HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9955916City of
Fort Collins
Page Number: 1
Date: 9/30/2009
Purchase Order Number: 9955916
Delivery Date: 9/30/2009 Buyer: DICK,OPAL
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: I
Line 0ty/Units Description
1 1LOT
Phase 2 Odor Control Fan
H-WRF-2009-1 DWRF
2 1 LOT
Phase 2 Plant Equipment
H-WRF-2009-1 DWRF
City of Fort Ccriny Director of Purchasing and Risk Management
This order is nWalid 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
Extended Price
92,811.00
200,000.00
Total $292,811.00
Invoice Address:
i
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions, By smtute the City of Fen Collins is excurgt from state and local tas es. Our Exenspnion Nunloes is
98-04502. Federal Excise I'm Exemption Certificate of Registry 84-6000587 is registered with the Collector or
Interim[ Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a)
Goods Rejected. GOODS REJECTED due to failurc to meet slxcificatams, either when shipped or due to defects of
damage in transit, may be rinumed to you for credit and are not to In replaced except upon receipt of written
instructions from the City of Foil Collins.
Inspection. GOODS are subject to the City of Foil Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipnxnt in response to this onkr can result in authorized
paynxnt on the pan of the City of Fort Collins. Ilowevcr, it is to in umk:rsrood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Toms. Shipments trust be F.O.B., City of Foil Collins. 700 Wood St., Fort Collins. CO 80522, unless
othenvisespeeified on this order. Ifpennission is given to prepay freight and charge separately, tire original freight pall
must aecornanny invoice. Additional charges for Packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans ofthc country, shipmxm is expected
from the nearest distribution point to destination, and excess freight will be deducted from Invoice whenshipnxnts arc
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required byall applicable
Laws, regulations, ordinances ad ides of the state, municipality, territory or political subdivision where the work is
perfomaaL or required by tiny other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the Cky of Pon Collins harmless from and against all liability and loss incurred by them bw
reason of an asserted or established violation of any such paws, regulations, ordinances, rules and requirements.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess fill and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and coaditions stated heroin
set forth and any supplen icntaryor additional tends and conditions annexed hereto or incorporated heroin Ityrclerence.
Any additional or different toms and conditions proposed by seller are ohjcctcd to aid Iscreby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipnxnt to arrive on your
promised delivery date as noted. Time is of the essence. Deliveryand lxrfomcuu:e must be mated within the tine
stated on tlse purchase order and the documents attached hcivio. No acts of the Pm chasers including, without
linutation, accclamec of partial late deliveries, shall npermc as a waiver of this provision. In the event ul nny delay, the
Purchaser shall have, in addition to other legal and equitable renxdies. the option ofplacing this order elsewhere and
holding the Scllcr liable for damages. However, the Seller shall not be liable for damages as a result of delays due is,
causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts
of God, acts of civil or nulitary authorities, goverrinvental priorities, fires, strikes, flood, epidenucs. wars or riots
provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the tine
when the Seller first received knowledge thereof. In the event of any such delay. the date ofdclivcry shall be extended
for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, notes ials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the paposes intended, amid licrlbmied
with the highest degree of care and competence in accordance with accepted standards for work of a similar nature.
The Seiler agrees to hold the purchaser harmless from any loss, damage or expense which the Paehaser nay suferor
incur on account of the Sellers breach of warranty. The Sellershnll replace. repair or mike good, without cost to the
purchaser, any defects or fads arising within one (1) year or within such longer period oftinx as maybe prescribed by
law or by the terms of any applicable warranty provided by the Seller alter the date of acceptance of the goods
famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ordefective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally
claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall
extend to all damages proximately caused by the breach of any of the foregoing warantics or guaramecs, but such
liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR
MERCIJANTABILITY 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 Purchaser ntay make any changes to fire terns, other than legal tents, including additionns to or delcions fronnhe
quantities originally ordered in the specifications or drawings, by verbit or written change order. If any such change
affects the amount due or the time of performance hereunder, an equitable adjusutxnt shall be nsade.
6. TERMINATIONS.
The Purchaser nay at any time by written change order, terminate this ngrcennent as to any or all portions of the goods
then not shipped, subject to any equitable adjustnxnt between the panics as to any work or materials then in progress
provided that the Purchaser shall not be liable for any clains for anticipated profits on the mxompleted portion of f is
goods and/or work, for incidental or consequential danages, and that no such adjususxnt ha node us favor ultra Seller
with respect to ary goods which arc the Sellers standard stock. No such tennunation shall relieve the Purchnser ur the
Seller of any of their obligations as to any goads delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within shiny (30) days from the date the change or icrinination is ordered.
8. COMPLIANCE WITH LAW -
The Seller warrants that all goods sold hereunder shall have been produced. sold. delivered and furnished in strict
compliance with all applicable laws and regulations to which de goods arc subject. The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required its Ise
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indeimify and hold the Purchaser harmless from all costs and damages suffered by tie Purchaser as a result of the
Sellers failure to comply with such Law.
If and only to the extent this (Agrccnsent] constitutes a "sole source govfinaxan contract" within the nxaning of
Article XXVIII ofthc Colorado Constitution ("Article XXV II1"), then the provisions ol'Smitimt 15 ofAnicfe XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the (Contractor] or any offset Person who is a
"contract holder' as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado orally of its Political subdivisions, for three yeas.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any ninnies due or to become due hcrcutder without the
prior written consent of the other party.
10 'IT11-13.
T he Scllcrwaurants full, cletvatd unrestricted title to the Purchaser for all equipment. materials, and itcass finished in
perfomaree of this agreettxnt. flee and clear of any and all lice s, restrictions, reservations, security interest
enculubirmices and clains ofolhets.
I I. NONWAI VI:R
rmhu : if tine Purchase' to insist upon strict Ix fomraeo of the tears and conditions hereof, fail or delay to
escreisc any rights oricnxdics provided herein or by law, failure to pnoulp ly notify the Seller in the event ofa Mo ahch,
ale acceptance of m payuxnt for goods hereunder or approval of the design, shall not release the Seller of any of the
watramics or obligations of this pmcltase order aid shall not be deemed a waiver of airy right of die purchaser to itsst
uµni strict ire, Insurance hocrif or any of its rights or rensodies as to any such goods, regardless of when shipped,
received or acceptid. as to any In arc or subsequent default hereunder. nor shall any purported oral modification or
rescission of this purclutse order by the Purchaser opens to as a waiver of any of the terms hereof.
12. ASSIGNMENT OF ANTITRUST CIA] MS.
Scaer and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust viotnionsare
in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now Have or hcreaflcr acquired under federal or state
antisist laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser
pursumt to this punchtsc coder.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If ilic Purchaser diicc i to Seller to correct nonconforming or detective goods by a date to be agreed upon by the
Purchaseratd tire Seller, and the Seiler thereafter indicates its inabilitycir unwillingness to comply, the Purchaser may
cause the work to In, perfmaed by the niost expeditious nxaus available to it, and the Seller shall pay all costs
associated with such work.
The seller dull release the Ptnchaser and its contractors orany tier from all liability and clains orally nature resulting
f u if. paf omancc of such coral.
This release skill apply even in the event of fault ofnegligence ofihe party released and shall extend to the directors,
oRiccis aid ens loyees of such party.
The Seller's contractual obligations. including warranty, shall not be defined to lie reduced, in any way, because such
work is porfonnted or caused to In performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to sw any design, device, material or process covered by loiter, patent, trademark or
copyright, tie Seller shall indemnify and save hanitless the Pm chaaser from any and all clains for infringement by reasaa
of the use ofsuch patented design. device. nmterial or process in cour ection with the contract, and shall indenmifytlx
Purchaser fear any cost, expense ordanage which it nay be obliged to pay by reason of such infringement m any jinx
during the prosecution of aver the cone lesion of the work. In case said equipnxnt, or any lean tereofor the intended
use of the goods, is in such suit held to constitute infringement and the use of said equipment or pill is enjoined, the
Seller shall. m its own expense and at its option, either procure for the Purchaser the right to continue using said
equipnxnt or pans. replace the sane with substantially equal Inn non -infringing equipment. ornodit'y, it so it beeches
non-inti'iuging.
15. INSOLVENCY.
If the Seller shall beconte insolvent or bankrupt, make an assignnnrit for the txnefit oferes itons, appoint a icceNcr or
tiusiee for may of duo Scllcr proleny or business, this order nay forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
'rise definitions of tans. used or the interpretation of tie agreenxnt and the rights of all panics hereunder shall be
construed adcr and govrmcd by the Laws of the State of Colomdo. USA.
The following Additional Conditions apply only in cases where rise Seller is to perform work hereunder. including the
services of Sellers Representtive(s), on the promises of others.
17, SIiLI,IiRS RESPONSIBILITY.
The Sellershall carryon said work at Seller's man risk until the sane is fully cnnpleled and accepted, and shall, in case
of any 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 Purchnser. When materials and equipment me
famished by mhers For installation or erection by the Seller. the Scllcr shall receive, unload, store mid handle smut nt
the site and Iecrinc responsible therefor as though such materials and/or etuipnsent were being famished bythe Seller
under the order.
18. INSURANC'E.
'I he Seller shall, at his man expense, provide for the µay merit of workers compensation, heluding occupaional disease
benefits, to its employees employed on or in connection with the work covered by this purchase order, and/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
comprchonsive general liability including, pot nut linutcd to, contractual and autonobilc public liability insumncc with
bodily injury and death limits of at least $300.000 fur any one person. SSML000 for any one accident and property
damage Hosts per accident of $400.010. The Seller shall likewise require his contractors, if any, to provide fat• such
compensation and insurance. Betixe any of the Sellers or his contractors employees shall do any work upon the
premises of others. the Seiler shall furnish the Puiclm. cr with a certificate that such compensation and insurance have
been provided Such certificates shall specify the date when such compensationand insurance have been provided.
Such ecnificates shall specify the date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be irai rained until after the entire work is completed and accepted.
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
'rise Seller hereby nssunes the entire responsibility and liability for any and all damage, loss or injury of nny kind or
mauve whatsoever to in rills or prolxny caused by or resulting front the execution of the work provided for in this
purchase order or in connection herewith.'I'lte Seller will indemnify and hold limitless the Purchaser and anyorall of
ale Purchasers o0iceis. agents and employees from and against any and all clains, posses. damages, charges or
expenses. wheihct- direct or indirect, and whether to persons or property to which the Purchaser may Input orsubject
by reason orally act, action, neglect. omission or default on the pan of the Scllcr, any of his contractors, orany of the
Sellers or contractors officers, agents or employees. In ease any suit or of her proceedings shall be brought against the
Purchaser. or its o0iceis, agents m employees at any tine on account or by reason ofany act, action. neglect, omission
or defiudt of the Seller orally of his contractors or any of its or their officers. agents or employees as aforesaid, the
Seller lieseby agrees to assune the defense thereof and to defect the sane at fix Sellers own expense, to payany and
all costs, charges, mtonhcys fees and other exp ensts, any and alijudgrcents that nay be incurred by orobtahsed against
the Purchaser or any or its or their officers, agents or employees in such suits or other proceedings, and in case
judgincn or other lien be placed upon or obtained against the property of the Purchaser, or said panics in oras a result
ufsuch suits or other proceedings, the Seller will at once cause the sane to In dissolved aid discharged bygiving bond
or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for
fire picvanion of accidents, consly with all laws and regulations with regard to safety including, but without
limitation, the Occuµationt Safety and health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 0412009