcd under and governed by the laws ofthe Slate of Coomdo. USA. The following Additional Conditions apply Orly in cases where the Seiler is to perfom work hereunder. including the services of Scllcrs Repmsentalive(s), on the premises of utlets. 17. SELLERS RESPONSIBILITY, I'he Seller shall carry on said work at Seller's own risk until the some is fully completed and accepted. and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment am furnished by others for installation or oration by the Scller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such ante ials andfor equipment were being furnished by the Seller tinder the order. 19. INSURANCE. The Seller shall, at his own expense, Pon ide 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 accordance with the Imes of the .gate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300.000 for any one person. S500,(N)0 for any one accident and property damage limit per aeeidcm of S400,000, The Seller shall likewise require his contractors, if any, to pmvide for such compensation and insurance. Before any of the Scllcrs or his contractors employee shall do any cork upon the premises ofethers, the Seller shall furnish the Purchaser with a senificute that such compensation and insurance have been pmvidcd. Stich ccnifirntcs 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 Seiler agrees that such compensation and insurance shall he maintained until ancr 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 ofanv kind or nature whntsoewcr to persons or property caused by or resulting From the execution of the work Pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and env or all of the Purchasers officers, agents and employees from and against any and till claims, losses, damages, charges or expenses. whether direct or indirect, and whether to persons or property In which the Purchaser may he put or subject by reason of any net action, neglect omission or default on the pan of the Seller. any of his contractors. or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other proceedings shall be hmught against the Purchaser. or its oficem. agents or employees at any time on account or by reason of any act. action, neglect omission or default of the Scllcr of any of his con",ctors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs charges, loo meys fees and other expenses. any and all judgmenn 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 pmceedingm and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to he die olved 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 accidents, comply with all lases and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all talcs and regulations issued pursuant thereto. Revised 01/2010