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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9134366Fort Collins Date: 04/2112014 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 PO Number Page 9134366 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 08/13/2013 Buyer: PAT JOHNSON Note: ....a,,.�.r Line Description Ordered UOM Unit Price Price 4 CONSTRUCTION CONTRACTS INSTRUMENTATION/SAMPLER REPLC 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 1 LOT LS 30.00 Total $30.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins h exempt from slide and ]rival rues. Ow Exemption Number is 98-04502. Falit Excise Tax Exemption Cedificme of Registry 84-6000587 is registered with the Collector of Inemal Revenue, Deaver, Colorado (Ref Colorado Revised Sumter 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due a failure a meet specifications, either when shipped or due ro defects of damage in transit, may W resumed to you for credit and ore cut to bo ¢placed except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS are subject to the City of Fort Collins impectiun oa amval. Final Acceptance. Receipt of the merchandise, services r equipment in response to this order cat result in authorized payment on the pan of the City of Fan Collins. however, it is to be understood thatFINAL ACCEPTT ANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be EO.D., City of Fan Collins, 700 Wood St, Fan 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 bounce. Additional charges for packing will not the, accepted. Shipment Distance. Where nommormrers have distributing points in caricts parts of the umtry, shipment is expected from the nmrdt distribution point to ddtiratica, and died, freight will W dedacted from Invoice when shipments are made from greater distance. Perri.. Seller shall procure at sellers sole cart all necessary permits, certificates and licenses mquired by all applicable laws regulations, ordinances and mles of the sue, municipality, territory or political subdiv sio s where the work is Performed, or required by any other duly computed public authority havingjurici iction over the work of vemlm. Seller further agrees to hold the City of Fort Collins canards from and against all liability and loss incurred by them by reason crop asserted or established violation of ony such laws, regulations, ordinances, rates and equirements. Authorization. All Ford; to this contract agree that the representatives are, in fact, bona fide and pnsaess full and complete authority a bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set lonh and any supplementary or additional emu and conditions annexed harem or Incorporated herein by reference. Any odditai al or difermr arms 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 amve on your promised delivery date as noted. Time is of the ecmntt. Delivery and performance most W effected within the time stated on the purchase under and the documents amachnd hereto. No acts of the Purchasers including, without limitation, acceptance ofpania late deliveries, shall opcmte m a waiver of this provision. In the event army delay, the Purchaer shall have, as addition to other fgal and dlond lc rernedics, the option ofpladng this order clscwbore and holding the Sella liable fun damages. Howna, the Seller shall Out be liable for damages as a result of delays due to causes cut reasonably f cescuble which are beyond its reasonable conwl and without its fault of negligence, such acts of Gal, acts ofeivil or military authorities, govcuandocl priorities, fires, strikes, flood, epidemics, was or riots provided that notice of me conditions causing such delay is given a 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 Ire expanded for the peered equal to the time actually lost by reason Of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and compecr ce in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the imohaun harmless from any loss, damage Or expense which the Purchaser may surer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without rust to the purchaser, my defects or fwlts ansing within one (1) year or within such longer period of time as may bo presrnbed by law or by the remrs of my applicable warranty provided by the Seller after thc date of acceptance of the good firmished hereunder (accrPtance not 10 be unreasonably delayed), resulting firm imperfect or defective work done or nardiak furnished by the Seller. Acceptance or use of good by the Purchaer shall not anstimte is wuiven of any claim maker this warranty. Except as otherwise provided in this pardo se order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnlid or guarantees, but such liability shall in no event include loss ofprofts or loss of tau. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rem. by written change odd. 5. CHANGES IN COMMERCIAL TERMS. Th. YureFamr may make nay charges 10 the tern., other than legal leans, inducting action— to err deldions from the quantities originally ordered in the specifications or drawings, by verbal or idauen change order. If any such change atre", the ."tint due or me time of perfetmunce hereunder, tin equitable achmanc at shall he made. 6. TERMINATIONS. The Purchaer may at my time by written change order, terminate this agreement as to my or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in laminas provided that the Purchaser shall not W liable for say claims for anticipaled profits on the un man,lecd Portion of the goods combat work, for incidental or consequential damages, and Out net such martin ent W made in favor of to Seller it roped 10 any Good which are the Sellers standard sock. No such lermlnation shall relieve the pardoner or me Seller ofany of their obligmiore, in a my goods delivered hereunder T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most bo asserted within thirty 130) days from the die the change or to amount, is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and Brushed in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to erect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller Mr. 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 parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor woman consent of the other Party. 10. TITLE. The Seller warrants full, clan and unreslnned sille m be Purchaser for all equiprou, marshals, and it. burnished in performance of this agreement free and clear of any and all liar, re aictions, ldmatiod, security interest dncumbrarncd and claims ofoters. 11. NONWAIVER. Failure of the Purchaser in insist upon strict performance of to terms and conditions herm( failure or delay to exercise any rights or remedies provided herein or by law, failure a promptly ratify she Seller or the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not relcau the Seller of any of the warranties as obligations or this purchase order and shall not W deemed is waiver of any right of the purchaser to insist upon snot performance hereofor any of its rights or remedies a many such goad, regardless of when shipped, received or accepted,r as to any pHo r subsequent default hemtladnor shall nshall any purported oral modification or reaudsond of this purchase order by the Puo:bpro r operate as a waiver of any or the emu hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller -it the Purchaser recognize that in actual a m m is practice, overcharges resulting train violations are in fact home by the Purchaser. Theretofore,nf economic move and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hemoticr acquired under federal or sue antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If tho Purchaser directs the Seller to correct nonconforming or defective goods by a date as W agreed upon by the Purehad and the Seller, and the Seller /hereafter indicated its mablld, or m villibudw. a comply. the Purchaser may cause the work to W performed by the mind expeditious means available to it, and the Seller shall pay all cos. aerm or ed with such work. The Seller shall release the Purchaser and is contractors of any tier but all liability and claims of any metre resulting but 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 of such party. The Settees convecmal obligations, including warranty, shall not be deemed to W reduced, in any way, because such work is partarrou or caused 10 be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, des'id, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hannlds the Purchair fmm my and all claims for infringement by reason of the use of such patented design, device, material or prioress in correction with the convect, and shall indemnify the pmcbaer for any cost, expense or damage which it may the, obliged to pay by neavn of such infringement at any time during the prosecution or after fc completion of the work. In asc said equipment, or any part thereof or the Intended use of rare good, is In such it held 10 ronstime infringement and to tau of said equipment or Fn is enjoined, the Seller shall, at its own expeme and at its option, enter procure for the Purchaser the right to continue using said equipment or pm., replace the same with substantially equal but prod fn'nging equipment, or modify it an it becomd noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bardmp. make an aulgmnem for me bidet of creditors, appoint a or We for any of the Sellers property or business, this order may forthwith W dnceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall be cautioned under and governed by the laws of the Sete of Colomdo, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hermnder, including the services of Sellers Representative(s), on me premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said want, at Sellers own risk .,it the same . fully complctW and accepted, and shall, in case of any accident, deduction or injury to the work and/or matmal, before Series final completion and acceptmce, complete the work at Scllcls own expense and to ter satisfaction of the Purchaser. When maenak and equipment are filmished by others fun population or erection by the Seller, the Seller shall receive, upload, store and handle same at the site and become rdpomible therefor as tough such ma'erials and/or dquipment were being monistical by the Seller under the order. 18. INSURANCE. The Seller shall, or his own expense, provide for the paymmr of workers mmidecition, including occuWtiowl disease benefits, to its employees employed as of in connedion with the work covert by 'his purchase Oadd, onbor to /heir dependmts in accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public liability insurance with bodily injury and death limits ofm least $300,000 for my one Person, $500 000 far my one accident and property damage limit per accident of S400000. The Seller shall likewise require his contractors, if any, an provide for such compensation and insurance. Before any Of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller that famish the Purchaser with a cenific tte that such compensation and insurance have been provided. Such col ficstd shall specify, the date when such ompmsatian and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation mat prouance shall W maintained until after the entire work is completed add accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller botchy mounne,ie entire rtspm.ibility and liability for any and all damage, loss orijury of my kind or vtve whalsaever to persons or property aloud by or resulting firma the execution probe work provided for in this purchase order or in correction herewith. Thc Seller will indemnify and hold harmless the Purehan add my r all of tbo purchasers officers, agents and employees from and against my and all claims, lossd, damages, changes or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaer may W put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his ontmou rs, or any of the Sellers or corporations officers, agents or employees. In case any suit or other proceedings shall W brought against the Purchase, or its officers, agents or employees at my it= on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their oRcers, agents or employees as oforessid. the Seller hereby agrees to assume the defame thereof and to defend the same at the Sellers own expense, to pay any and all rods, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained Manor the Purchaser Or my of its or their officers, agents or employees in such suns or other proceedings, and in case judgment Or other lien bo placed upon or obtained against he property of the Purchaer, or said parties in or a a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and dimbarged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fumifh and install all guard necessary for the prevention of accidents, comply with, all laws and regulations with regard to safety mclndiag, but without limitation, obe Occupational Safety and Heald Act of 1970 and all rules and regulations issued pursuant barren. Revised 03nOlO