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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9123599City of Fort Collins Date: 06/18/2012 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC. 301 E LINCOLN AVE FORT COLLINS Colorado 80524-2505 PO Number Page 9123599 1of2 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: 06/18/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Pothole 20"Pipe-LaPorte C3. Oi'U:sQ �L 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: 14,843.00 4,843.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By starts the City of Fen Collins is exempt from state mad local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchascr to insist upon strict performance of the toms and conditions hereof. failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or mraci ics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofur payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet speeifueatio s, citha when shipped Or due to defects of any of the warranties or obligations of this purchase order and shall not be dormed a waiver of any right of the damage in transit. may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist open strict performance hereof or any of its rights Or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purported coal modification or rescission of this purchase oiler by the Purchascr opemtc as a waiver ofany of the terms Inspection. GOODS are subject to the City of Fen 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. nvcmharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchascr. Theretofore. for grind cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchascr any and all claims it nine new have or hereafter Fright Terns. Shipments must be F.O.B., City of Fen Collins. 700 Wood St.. Fen Collins, CO 80522, unless acquired under fcderril Or state antitrust laws for such overcharges relating to the particular 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 order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufiwhocis have distributing points in various pans of the country, shipment is If the Purchascr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made farm groaner 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. Portraits, Seller shall procure at sellers sole cost all necessary permits, certificates and liccrtes required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision "hem the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sc11m further agrees to hMd the City of Fen Collins harmless from and against all liability and loss inntrred by them by reason of an nssencol or established violation of any such laws, regulations, ordinances. mles and requirements. Authorization. All parties to this contract agree that the representatives are. in fact. bona fide and possess fall and complete authority to bird said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fonh and mv, supplementary or additional tcmw and conditions annexed hereto or incorporated herein by reference. Any additional or different lemurs mad conditions pmpesed by seller om objected rated hereby rejected. '_. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date us noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitarion, acceptance of partial late deliveries, shall operate as a waiver Of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rcmedia, the option of placing this order clsnvhcm and holding the Scllcr liable for damages. Hmsxner. the Seller shall not be liable for damages as a result of delays due to causes act reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God inns of civil or military authorities. governmental priori tics, fires, strikes, food, epidemics, was or riots prided that notice of the conditions causing such delay is given to the Pumhascr within five (5) days of the time when the Seller Bost received knowledge thereof. In the event of any such delay, the date of delivery shall he extended for the perial equal lathe time actually lost by reason of the delay. 3. WARRANTY. The Scllcr warrants that all goods, articles, materials and work covered by this Order will Confirm, with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and pafom,N with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any less, damage or expense which the Purchascr may suffer or incur on account of the Scllcrs broach of wamnty. The Scllcr shall repince, repair ro make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe pmeoribedby law or by the terms ofany applicable wamnty provided by the Sol ter after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchascr shall not constione a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing semantics or guarantees. but such liability shall in no event include loss of profits m loss of us. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the term, other than legal forms, including additions to or deletions fmm 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 ofpaformance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchascr may at any time by written change order, terminate this agreement as In any or all portions of the gads then no, shipped, subject to any equitable adjustment between the panics as to any work on materials then in porgoss provided that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchascr or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assMed within thirty (30) days From the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all goats 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 Seller shall execute and deliver such documents as may be required to cffcct or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incogvmted herein by this reference. The Seller agrees to indemnify and hold the Purchascr hemiless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party, shall assign, transfer, or convey this order. many monies due or to become dire hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in perfomtancc of this agreement, free and clear of any and all liens, resrcictions, reservations, security interest encumbrances and claims 0f others. The Seller shall mlcasc the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the pedbmuance of such work. This release shall apply even in the event of fault of ncgl igcnee of the parry referred and shall extend to the it moors, olBccrs and cm ployces of such party. The Seller's contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such wark is perfomed or caused to be performed by the Purchascr. 14. PATENTS. Micnever the Seller is required to use nay design, device, material or process covered by letter, patent. trademark or copyright. the Seller shall indemnify and save harmless the Purchascr 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 alter the completion of the work. In ease said cquipmcnt, 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 Purchascr the right to continue using mid equipment or pans, replace the c me with substantially equal but noninfringing equipmenl, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall hanmc insolvent or hankrapt make an assignment for the benefit of creditors, appoint a moo later or trustee for any of the Sellers pmperty or business, this order may forthwith he canceled by the Purchascr without liability. Ib. GOVERNING LAW. The deGnitinns nftemw used nr the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthc State of Calomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprccntntivc(sf on the premises ofolhers. 17. SELLERS RESPONSIBILITY. The Scllcr shall tarty on said work at Sellers own risk until the same is fully completed and accepted. and shall. in case ofany accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchascr. When materials and equipment are famished by others for installation or erection by the Scllcr, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment aeriebeing furnished by the Seller under the order. 18. 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 covcrM by this purchase order. ail/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and death limit of at least S300,000 for any one prison, S500.000 for any one accident wad 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 nny work upon due pmnm i..es of others, the Seller shall famish the Purchascr with a eenificzte that such compensmina and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall speci fy the dam when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until inner 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 ofany kind Or nature whatsaecr to persons or properly caused by or resulting From the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmlcs the Pumhascr and any of all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages. charges Or expenses whether direct or indirect, and whether to persons ar property to which fix Parchucr may be put or subject by reason of any act, action, neglect omission or default an the pan of the Seller. any of his contactors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. Or its offmcn. agents or employee, at any time on account or by reason rif any act, action, neglect omissioncontractors or default of the Seller of any of his conctors 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 omn expense, to pay any and all costs, charger, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their nfftcers, agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty of the Pumhascr, err said parties in or as a result ofsach suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his conmcnrs shall take all safety pmcauliups, furnish and install all guads necessaty 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 Cola and regulations issued pursuant thereto. Revised 03/2010