Loading...
HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9140755 (2)Fort Collins Date: 05/02/2014 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 PO Number I Page 9140755 1of2 This number must appear on all invoices, packing slips; labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 05/02/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 CONSTRUCTION SERVICES Rigden Reservoir -Natural Areas 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@fogov.mm 1 LOT EA 360,779.00 rrL:xrzr11 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 exemptions. By statute the City of Fort Collins is exempt from scam and local taxes. Our Exemption Nomher is 9"502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Som ex 1923, Chapter 39.26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in summit, may M retumd to You for credit and are Out to he replaced except upon receipt of women instructions from Ihe City OFF." Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on rea 1. Final Accepanca. Receipt of the merchandise, services or ry.i,MOt in rrsponse Ira this order can .11 in authoimd payment on the pan of the City of Fort Collins. However, it is to M understood that FINAL ACCEPTANCE a dependent upon completion ofall applicable required inspection procedures. Freight Tents Shipments must M F.O.B., City of Fort Collins, pea Wood Sr, pan Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mfacturers have distributing paints in s pinOntario, s of the shipment is expected from the nearest distribution point to destination, and excess f eight will be deducted front Invoice when shipments are made ]win greater distance. Permits. Seller shal precom at sellers sale cost all necessary peemis, certificates and licenses required by all applicable laws, regulations, ordinances and mires ofthe state, municipality, territory or political subdivision where the work is perfommd, or rryoitd by any other duly communed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins bananas from and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulntima, ordinances, roles ad requirements. Authorization. All Panama to this contract agree that rise expreunmcives am, in fact, bore fide and possess full and ..,[am authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the tens s and conditiam stated Main set finch and any supplementary or additional terms aM conditions amtexed harem or incorporated herein by reference. Any additional or different terms and conditions pmpot by roller are objected to aM hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGSM imradiedy Hyou camoa make complete shipment to orive on your promised delivery dam as noted. Time is of the essence. Delivery and performance must M effected within the time stand on the purchae order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ref partial late deliveries, shall operate as a waiver ref lhis provision. In the event affinity delay, the Purchaser shall have, in addition to other legal and equitable comedies, 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 m causes nut reasorebly foreseeable which are beyond its reasonable control and without its fault of negligence, such is of Gad, acts of civil or military authorities, gawmmental priorities, fires, mikes, flood, epd ou,s' 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 But received knowledge thereof In the event of any such delay, the dale of delivery shill be extended for the peril equal to the time actually lost by reason of he delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by his order will conform with applicable drawings, specifications, samples and/or other descriptions given, will M fit for the purposes intended, and Performd 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 from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of w ormay. The Seller shall replace, repair or make good, without cost to the precision, any defects or faults arising within one (I) year or within such longer grand of time as may M preseribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the good ! ishd hereunder (acceptance not in M ummanumbly delayed), resulting from Mari or defective work done or mmeriab fumisbed by the Seller. Acceptance or one of goods by the Puehaser shall not constitute a waiver ofany claim under this warranty. Except m otherwise provided in this purchase Oder, the Sellers liability hereudee shall extend to all damage proximately caused by the breach of any of me foregoing warranties or guarantees, but such liability shall in no rent include loss ofprefts 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 corms by women change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any education, the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specibcaumns or drawings, by verbal or change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable udjuslment shall be made. 6. TERMINATIONS. The Parchover may at any time by written change order, terminate this agreement as to any or AI purtiom of the goods then not shipped, subject to 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 on the uncompleted portion of the goods aM/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many goods which we the Sellers standard stock. No such lerompmion shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hounder. y. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within durty (30) days from the date the change at tmmivmien s ordered S. COMPLIANCE WITH LAW. The Seller warunn that all good sold hereunder shall have been pmdini so[d, delivered and famished in strict compliance with all applicable laws and model. ss to which the goods are subject The Seller shall exam cad deliver such documents as may M "mod] Ira effect or evidenm compliance. All laws and regulations required to M ncorporated in agreements of this character are hereby incerporstd herein by this reference. The Seller agrees or indemnify and hold the Purcluam harmless from at costs and damages suR d 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 prior wimrn consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title m the Practical for all equipment, manias, and items furnished n performance of this agreement, fee and elm of any and all ]ices. evarictimes, reservations, scourity interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms ad mvdtions hereof. failure at delay to everouse any rights or remedies Provided Fcrein or by law, failure us Promptly notify the Seller in thc event of a breach, me -improper, ofo payment for goods hertuMer or approval ofNe design, shall nor ml. the Seller of any of the semantics or obligations of this purchase order and shall not M dcened a waiver of any right of the pumhaser to insist upon strict performunee hermf or any of its fights or remedies as to any such goods, regardless of when shipped, received or accepted, m to any prior or subsequent default houder, not shall any purported coal mean ficando a or rescission of this purchase order by the purchaser operare as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Punhwer revolution that in actual exonsorm, Ecuador, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing his purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the Particular goods or services purchased or acquired by the Purchaser pursuant be this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m career nonconforming or detective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be perforated by the most expeditions means available to it, and the Seller shall pay all cos%associated with such work. The Seller shall ml. the Purchaser end its contmetors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply men in me rent of fault of orglinate, of the party released and shall extend to the directors, officers and cmploytts ofsuch party. The Sellers accounted obligations, including wmmnry, shall toot M demand to M reduced, in any way, because such work is performed or caused to M prfimmd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process navered by letter, plant, made Bark or copyright, the Seller shall indemnify and save haernleas the Purchaser from any red all claims for infringement by rramn of the use of such pointed design, device, material m process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may M obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In cam said equipment, or any pan therrof or the intended use of the goods, is in such suit held to constitute infringement pod the use of said 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 quipment or parts, replace tare same with substantially equal but noninfn-nging equipment, or modify it so it becomes noninfinging. 15. MSOLVENCY. If the Seller shall become insolvent ne bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foethwith be canceled by the Purchaser without liability. 16. GOVERNMG LAW. The definfiions of In. used or the in erp¢ation of the agreement and the .,his ofall parties hereunder shall M consmud under and governed by the laws ofthe State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the srnices of Sellers Rrpresent eisgs), on rise premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work al Seller's own risk anti) the sane s fully complerd and accomed, and shall, irs case of any accident, destruction or injury to the work wbor toateials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When fiaterias and ryuipmrnt ere famishd by others for mentioion or aectioo by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such nnterieds mdbof equipment were being famished by thc Seller under the order. I S. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compewation, including acupational disease benefts, to its employees employed on or in connection with the work covered by this purchase order, amber in their dependents in accordance with the laws of the same in which the work is to M done. The Seller shall also carry comprehensive formal liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of or least 4300,000 for any one person, $500,000 for any ne accident and property damage limit per accident of $400,000. The Seller shall likewise require his contrucmrs, if any, to provide for such compensalion and insurance. Before any of the Sellers Or his contractors employees shill do any work upon the premises of others, the Seller shall fiunish the Purchaser with a wri0cme that such compensation and insurance have been provided. Such certificates shall specify the dote when such compensation and insurance hoe been provided. Such cenifcares shall spit the date when such compensation and common, 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 more responsibility and liability for any and all damage, loss or injury of any kind r mome wheno , to.anres or property caused by or resulting form the execution afthe work pmvidd for in this purchase order or in connection herewith. The Seller will indemnify ad hold harmless the Purchaser ad any or an of the Purchasers offers, egr= and employtts from ad against any and all claims, losses, damages, charges or expenses, counter direct or indirect, and whether to persons or pmperry m which the Purchaser may M put or subject by reason of any act, actiom neglmt, omission or default as the Pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agcots or employers. In case any suit or other proceedings shall b, bought against elm Purchaser, or its offli age= or employees at any time con account or by reason of any act, action, neglect, omission or &Null of the Seller of my of his contractors or any of as or thew ollicers, agents or employes ns aforesaid, the Seller hereby agrees in assume elm defense thereof and as defend the same at the Sellers now expense, to Ray any pad all cons, clumps, attorneys fees and other expenses, any ad all judgments that may he incurred by or obtained against the purchaser or any of its or their officers, agents or employees in such suits or other pncrdings, and in case judgment or other lien M placed upon or obtained against the properly of the RVChmer, or said ponies in m as a result ofsuch suits or other proceedings, the Seller will at once exam the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Like all safety praooutions, famish and install all guards nwessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and I Icahn Act of 1970 and all roles and regulations issued pursuant thereat. Revised 032010