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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9142654PO PURCHASE ORDER 914265er Page City. of 9742654 tofz Flirt Collins ins This number must appear /�,,;.\V`I V ` 1 1 on all invoices, packing sli s and labels. Date: 05/13/2014 Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 05/12/2014 Buyer: PAT JOHNSON N ote: Line Description Quantity UOM Unit Price Extended Ordered Price i WO # H-WRF-2014-1 CONSTRUCTION 1 LOT LS 148,333.00 SERVICES DWRF CENTRIFUGE FEED SYSTEM REPLACEMENT CONSTRUCTION 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 Total $148,333.00 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. COMMERCIALDETAILS. Tax exemption. By smmte the City of Fort Collins is exempt from state and local axes. Our Exemption Number is 98-04502. Fedefdl Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, l l4 (a). Goods Rejected, GOODS REJECTED doe to Polar, to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and art not to be replaced except upon receipt of written instructions from on City ofFon Collins. Inspection. GOODS art salter to the City offort Collin inspection on Prised. Final Acceptance. Receipt of the me¢haadiu, services; or equipment in response to this order can result in amhPiud payment on the Pan of the City of Von Collins. However, it is no be uvderstuol that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection proorderes. Freight Terms. Shipments most be F.O.B., City of Poo Collins, 700 Wood St., port Collins, CO 80522, unless otherwise specified on this order. If,.ission is given to prepay freight and charge separately, the original freight bill must accompany invoice Additional charges for picking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expensed from fie nearest distribution point in elimination, and excess fight will he dedueted from Invoice when shipment; ate made from greater distance. Permits. Seller shall procure at sellers sole cost all nttessary permits, certificates and he.. required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of pun Collins harmless from and against all linbilil and Ins. ed by them by reason of an asserted or established violation of any such Incas, regulutions, ordinances, tales incurred ndrromincaments, Aunhonvation. All paries to this contract name that the representatives are, in but. bona fide and possess full and complete authority to bind send ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions stated herein set forth and any supplementary or additional tams and conditions annexed Person or incorporated herein by reference. Any additional or different toms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immrdiately ifyou cannot make complete shipment to move on your promised delivery dam as rated. Time is ofdm essence. Delivery and Performance man be effected within the time stated on the porcha.e order and the documents atmcbed hereto. No acts of the Purchasers including, without limitation, acceptance of p trial lane deliveries, shall operate a a waiver ofthis provision. In the event of any delay, the Purchaser shall have, 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 .1 be liable for damages is a result of delays due to congas not reasonably foreseeable which are beyond its reasonable m ml am without its fault if negligence, such Pets on -God, Per, ofcivil or military authorities, govemmcnml pdorites fires, strikes, flood, epidemics, wars or riots provided that notice of the condition causing such delay is given to the purchaser within five (5) days of the time when the Seller first received knowledge thereff. In the event of any such delay, the time of delivery shall be extended for the period equal to the time actually lour by reason of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or offer descriptions given, will be fit for the purposes intended, and Performed with the highest degree of core and competence in accordance with accepted stodards for work of a similar nature. The Seller agrees to hold on purchaser hsmlew from any loss, damage or expense which far Purchaser may surer or incur on Prmot of the Sellers breach afwarguni The Seller shall replace, repay in make good, without cart to hie purchasing, any defects or faults rasing within one (1) year or within inch longer period of time a may be presented by law or by the tens ofeny applicable warranty provided by the Seller after the date of acceptance of the goods furnished here-M (acceptance not to be unreasonably delayed), resulting from imperfect or defective work dune or materials bowled by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this wananty. 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 warmu a or go nantees, bur such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change go legal gems by written change who. 5. CHANGES IN COMMERCIAL TERMS. The rundown may make any changes to the terms, other than legal teats, including additions to or delefn from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change afTects the amount due or the time ofpedormance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wtnen change order, terminate this agreement a to any or all potions of the got then not shipped, subject to any equitable adjustment berwe m the ponies as to any work or materials then in progress provided dot the Purchaser shall not be liable for any claims for anticipated patina on on —compleed pinion ofthe goads anNor work, for incidmtal or consequential damages, and that no such adjustmenl ha made in favor of the Seller with respect go any good which are hie Sellers Notation stack. No such gemuaralion shall relieve the pumhaur in the Seller of any of Nei, obligations a to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thin, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all goods sold hereunder shall have been produced, sold, delivered and f ished in strict compliance with all applicable laws and regulations to which the gad err subject. The Seller shall escrow and deliver such dicume n, a may be required to effect or evidence compliance. All laws and regulations mryired to he incorporated in agrccmenu of this character are hereby incorporated hrrelu by his gerereme. The Seller agrees to indemnify and hold give Purchaser harmlea from all cols and damages suffered by the Purrhaser a a result of the Sellers failure to comply will such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written common of the other piny. 10. TITLE. The Seller towards full, clear and urursuicted title in the Purchaser for all equipment, materials, and items fumuhed in performance of tow agreement, free and clear of any and all lien, restrictions, reservations, secunty, interest encumbrance and claims ofothers. 11. NONWAINER. Failure of the Purchaser to insist upon write performance of the terms and conditions hereof, failure or delay to exemise any rights or remedie provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall no. release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon street psol mare Pioneer or any of its rights or remedies a to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any rumored oral modification or raclaion of this purchase order by the Purchaser operate a a waiver of any of the terms horror. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognic, that in actual Fluorocarbon, ec o is practice, orcharges resulting from finfir at violations am in Get Prime by the Purchaser . ve for cause and a consideration for executing thin purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under fedeml or gone Pushing laws for such overcharges relating to the pniculnr goods or services purchased or acquired by the Purchaser pursuant to this purchnu order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. HIM Purchaser directs the Seller to comet nonconforming or defMive goods by a dam to be agreed upon by the Purebagef and the Seller, and the Seller thereafter indicates its mobility or -willingness to comply, the Purchaser may cause the wend, no be performed by the most expeditious mcaa mailable I. it, and ow Seller shaft pay all casts associated with such work. The Seller shall releae the Purchaser and its contractors of any tier ftom all liability and claims of any nature resulting from the performance of such work. This release stall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such pony. The Sellers contractual obligations, including warranty, shall not M deemed to be reduced, is any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. 1Vhenever the Seller is rrquired m-e any deign, device, tworial or process covered by letter, paten, medemPk or copyright, e Seller shall indemnify and save harmless the Purchasm and all traany aall claims for infringement try himason of the ere of such Emerged design, dens material or process in connection with the contacl, and that indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such infringement an 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 0 cautious, infringement and the use of said equipment or prat is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or pans, replace the same will substantially equal but twninGnging equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insalsent or haNmpn, make an assigamem for the benefit of creditors, appoint a receiver or trustee for any of the Sellers Tommy or business, this order may forthwith be canceled by the Purchaer wiWeut liability. 16. GOVERNING LAW. The definitions ofwmts wonder the interro m en ofthe agreement and the rights of all ponies hereunder shall be corstmed-der and governed by the laws ofthe Smte of Colomdo, USA. The following Additional Conditions apply only in taus when the Serer is to perforn work hemundeq including the service of Sellers fornme rime (s), on the premises of others. li. SELLERS RESPONSIDILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall. in u of any accident. destruction or injury an the work anther materials before Sellers final completion and accept ... r. complete he work at Sellers own expense and 1ti the gansfaetiri i of the Purchaser. Who. matmals and equipment arc furnished by others for installation or erection by the Seller, the Seller shell receive, unload, store and handle sane at the site will become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own eagerness, provide fat the payment of waders eamprnsadon, including oampatooal douse benefits, to its employees employed on o in connection with the work covered by this purchase order, and/or to then dependents in accordance with the taws of the state in which the work is to be dune. The Serer shall also carry compremosive general liability including, but not limited to, contactual and automobile public liability insurance with bolily injury and death limits of at least 5300,000 for any one Person, $50Q000 for any one accident and property damage limit Per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide far such compensation anti insurance. Before any of the Sellers or his contractors employees shop do any work upon the premises of other, the Seller shall fmnish the Purchaser with a cri ifcam that such compmtmiin and insurance have been provided. Such cenificams shall specify be dam when such compensation and insurance have been provided Such cenifimtes sbill specify the claw when such compeament and resonance expires. The Seiler agrees that such compeccation and insurance shall br maintained until after the entire wen: ls completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aaumes the engine respmcsibility mid liability for any and all damage, loss or injury of my kind or nature whatsoever to Persons or propmy caused by or resulting tram the execution Probe 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 officers, agents and employee from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Persons or property no which the Purchaser may M put or subject by reason of any Pt, into. negloel, omission or default on the pan of the Seller, any of his contacmrs, or any of the Sellers or contraetors officers, agents it employees. In came any suit or offer prmeedinp shall M brought against the Pmcbaser, or it officers, agents or employees at any time o common or by reason of my act obit, raglan, rim .. or default of the Seller of any of his comaetars err any of ins or their i ficers, agents of employees is aforesaid the Seller hereby agrees to assume the defense thereof and . defend the same at the Sellers awn expense, to pay any rid all tens, chmge, gnome, f cs and other estimates, my and all judgment that may ha incurred by or obtained against Ds, Purchaser or any of its or their officers, agena or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against the property Probe Purchaeq or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall Pike all ufcry precautions, fumish and install all guards necessary for the prevention of widens, comply with all laws and regulations wish regard to safety including, but without limitation, the Occupational Safety and Pl ahh Act of 1970 am all tale and regulations iuued pursuing Nero. Revised 032010