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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9117548City of Frt Collins Date: 02/19/2013 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS Colorado 80524-2505 PO Number Page 9117548 1ef2 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: 12/21/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price s Network Fiber Installation C.O.#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 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: -4,027.70 -$4,027.70 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'femis and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By statute the City of Fun Collins is exempt from state and local Taxes. Our Exemption Number is 98-134502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Infernal Revenue, Demur, Colorado (Ref. Colorado Revised Scans 1973, Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for con it and are not to he replaced except upon receipt of written tremendous from me City of Pon Cullum. Inspection. GOODS as subject to the City of I'on Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in pa puree to this order con result in authorized payment on the Wn of the City of Too Collins. However, it is to b, understood Thai FINAL ACCEPTANCE is dependent upon ex mple ion of all applicable required inspection procedures. Freight Terms. Shipments must be TOM., City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless othewis, specified on This order. If permission is given to prepay freight and charge separately. The original freight bill must accompany amoice. Additiovl charges for packing will not be, accepted. Shipment Distance WTere manufacturers have distributing points in various parts of the country, shipment is expected farm the nearest distribution point to destination, and excess freight will he deducted frvm Invoice when shipments as made from grema distance. Permits. Seller shall procure or sellers sole cost all necessary Pemti., certificates and licenses rquired by all applicable laws, regulations, ordinances and tales of the gene, municipality, temlory or political subdivision where The work is performed, or required by any other duly consti pled public authority having jurisdiction over the work of vendor. Seller funkier agrees to M1UW the City of I'on Collins harmless from and against all liability and loss ernerred by them by reason of an asserted or established violation of any such laws, regularions, ordinances, tales requirements. Authorization. An parties In this contract agree that the representatives are, in fact, from fide and possess fun and omplete suffers, abind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance In the tams and conditions stated bacin set forth and any supplementary, err additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different trial and andinions pmnasrd by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT ammnlimely if you ennnoi make complete shipment to arrive on your promised delivery, dine as ruled.'1 ma is of the essence. Deliveryand performance must be effected within the time stated on the purchase aide, and the doctnnenls mhmhed hereto. No oats of the Purchasers including, without limitation, acceptance of partial lute deliveries, shall anyone as a waiver of this provision, In the event of any delay, the Purchaser abull have, is addition to .,her regal and equitable remedies, the option or placing this order elsewhere and holding the Seller liable for dumiges. Ilowever, the Seller shall not be liable Far damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, 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 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 actual ly lost by reason of the delay. 3. WARRANTY. The Seller warrants real all goods, articles, materials and work covered by this order will conform with applicable drawings, speci eatioe. samples radical other descriptions given, will be lit for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the se Purchar may sufferer incur on account of the Sellers breach informal The Seller shall replace, repair or make good, without cost b the purchaser, any defects or faults arising within one (1) year or within such longer period of time is, may Ire prescribed by law or by the tams of any applicable warrm y provided by the Seller after the dace of acceptance of the goods f ished hereunder (acceptance not to l e unreasonably delayed), a el ing from imperfect or defective work dune or materials fumashed by the Seller. Acceptance or use of goods by the Purchaser shall era constitute a waiver of any claim under this warranty. Starlit in otherwise provided in this purchase order, the Sellers liability hereuawr shall extent m all damages proximately caused by Be breach of say of the foregoing come nnes or gumences, but such liabilip shall in no event include loss ofpmfts 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 Pushmer may make any changes to the tams, other Than legal firms, including adi irimu to or deletions fmm the quantities originally ordered in the Wceifemiore or drawings, by cabal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjummenr shall be made. 6. TERMINATIONS. The Prrchaer Truly at any time by written change order, temrinale this agreement as many or all portims of the goods then not shipped, subject a any gaitable adjustment between the panics as many work or materials new in progress provided that the Purchsser shall not be liable for any claims for anticipated profits on the mcomplard ,onion of the goods and/or work, far incidental at anew,r emial damages, and real no such adjustment be made in favor of the Seller with respect o any goods which arc the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller afany of their obligations unto any goods delivered hereunder. 9. CLAIMS FOR ADJ US I'M ENT. Any claim for adjustment must be mumcd within thirty (30) days from the date the change te renmmnon is omered. 8. COMPLIANCE WI I H LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and fnn,lshed in strict compliance with all applicable Lom and negotiation, hr which doe Soaas are s,,bj,,f. The Seller shall execute and deliver such docoments as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. Elie Seller agrees to indemnify and hold the Purchaser hairless front 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, or any monies due or to become due hereunder without the ,nor written cn wart of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and films famished in Performance of this agreement. Gee and clear of any and all lieu, resmctions, resemtiore, security interest encumbrances and claims ofolhcrs. II.NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to y rights or remedies provided herein or by law, failure to promptly purify the Seller in the event of a breach�my acceptance afar 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 waiver of any right of the Interaction 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 defart hereunder, nor shall any purported am] modification or rescission of this purchaw order by the Pufclmsa operate as a waiver of any of the rams hereof. 12. ASSIGNMENT OF AM [TRUST CLAIMS. Seller and The Furchreer recognize that in actual economic practice, overcharges Teselling from antitrust viola0oas are To fact home by the Purchaser. lheamfoa, for and cause and as consideration for executing this purchase order, the Seller hereby assign to The Purchaser any and all claims it may now have or hereafter acquired under federal or sure anfim6t laws for such overcharges relating to The particular goods or services purchased or acquired by the PureM1aar pursuant to this porch order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser, and the Seller, and the Seller rhereaner indicates its inability or unwillingness as comply. The Purchaser may cause the work to be performed by the most expeditious mans available to i,, and The Seller sbull pay all cos. ass unimdl with such work. The Seller shall release the Purchaser and its contrzemrs of any tier firm all liability and claims of any nature resulting firm the performance ofsuch work. This release shall apply even in he event of fault of negligence of the parry released and shall extend m the dircrmq afters and employees of such any. "a Sellers ronmrand obligations, including warmnry, shall nut be deemed in b, reduced, to any waybecause such work is performed or caused to be performed by the Purchase. 14, PATENT S. Whenever the Seller is required to use any design, device, malarial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hornless the Purchaser from any and all claims for infringemem by reason of the use of such rumored design, device, manurial or bull is connection with the rearmm, and shal I indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement at any time during the priswution,, after the conl,ifo n of the work. In case said mi imal or any pan rancor err the pleaded use of The Sods, is in such suit held To constitute infringement and the use of said sc m, mard or part is enjoined, the Seller shall, at its own expense and a, its option, either pmeute for the Purchaser the right to continue using said equipment or perm', curial the same with substantially equal but neninfnging equipment, or modiry it so it becomes naninl'riaging. 15. INSOLVENCY. If The Seller shall become bill or bankrupt, make an assignment for the better, of accosts, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purcho er without liability. 16, GOVERNING LAW. The definitions of tama used a the intapreetion of the agrecmenl and the rights of all Ranier hereunder shall be constated under and governed by the laws of the Sure ofColamdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenetive(s), on the premises artifacts. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sella's awn risk until the same is fully compleed and asserted, and shall, in au of any accident, destrvction or injury to the work and/or materials bc(an, Sellers fool completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Practical When moral and goipmem are famished by others for innalin ion to creation by The Seller The Seller shall receive, unload store and handle same an The site and become parties blc therefor as Though such materials major equipment were being f fished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own ea,., provide far the payment of workers comperwtim. including parricidal disease benefits, an its employees employed on or in connWrion with the work covered by this purchase order, anal as their dependents in accordance with the laws of the se¢ in which the work is ne be done. The Seller shall also carry comprehensive general liability including, but not limited to, command and automobile public boddity larva a with bodily injury and death limits of at lent S300,000 for any one person, S500,000 far any one accident and property damage limit per accident of S,tWjWO. Thc Seller shall likewise formal his contractors, if any, to provide for such compawtion and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premiss of others, the Seller shall Pomish the Purchaser with a certificate That such compensation and insurrinse, have been provided. Such cenit3mrn shall specify the date when such compensation and insurance have been provided. Such cenircales 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 asserted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and hard iry for any and all damage, lass o, injury of any kind or metre whatsoever to persons or property caused by or rauring front the execution of the work provided far in this purchase order or in connection herewith. The Seller will indemni ry and hold harmless the Purchaser and any cr all of ,he Pumhasms officers, agents sad andayca fma, and against any pad all claims, losses, damages, harges or expenses, whmhe, day. or indirect, all whether to persons or proper, to which the Purchaser may be pm or subjm, by reason of :my or,, action, neglect, omission or default on the pan of the Seller, any of his contmnma or any of the Sellers or courra,lical onicas, Wants or emnlT,aax. In case any soh or other proceedings shall be brought against the Purchases, or its onions, agent%or employees at any time on account or by real of any arc, actin, regl-L emission a, default of the Seue, of any of his c serf iron, a, any oft,, or that, officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers awn expense, in pay any and al I 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 lam be placed upon or .brined against the property of the Pumhuen ar said ponies in ar for a per, ofsuch soars or oche, proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and has contractors shall take all safety precautions, famish and install all gmrds necessary for the prevention of incidents, comply with all laws and regulations with regard to safety including, but without limiation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant theme. Revised 03I2010