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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9123268City OfPURCHASE ORDER PO Number Page ///��� 9123268 t of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 06/06/2012 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: 06/06/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price LaPorte Ave. Valves W.O. 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 Total Invoice Address: 296,461.00 1.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order TcnTS; and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Finn Collins is exempt Tom state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Stannes 1973. Chapter 39-26, 114 (a). Gads Rejected. GOODS REJECTED due to failure to meet specifications. either whin shipped or due to defects of damage in transit, may be reamed to you for credit and arc not to he replaced except upon receipt of is rinca instructions font the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser In insist upon strict perfomance of the terms and conditions hereof. Failure 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 acceptance ofor payment for goads hereunder or approval ofthe design, shall not release the Seller of any of the sramntics or Obligations of this purchase Order and shall not be deemed a w'oivcr 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. not shall any purported nml reed ificm inn or rescission 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. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the part 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 defender upon completion ofall applicable required inspection pmccdures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns in the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Tom Collins 700 Wood St.. Fort Collins CO 80522_. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If pcmtission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase under. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by m date to be agreed upon by the expected Two the meanest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thercafier indicates its inability or unwillingness to comply. the Purchaser shipments arc made facing greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall En cure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory ar political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of yeadnr. Seller further 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 violation of any such lows, regulations, ordinances, rules and requirements. Authorizmlon. All patties to this contract agree that the representatives are. in fact. bona fide and possess hull and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by tefcrcnce. Any additional or different Isms and conditions proposed by seller arc objected to and herchy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you promised delivery date as noted. Time is of the essence. Delivery and perfomancc must be effected within the time stated on the purchase under and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing 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 withm t its fault of negligence. such acts of Gud. acts ofeivil or military authorities. gowemmental priorities, Gres, strikes, food, epidemics. wars or riots 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 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 good, articles, materials and work covered by this order will conform With applicable drawings, specifications, samples andfor other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Scllcr 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 toms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfcet Or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall nun constitute a waiver ofany claim tinder this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmsimately caused by the breach of any of the foregoing wamntics or guamnmcs, but such liability shall in no event include loss of profits inn 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 rams, other than legal Isms, 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 ofperfomance 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 galls then not shipped, subject to any equitable adjustment between the parties as to any work or 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 and/or work, for incidental or consequential damages, and that no such ndjustmeat be made in favor of the Seller with respect to any good which are the Sellen snndnrd stock. No such tcminntion shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thirty (30) days fmm the date the change or tcminntion is colorist. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been pmduecd, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such donuments ms may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby inairponied herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. 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 potty. 10. TITLE. The Seiler warrants full, dear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens. restrictions, reservations, security interest encumbnnccs and claims of others. The Seller shall release the Nichascr and its contractors of any tier form all liability and claims of any nature resulting from the perfnmanec ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers mmd employees of such party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reducal, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or princess covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save hamless 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 nr damage which it may be obliged to pay by reason ofsuch infringement at cony time during the prosecution or after 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 slid equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it sin it becomes noninfringing. 15. INSOLVENCY. If the Seller shall been...: insolvent or bankrupt, make an assignment for the bencft of creditors, appoint a receiver or trustee for any of the Sellers property or business. this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcons used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be comount under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services Of Scllcrs Rcpmwmodivc(s), on the premises of Others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in east of any accident, destination or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's on expense and to the satisfaction oflhe Purchaser. When materials and equipment arc famished by others for installation or erection by the Seiler, the Seller shall receive, unload. store and handle same at the site and Wenmc responsible thcmfor as though such materials and/or equipment were being furnished by the Seller under the motor. 18. INSURANCE. The Seller sholi, at his own expense. pmvide 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 Incas of the state 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 limit of at (cast S300,000 for any one person, S500,000 for any one accident and pmpcny, damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insumncc. Before any of the S<Iles at his contractors employees shall do any Work upon the premises ofmhers, the Seller shall fbrnish the Pmclagwr With a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such enmpcnsation 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 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. Ions Or injury fany kind or nature whatsoever to persons or mTWOy caused by or resulting fmm the execution of the work provided for in this purchase Order or in connection herewith. The Seller will indemnify and bold harmless the Purchaser and any or all of the Purehnxcrs officers, agents and employees from and against any and all claims, losses, damages ehnrgos or expenses whether direct or indirect. and whether to persons or property to Which the Purchaser may be put or subject by reason of any act. action. neglect. omission or default on the pan Of the Seller, any of his contractors, or any of the Sellers or contractors oRcers, agents or employees. In case any suit or other proceedings shall be bmight against the Parchas<q 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 of any of his contractors or any of its or their ot6ccm. agents or employees as aforesaid, the Scllcr hereby agrees to assume the defense thereof and to defend the smme al the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses. any and all judgments that may be incumd by or obtained against the Purchaser or any of its or their oRcers. 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, or said panics in or as a result of such suits or other proceedings. the Scllcr 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 precamions, furnish and install roll guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and all miles and regulations issued pursuant thereto. Revised 03/2010