Loading...
HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9141895Fort Collins PURCHASE ORDER Date: 04/04/2014 Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 PO Number Page 9141895 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 CO 80521 Delivery Date: 04/03/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price GRANDVIEW AVE VALVES -PHASE I 1 LOT LS 276,502.00 WO # HCO0114 4r�j""�I City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $5000 unless signed by Gerry S. Paul 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax aemtations. By statute the City of Fort Collins is exempt f stale and local taxes. Our Exemption Number is It. NON WAIVER. 98-04501. Federal Excise Tax Exemption Cmificam of Registry M-6000587 is registered with the Colledm of Failure Office Purchaser 1. insat upon strict performance of the peas and roMon. hercaL failure or delay to Internal Rev.. Denver, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26,114 (a), exerelss any rights or remedies Provided Fact®r or by law, failure On promptly ratify the Seller or the event of a breach, the acceptance ofm payment for good hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall ran be doomed a waiver of any right of the damage in import, may be returned to you for credit and art not to be replaced except upon marina of written puralmom, to insist upon stria eactions. hereof m any of its rights or remedies as. any such good, regardless instructions from the City affront Collins. of when shipped, received or acmpted, as to any prior or subsequent default hemmder, nor shall any pttryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the forms Inspection. GOODS art subject to the City of Fort Collins inspection oa arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in mi,.a to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the an of the City of Too 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 cmr,lefrm of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretomm, for goad ease and as consideration for executing this purchase order, the Seller bereby assigns to the Purchaser any and all claims it may now have or hereal r Freight Terms. Shipments most be FOB., City of Fan Collins, 1PJ Wood St, Too Collins, CO 80522, unless acquired under federal a, .to antiwst laws for such overcharges relating to the particular goods or services mherwise specifed oa this order. Bpermission 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. 11. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various poM1s of the country, shipment is If he Purchaser directs the Seller to correct nonconforming or defective goods by a date to Is, agreed upon by the expected from the poorest distribution Wim to destration, and excess freight will be dedumed from Invoice when Purchaser and the Seller, and the Seller cherceRar indicates its inability or unwillingness to comply, the Purchaser shipments aR made from greater durance. may cause the work to No pert d by the most expeditious mean mailable to it, and the Seller shall pay all corn assoaiatd with such work. Pormis. Seller shift procure At sellers sole coal all necessary permits, oonifirres and lim. requited by all applicable laws, ca lioloas, ordinances and takes of the state, municipality, territory or political subdivision where the work is Performed, or required by any other duly co plcated public authority having jurisdiction over the work of vendor. Seller harbor agrees to hold the City of Fact Collins harmless from end epairs, all liability and loss incurred by them by reason of an asserted or established violation Offaly such laws, regulations, ordinances, ales .it requirements. Authorization. All ponies to this contmd agma that the representatives art, in fact, bona fide and possess full and complete amhority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions mussel hereto or incorporated herein by reference. Any additional or different room and conditions proposed by seller are objected to and hereby rejected, 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyau cannot make complete shipment to naive on your promised delivery die as noted Time is of the essence. Delivery and performance coma be effected within the time sited an the picam. order and the documents starched here.. No nets of the Purchaers including, with., limitation, acceptance of Wrtial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and yui.bla toadies, the onnitsn of placing this polar elsewhere and holding the Seller liable for damages. However, the Seller shall rat be liable for damages as a result o'delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts fGod, acts ofcivit or military authorities, govemmacul priorities, fires, strikes, Hood, epidemic, wars or no. provided that notice of the cmditons causing such delay u given to the Foochow, within five (5) days of the time when the Seller first received knowledge the vf. In the event of any such delay, the date of delivery shall be extended for the peril equal. be time normally lost by reason of the delay. B. WARRANTY. The Seller warrants but all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perforated with the highest degree of care and competence in mcoNance with emaciated] standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on accowt ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or falls; arising within one (1) year or within such longer period of time as may be presented by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the pods Emit hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fcaushd by the Seller. Acceptance or use of goods by the purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase orde, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties ar or 6uamever include but such limility shall in no evinclude loss of proths or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purehuer toy make changes to legal to. by wimen change rder. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make ar, Aoorim to the terms, otMr than legal camas, including additions to m 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 ofperfomunce hereunder, an equitable djusament shall be made. 6. TERMINATIONS. The Purchaser may at spy time by written change order, terminate this agreement as to any or all portions of the goads than not shipped, subject o any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the muompletd portion ofthe goods major work, for incidental or consequential damages. and that no such adjustment he made in favor of the Seller with reaped. my goods which arc the Sellers standard snick. No such termination shall relieve the Purchaser or file Seller of any oftheir obligations as m any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the data the change or nomination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shill have bacon produced sold delivered and famished in strict compliance with all applicable laws and regulations to which the goods core subject The Seller shall execute and deliver such documrns as may be required to effect Or evide p,compliance. All laws and regulations required to so incorporated in oppome. of this character are herby incorporated herein by this refenenoo. The Seller agrees . indemnify and hold the Purchaser harmless firm all costs and damages suffered by the Purchaser as a result of the Sellers fai lane to comply with such row. 9. ASSIGNMENT. Neither party shall assign, oamfer, or convey this order, or any monies due or to become due hereunder without the prior wrined compact of the other panty. 10, TITLE. The Seller warrants full, clear and uprostrated title to the Purchaser for all equipment, materials, and items famished in perommnce of this agreement, free and clear of any and all limps, restrictions, reservookrs, security interest encumbrances and claims ofothem. The Seller shall release the Purchaser sad its contractors of any tier from all liability and claims of any nature mashing from the perfomuoce, ofoach it. This release shall apply mxn in the event of fault of negligence of the pony relessd and shall extend .the directors, offers and employees of such patty. The Seller's contmdual obligations, including warranty, shall not be deed to he reduced, in any way, taooetem such work is Performed or amed to be performed by the Purchaser. 14. PAT EN I S, Wlrcnner the Seller is required to use any dust,, device, material or process covered by lane, patent, tidemark bycopyright, he Serer than mam indemnify and nave hless the Purchaser from any and sll claims for infringement person of the use of such patented design, device material or process in connection with the compact, -it shall indemnify the Purchaser for any cost, expense or damage which it may be obliged ao pay by reason of such infringement at any 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 good, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its onion, either pubmine for the Purehsser the right to continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipment, or modify it so it hwomw noninGngin, 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt. make an assignment far the benefit of crcdimrs, appoint e receive, or .1. far any of the Salinas pmpeny or business, Nis ceder may fpMwith be canceled by the Purchaser avabout liability. 16. GOVERNING LAW. The definition oftemn red or the interpretation i flhe agmcmena and the rights of.11 parties heremder shall be combined under and governed by the In. of the Sure ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Re,esemativa(s), on the premises of .,be.. 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 e of any accident, deslmction or injury to the work anaVor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchase. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, sore and handle mine at the site and become responsible therefor as though such materials anNm equipment were being Formal al by the Seller under the order. 18. INSURANCE. The Seller shall,, his own expense, provide for the payment of workers compasni. , including occupational disease Molts, to its employees employed on or in connection with the work coverd by this purchase odes, sceptic to their de ondens in accordance with the laws of the stale in which the work is to be done. The Seller shill also carry comprehnmsive general liability including, but not limited to, contmemnl and morro bile public liability insurance with bdily i jury and death limits of of least 13ID,000 for any one person, 5500,00) for any one accident and pmprry damage limit Per accident of 5400.000. The Seller shall likewise require his contractors, if any, to Provide for such compensation and momenta. Before any ofthe Sellers or his uncommon .play. shall do any wa& upon the premises of others, the Seller shall f ish the Purchaser with if cenificam that such compensation and insurance have been provided. Such eeniMams shot] specify the dace when such compensation and insurance have been Provided. Such cenif ernes shall specify the date when such compensation and insurance expires. The Seller agrees Char such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hatch, assumes the entire responsibility and liability for any fond all damage, loss of injury ofany kind or nature whatsoever to persona or Property caused by or reaching from the execution ofthe work provided for in this purchase order or in connection herewith The Seller will indemnify and hold Troubles, the Purchaser and any r all of the Purchasers officers, agents ad employees from and against any and all claims, losses, damages, charges or cxPenses, whether direct or indirect, and whether to Persons or pmprry to which the Purchaser may be p, or subject by reason of any ace, action, raged, omission or default on the Ilan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. To case my suit or other proceedings shall be brought against the Purchaser, or its o1Bem, ago.%, employees at my rime m acrount Or by maven of any act action, neglect, omission or default of the Seller of fogy of his contractors err any of its of Nei,.1icans, agents or employees as aforesaid be Seller hereby anon to assume the defense thereof end to defend the same, the Sellers own expense,. pay my bred all cams, charges, alders fees and other ex poses, any and all jmlgmms shot may be incurred by or obtained against the Purchaser or my of in or their officers, agents or employees is such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panties in or as a mull of such suits or error proceedings, the Seller will, once cause the same to be dissolved and discharged by giving bend or otherwise. The Seller and his contractors shall take all safety precautions, famish and insist] all guard 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 ales and regulations issued pursuant thereto. Revised 03R010