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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9143143PURCHASE ORDER PO Number Page C117/ Of9143143 t of z ' `t Coll I„C This number must appear " 1�7 on all invoices, packing sli s and labels. Date: 06/06/2014 Vendor: 109420 Ship To: WATER UTILITIES HYDRO CONSTRUCTION CO INC CITY OF FORT COLLINS 301 E LINCOLN AVE 700 WOOD ST FORT COLLINS CO 80524-2505 FORT COLLINS CO 80521 Delivery Date: 06/06/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2014 CATHODIC PROTECTION WORK 1 LOT LS 44,708.00 ALONG 60" PCCP AND WTF WO # SCP-CPWORK-061514 7515 Consulting Engineering for Water, WW and Stormwater Facilities Capital Improvements. 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.wrn Total Invoice Address: 708.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDEEAIIS. Tax exemption. By statute the Ciry of Fort Collins is exempt fmm same and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0 503. Faecal Excise Tax Exemption Cau ficae of Registry RT,R)W$8) u registered with the Collector of Failure of the Producer to insist upon most pert of me tens and mMitious hereof, failure or delay m Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26, 1 MI (a). exercise any rights or remedies provides herein or by law, failure to promptly notify the Sella in the event of a breach the acceptance ofor payment for good hereunder or approval ofahe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to &fee. of any of the war arres or obligations of this purchase order and shall not b, deemed a waiver of any right of the damage in transit, may No rearmed to you for credit and are not to he replaced except upon receipt of carbon purchaser to insist uWn soict performance hereof or any of its rights or «medics in to any such goodt regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall tiny purported oat modification or rescission of this purchase ola by the Purchaser operate n a waiver of any of the temp Inspection. GOODS are subject to it,, City of For Collins inspection on arrival hereof Final Acceptance. Receipt of the merchandise, reavi,ai pmen r equit in tnmance to this order cat resuTIT R lt in 12. ASSIGNMENT OF AN -DI CLAIMS. oatherized payment on the pan of the City of Fort Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion efallamlicable required inspection procedure. violations are in fast home by the PurchasTh ed eremmic,nfonr good cause and as consideration for executing this purchase oleq the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Pon Collim, 900 Wood St_ Tom Collins, CO 80522, unless otherwise specified an this order. If pmnissiam is given to prepay freight antd charge xa mcm ly, the migiord fart bill must accompany invoice. Additional charges for packing will not be accusal. Shipman Distance. Where manufacturers have distributing points in van us pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deductl from Invoice when shi,ams art made from gr omer distance. acquired under federal or stare antitrust laws for such overcbargea relining to the particular goods or smiccs purchased or acquired by the Purchaser parsuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to mrad normcovlmming or defective good by a daze to be agreed upon by the Purchaser and the Salem end the Seller thereafter indicates its inability or unwillingness to comply, the Purchase( may cause the work or be Faficar l by the most expedilious means mailable to if, and the Sella shall pay all casts associated with such work. Pamir. Seller shall Fleenor at sellers Is cost all neseemry permits, certificates end licence rryuired by all applicable laws, regulations, ordinances and rule Of the store, anticipatory, err bry or mints.1 subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vcndm. Seller Ihrthcr agrees to hold the City of Part Collins harmless from and against all liability and lass hwarred by he., by reason of an somed or established violation of any such laws, regulations, ordinances, rates and regnirentenls. Amhoriaarion. All panics to this contract agree that the ranciamences are, in fact, boost fide and possess full and omplete authority m bind said panics. LIMITATION OF TERMS. This Purchase Order ea,.Iy limits remprance m the toms and condition sates hartin set forth and my supplementary or additional terms and condition annexed hereto or incorpom¢d herein by refrence. Any additional nr diR cot It. and condition proposes by sells arc objected 10 and hereby jecla. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imumdur ely if you cannot make complete shipment to ender on your promised delivery date as noted. Time is of the essence. Delivery and performance most be a@coed within the time stall tin the purchase color and the documents atachl hereto. No acts of the Purchasers including, without Initiation, acceptance of partial late deliveries, shall morn, c a waiver of this rowis am. In the evcnl of any delay, the Purchaser shall have, in addition to other legal and equindle remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as it result ofdehys due ro causes not reasonably foreseeable whidt are beyond its reasonable control and without its Eult of negligener, such acts FGod. acts of civil or military authorities, govemmmal Frantic; fires, strikes, Ruud, epidemics, was or rims provided flit notice of the conditions causing such delay is ,,on to the Purchaser within dive (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, aids, mdWbj6 and work covered by this order will conform with applicable drawings. specifications, samples moor other description given. will W fit for the proposes immded, and Performed with the highest degree of are and tormetcnce in accolade with accepts standard for work of a 'mils nature. The Sella agree or hold the purchaser harmless from any loss, damage or capaase which the Purchaser may suffer or incur on account of th<Sellers breach of warrearty. The Sella shall replace, reps or make good, withaul cost to the Franchise, my defects of faults arising within one (I) year or within such longer pus of time as may be prscrlbes by law or by the terms of any applicable warrant, provided by the Seller after the date of acceptance of the goods hammed red hereunder (acceptance not to be unreasonably delays), resulting from imperfect or defective work dune or nationals furnished by the Seller. Acceptance or use of goods by the Producer shall not institute it waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caned by the breach of any of the European, wnnanties or gu arrntees, but such liability shall in no event include loss Of profits no loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change m Is,[ isms by wdnm change oMef. S. CHANGES IN COMMERCW. TERMS. The Purchaser may make my changs to the isms, of , than legal tern, including William 9. or deletion from the quantities originally ordered in me speeifiemiom or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time ofpaforrtaance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by writers change order, terminate this agreement as to any or all protons of the goods then not shipped, subject o any yuilable adjustment between the parrs as m any work or materials that in progress provided Nat the Purchaser shall nor be liable for any claims for anticipated prof its on the manallefed portion of the good anchor work, for incidental or consequential damages, and that no such adj almost be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivaW hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be nsenl within many (30) days fmm the date she change or mrmimti err is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and tumbled in most compliance with all applicable laws and regulation m which the goods nor stablest. The Seller shall scare and deliver such disbarments of may be famita to effect or evidence compliance. All laws and regulation required to be incoryamed in agreements of this character arc hereby incorpom ad herein by this reference. The Seller agrees to indemnify and hold the Purchaser humorless farm all costs and damages suffered by the purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. err convey this order, or any monies due or to become due hereunder w,,hour the prior written cement of the order party. 10. TITLE. The Seller weraats full, clear and unnamided title to the Pumuaxr for all equipment materials, and items f iahod in performance of this agreement free and clew of any and all lies, taxima on, reservation, security inns, encumbrance and claims of alders. The Seller shall release the Purchaser and its contractors of any tier fmm AI liability and claims of any more results, from the pabor tance ofsuch work. This release ,hall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such Party. The Sellers commcaml obligation, including svamanry, shall not be dmmed to be reduced, in any way, because such work is performed or caused la be perforates by the Practices. 14. PATENTS. %Yraraver the Seller is required I. use any design, deice, notarial or process smanal by It. , Patent, trademark or copyright, the Seller shall indemnify and save hanks the Purchaser fmm any and all claims for infringement by reason of the use of such WIated design device, normal or press in conecion with the contract, and shall indemnify the Pumhasn for any con, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said oluipmeal, or any part thereof or the intended use of the goods, is in such suit held as consumer infringement mad the use of said amipment 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 parts, replace the same with substantially egml but noninfnnging ampman, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become madame or bankrupt, make as component for the benefil of creditors, appoint a or wsae far any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition ofterms used or the unimportant. of the agrtentcnt, and the rights of all parties hereuraakr shall ha comtmed under and g.,.d by she lassx fthe Sore of Colorado, USA. The following Additional Condition apply only in cases where the Seller is m perform work hereunder, including the sm'ices of Sellers R mpaun ctiv,,E), on the premiss 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, to eve of any accident dasovcllon or may as the work and/or materials bef re Sellers final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Pubdoxi Wben materials and equipment arc Ihmished by others for installation or erection by the Seller, the Seller shall receive, unload, sire and handle same at the site and become responsible therefor as though such normal, and/or a,myr or were being frmisha by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for fie payment of workers compensation, inclading occupational disease benefits, to its employees employed on or in curuaacaion with the work covered by this purchase order, cord/., to their dap Wents in accordance wits the Ian's of the state in which the work u ao W done. The Seller shall also carry comprehensive prorml liability =]Wing, but not limited to, matcacrnal and automobile public liability insurance with badly injury and death limits area least S300.000 for my one pion SSW." for any one accident and progeny damage limit Per accident of S400,00o, The Seller shall likewise acclaim his confusion. if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my wank upon the premises of others, the Sella shall famish the Purchases with a trumpets, (hut such compenation and insurance have been provided Such emi&aces shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and imurance expires. The Seller agrees that such compenumim and imurance shall be maintained and after the entire work is complemd and occupied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability fur any and all damage, loss or injury of any kind or nature whatsoever to person or property caused by or resulting fmm the execution of the work provided for in this Functions, order or in connection herewith. The Seller will indemnify and hold handless the Purchaser and my r all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expose; whether doom or indirea, and whether to pain or pommy to which the Purchaser may be put or subject by ¢awn of my car, action, radial, Woman or default on the pan of the Seller, any of his contanora, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or employees ar my 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 officers, agents or employees n aforesaid, the Sella hereby agree to assume the defense thereof and to defend the more at the Sellers own expense, to pay any and all cats, charges, aMmeys fees and other expense; my and all judgmens that may be incurred by or obtained against the Purehcer or any of its or their Officers, agents or employees in such suits ar other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or a a result of such suits or other picrad ng; the Seller will at once cause the same In be dissolved and discharged by giving bond err otherwise. The Sella and his contractors shall take all safety precan mess, burnish and install all guards necessary for the prevention of accidents, comply with all laws and regulation with regard m wfry including, but withoso limitation, the Occupational Safety and Health Act of 1970 and all ales and regulation issued pursuit therem. Revised 03QDI0