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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9141451Fort Collins Date: 03/07/2014 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 PO Number Page 9141451 1o12 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 03/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price PLANT & GARAGE EQUIPMENT 1 LOT WO # M-WRF-2014-2 CONSTRUCTION SERVICES DWRF CARBON PH III AND DRYING BED 2 PLANT & GARAGE EQUIPMENT WO # M-WRF-2014-2 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 LS 1 LOT LS 14,476.00 14,599.00 Total $29,075.00 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from spite and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tox Exemption Certificate of Registry 84-6000587 is registered with the Collector of Office of the Purchaser to insist upon stet performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Her Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exeraise any rights or remedies provided herein or by law, failure to promptly andfy the Seller in the event of a branch, the acceptance ofor payment for Reads hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to race specifications, either when xhipped w due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in Transit, may be reamed to you for credit and are not to be replaced except upon receipt of whim purchaser to insist upon strict performance hereof or any of its rights or remedies es to any such goods, regardless instructions from the City arrow Collins, of when shipped, received or accepted, as to any prior of subsequent default Remainder, 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 Fort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. d anease ed paen ymt oa the part of the City of Port Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting flow nti om amount ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theremffum, for oil cots, and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Farm, Shipments most be FOB., City of Fort Collin, 700 Wood St., Fen Collins, CO 80522, unless acquired under federal or state antitrust laws for each overcharges relating to the particular goods w services otherwise specified an this order. If permission is given to prepay freight and charge separately, the origint freight purchased or acquired by the Purchaser pursuant to this purchase order, bill must accompany invoice. Additional charges for packing will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing Points in sampas pans of the country, shipment is tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution paint to destination, and excess freight will b, deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser ,O,naw , are made from Posner distance may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure m sellers sole coal all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and piles of the suite, municipality, territory or politico] subdivision where the work is performed, or required by any other duly assuaged public authority leaving jurisdiction over the work of vendor, Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlea aandmquirecounts, Au lani,d on. All parties m Nis contract a,me that the representatives are, in fact bona fide and possess fall and complete authority to bind said parties. 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 annexed hereto or incorporated herein by mderence. Any addaiawl or different roams and conditions proposed by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without Intensifier, acceptance of Ionia] laic deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall base, in addition to other legal and equitable 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 a result of delays due to reuses not reasonably foreseeable which are beyond its reasonable control and without its fault ofneglign e, such acts of God, acts of civil or military suthomies, gcommand priorities, fires, strikes, flood, epidemics, wars or hats provided shot notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time whim the Seller ❑., 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 ofthe delay. 3. WARRANTY. The Sell,, wmrame that all goods, articles, materds and work covered by this order will conform with applicable drawings, specifications. samples and/or other descriptions given, will be Et for the purposes intended, and performed with The highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to bold the purchaser harmless from any loss, damage or expense which the Purchaser may sailer or incur an account ache Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year rwithin such longer period of time a, 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 famished hereunder (acceptance not to be unreasonably delayed), resulting Can latecomer or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not nsfimte a waiver of any claim under this warranty. Except is otherwise provided In This p rmhace order, the Sellers liability hereunder And extend to all damages proximately word by the breach army of the foregoing warranties or guarantees, but such liability shall in no event include loss Trefoils 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 temps by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change offieets the amount due or the time ofp,rformow, harm ndeq an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by written change order, roroinate this messuren as m any or all ponies of he goods then not shipped, subject to any equinable adjustment between the ponies as an any work or materials than in Imports provided that the Purchas, 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 Was which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants tat all gaud, sold fiereunder shall have been produced, sold, delivered and f misbed in strict compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulo mm required to be ocoryomced in agreements of this character are hereby incoTornrod herein by This reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall usage, mensfeq or convey this order, or any monies due or to become due hereunder without the prior warrant consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and Items famished in performance of this agreement, five and a]w, of any and all liens, restrictions, mservatiom, security interest encumbrances and claims oford ers. The Seller shall release Ibe Purchaser and its conoecms of any her firm all liability and claims of any nature resulting from the performance ofsech work. This mines, shall apply even in the event of fault of negligence of the party released and shall extend m the directors, officers and employees of such party. The Seller's coetracmel obligations, including warranty, shall not be deemed to be mdowd, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required he use any design, device, material or process covered by letter, patent, trademark copyright, the Sells, shall indemnify and save harmless the Purchaser hum any and all claims for infringement by reason of the rise of such patented design, device, counial or process in connection with the contract and shall indemnify the Purchaser for any cost, expense ordamage 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 vase said ftapenem, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option either pmaure for the Purchaser the right to continue using said equipment or parts, replace Joe same with mixama dly equal but mainfroging equipment, or modify it so it becomes nonintnging. 15. INSOLVENCY. If the Seller shall become insolvent or consumer, make an assignment for the benefit of cresho rs, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchases without liability. 16. GOVERNING LAW. The definitions of to. used or the iolerpretahon of the egreco mt and the rights of all parties hereunder shall be construed under and governed by the laws of the State ofColomdo, USA. The following Additional Conditions apply only in rases where the Seller is to perfomh work hereunder, including fire services of Sellers Reprexnmtive(s), on the premises crabbers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own nsk until the same is Nlly completed and accepted, and shalt in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipping are lmished by others for installation or erection by the Seller, the Seller shall receive, unload, stare and handle same al the site and become rc,,..ibly therefor is lough such mmemis and/or aquipmnt were being famished by The Seller under Ne order. 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 the work covered by this purchase order, and/or to their dependens in accordance with the laws of the site in which the work is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and in e, Before any of the Sellers or his contractors employees shall do any wark upon the premises of other, the Sellershall famish the Purchas, with a certificate Nat such compensation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance expires. The Seller agree 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, loss or injury ofany kind or nature whatsoever to person or property cauaed by or mulling from me execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers hers officers, agents and employees from and against any and all claim, James, damages, charges or expenses, whether diver or indirect, and whether to persons or property to which the Purchaser may be at or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his ormaybo , Or any of the Sellers or commmprs offi,es, agents or employees In wse any suit or other proceedings shall be brought against The Purchaser, or its officers, agents or employees ar any time oa account of by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their oRcers, figures or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Investor or any of its or their officers, agents or employees in such suits or other proceedings, and in wse 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 offer proceedings, the Seller will at once cause the same to be dissolved and dachafged by giving bond or offican . The Seller and his contractors shall take all safety precautions, Pomish and nostril all guards necessary for the prevention of accidents, comply with all laws and regulations with regard m safety including, but without limitation, the Depopul ate d Safety and Health Act of 1970 and all miss and regulations issued pursuant thereto. Revised 03M 10