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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9141412PO PURCHASE ORDER 914141 Number Page C117/ of PURCHASE 41412 1 of z `t Collins( his number must appear ` v ` 1 1 on all invoices, packing sli s and labels. Date: 03/06/2014 Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/05/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price t CONSTRUCTION CONTRACTS WO # M-WRF-2014-1 1 LOT LS 223, 754.00 CONSTRUCTION SERVICES DWRF CENTRIFUGE FEED SYSTEM REPLACEMENT - EQUIPMENT PROCUREMENT 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 754.00 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 Fed Collins is exempt Gent state and local taxes. Our Exemption Number is ILNONWAIVER. 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay, to Internal Revenue, Derive, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to prompJy notify the Seller in the event of a breach, the acceptance of -payment for goods hereunder or approval of the design, shall net release the Seller of Goods Rejected, GOODS REJECTED due to fail... to meet specifications, either when shipped or due m defects of any of the wa ties or obligations of this purchase order and shall now be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are am to he replaced except upon receipt of wine. Purchuser w insist up an strict performance hereof or any of its rights or remedies as to any such goods,regardless inrcamionx from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to The City of Fart Collins inspection on arrived. be ... E Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anthorived payment on the pad of The City of Fort Collins. However, it is to be understood that FINAL Seller and The Purchases overprint that in actual cne practice, overcharges resulting from antitrust (good ACCEPTANCE is dependent upon completion of all applicable required inspection procedures- violations are in Net Some by the Purchaser. Therewore,for cause and as comidemtion for executing This purchase code, tla Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Priapus Terms. Shipments most be P,ON , City of Fort Collins, 900 Woad Sr, Fort Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges relating to the medicine. was or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accomemov invoice, Additional throw; for coolant will not be oriented. Shipment Distance. Where manufacturers base distributing Points in various padcountry, s of the sM1ipmenl is expelled from the nearest distribution point to damnation, and excess freightwill be deducted from Invoice when from shipments nre made from granter distance, Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and litenses required by all applicable laws, regulations, ordinances and rules of The state, municipality, terimry or political subdivision where the work is performed, or required by any other duly continued public authority having jurisdiction aver the work of vendor Seller fwwhcr, agrees to hold the City of Fort Collins harmless from and against all liability and loss rammed by them by reason of an examed or established violation of any such laws, regulations, ordinances, was and requirements. Autho useco s All parties to this contract agree that the representatives are, in fact, bona fide and possess PoII and complete autl a ny to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set north and any supplementary, or additional terns and conditions annexed hereto or fi aoryaramd herein by reference. Any additional or dltferent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou croon make complete shipment to arrive on your promised delivery date at noted. Time is of the essence. Delivery and performance most be effected within the time slated on We purchase order and the documents attached hereto. No acts of the Purchasers including, without Imitation, acceptance of partial late deliveries, shall operate As a waiverof this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this water elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable far damages as a result of uel,, due to causes not reasonably foreseeable which are beyond its reasonable Control and without its fault of negligence, inch acts of God acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, was or riots provided thal ..,.at arms 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 actually lost by reason fthe delay. 3. WARRANTY. The Seller warrants that all goods, .melee, materials and work covered by this order will conform with applicable drawings, specificaill samples and/or other distortions given, will be fit for the purposes intended, and performed with the highest degree of care and competenw in accordance with accepted aamdards for work of a milar nature, The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sella breach of warranty. The Seller shall mplaw, repair or make good without Cost to the purchase, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acwpaece rut To be unreasonably delayed), resulting from imperfect or defective work done am materials Emitted by the Seller. Acceptance or use of goods by the Purchaser shall not onslitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase oMe,, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include loss ofprofits 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 m legal terme by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temps, other than legal tears, including additions to or deletions from the quantities originally ordered in the specifications or sowings, by verbal or written change order. If any such change affects the amount due or the time ofpeRormance I meunde, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to say work or materials than in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are flat Sellers stimulant stock. No such lamination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dam the Than, or werminatioo is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold Remember shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulmork to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorparated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from all costs and dumrges suffered by the Purchaser no a mean of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall It,, transfer, or convey this when, or any monies due or N become due hereunder withnal the prior written coenew of the other party. 10. TITLE The Seller warrants PoII, clear and unrestricted till, to the Purchaser for all equipmenq materials, and item¢ perished in performance of this agreement, free and clear of any and all liens, restrictions, reservation, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cane noncon6rming or defective goods by a dare m 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 performed by the most expeditious means available to it, and the Seller shall pay all costs associated with each walk. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsach party. The Sellers Comaound obliftstion, including warrmity, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. I4. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent Trademark or copyright the Seller shall indemnify and save harri the Purchaser fmm any and all claims for infringement by reason of the like of such patented design, device, material or process in connection with the contract, and shall indemnify the PuwM1mer for any cost, expense or damage which it may be obliged to 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 goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its ovnt expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but aoninfiinging equipment, or modify it so it becomes incriminatory. 15. INSOLVENCY. If the Seller shall become insolvent or bardrmpq make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pandererwithout liability. H, GOVERNING LAW. The definition ofterew used or the ialerymtation affair agreement and be rights of all parties hereunder shall be Tonsured under and gu.cd by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where The Seller is to perform work hereunder, including the services i f Sellers Repo sommive(s), on to premises of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is Polly completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Settees fast completion and acceptance, complete the work at Settees own expense and m the sausfarGon tribe Partial When materials and equipment are firmished by others for installation or ereefton by the Seller, the Seller shall receive, Trilled, store and handle same at the she and become responsible therefor as though such nwTWals aa&., equipment were being Pomished by the Seller under the oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with me work covered by this purchase order, and/or to their dependents in watchman with the laws of the sate in which the work is to be done. The Seller shall else carry Comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily Injury and death limits of at least $300,000 for any at person, $500.0. far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his ontrnnors, 1f any, to provide for such compensation and insurance. Before any of the Sellers or M1is contmorors employees shall do any work upon the premises of others, the Sella shall Finnish the Purchaser with a certificate that such compensation and insurance have been provided. Such centuries shall specify the date when such compensation and insurance have been provided. Such mendicants shall specify the date when such oompenaetim and announce nce 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 entire responsibility and liability for any and all damage, love. -injury of any kind .ain't whater eve to persons or properly caused by or resulting from the execution efthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold haradess the Pwchnser and any cr all of the Purchasers officers, agents and emplayees from and against any and all claims, fosses, damages, harges or expenses, whether direct or indirect, and whether to persons or property To which the Purchaser may be put car subject by mason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees In case any soil or other proceedings shall be brought against the Pumhazer, or its appears, agents or employees at any time on woman or by reason of any ace, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereat and to defend the same at the Sellers own expense, to pay any and al I at, charges, runways fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofEcers, agents or employees in such suits or 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 as a result of such suits or other proceedings, the Seller will at once cause the sane to To dissolved and dincharged by giving bond or otherwise. The Seller and his rawarcwrs shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimtien, The Occupational Safety and Health Act of 1970 and al Take and regulations issued pursuant thereto. Revised 03I2010