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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9143856PO PURCHASE ORDER 914385er Page C117/ of PURCHASE 856 1 of z ' `t Collinsr his number must appear ` \.I ' 1 on all invoices, packing sli s and labels. Date: 07/09/2014 Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 07/0912014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price I CONSTRUCTION SERVICES FOR WTF SOLIDS CONTAINMENT BERMS 1 LOT LS 7220 Water, WW Treatment & Site Infrastructure Design Construction PROJECT - WO # HYDRO-WTF BERMS-2014-1 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 238,356.00 Total $238,356.00 - 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. Tan exemptions. By statute the City of Foot Collins ¢ exempt from state and local taxes. Our Exemption Number is 11. NOHWAIVER. 98 04502. Federal Excise Tax Exemption Certificate of Registry g4L00o587 is registered with the Collector of Failure of the Pmchad to insist upon stain performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any ngh a or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, fie acceptance of Or payment for gaud hereunder or apprm'al of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications. either when shipped m due to defects of any ortbe wrommies or obligations of this purehau order and shall not be deemed is waiver of any right of the damage in nansit, may be resumed to you for credit and are rot to b, replaced except upon receipt of contain purchaser m insist upon inert perfomaame hereofm any of its rights or remedies as to any such good, regardless instioctions 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 teems Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof Final Acceptance. Rurapt of the m orleadise. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on me pan of the City of Fort Collins. However, it is to be understood that FINAL Sella and the Purchaser recognize that in azmal ec is practice, o erehmgresulting from actions, a ACCEPTANCE is dependent upon completion efull applicable required inspection procedures. violations arc in fact home by the Pumhaser, Theretofore, for good cause and a consideration for external, this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have Or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fon Collins, CO 80522, unless acquired under federal or sure aromatic laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight said charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill mull accompany invoice. Additional chargers for Packing will nor W accepted U. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. Shipment Distance. mnnutorreri have Jianlbminand tntsin various, parts countryIfivoiew is a career delbci m be Ne on by the Purchasershoutsthe SellerI.niter thee.Where catul fmm distributor o destination, and excess freight will be deducted from lnvuice when normin6or ry or unwillingness comply, she Purchaser Purchaser theSellerthereafter exec cs its iwbiliry or Purchaser err and the indicatescomply, shipment shipments are male from greater distance. made gr work to be performed by me most expeditious mean awilable no it and the Sella shill pay all nee, us work on F r p available .it,d may cause me costs assoeated with such work. Permits. Seller shall procure at sellers sole cost all necessary Permits, ocrificates and licenses requited by all applicable laws, regulations, ordinances and ores ofthe stare, municipality, Ierritory or political subdivision where the ..,it is perfomned, or required by any other duly constituted public authority bavingjurisdinien sort the work of vendor Seller further agrees to hold the City of Fon Collins harmless fmm and against all liability and loss incurred by them by reason of an wounfical or established violation of any such laws, regulations, oNire rev, ales and randrements. Authorization. All parties to this contract agree that the reprcsenbstives ere, in Ud bona fide and possess fill and complete submit, m bind aaid ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the .turns and conditions stated herein set finch and any supplementary or additional terms and conditions accusal hereto or incorporated herein by reference. Any additiond or diferenl terms and cnedhiom pmpnud by seller are Objecfcd to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENTimmediately if you camel make complete shipment r arrive on your promised delivery d re a noted. Time is of the cashes. Delivery and performance rater be eBLcted within the time stater on the p..base order and the documents marcl i hereto. No acts of the purchases including, without Ilmiinfirm, acceptance of,anal late deliveries, shall operate.as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition In other legal and equ sable remedies, (he 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 muses not reasonably fomueable which are beyond its reasonable control and without its fault of negligence, such ads oFGW, aces of civil or military authorities, governmental priorities, fires, smlss, flood, epidemics, wars or nods provided that notice Of the conditions causing such delay is given to the Purchase 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 ryno[ to the time normally lost by reason of the delay. 3. WARRANTY. The Seller ounces that all gW[b, articles, malteds and work is,ered 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 competence in accordance with accepted snndmds for work Of a 'mile nature. The Seller agrees W hold the purchaser harmless from any loss, damage or expeae which the Purchaser may stiffer or incur on amount c f the Sellers breach of warrmtty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of Irate as ony be prescribed by Inca ter by the terms of any applicable warranty provided by the Sella after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defeedive work done m materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not mnnime a waiver ormy claim under this warranty. Except a otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately ...it by the breach of any of the foregoing warmmla or guarantees, but such liability shall in no event include lass of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES He LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CI IANGES IN CObIMERCIAL TERMS. The Parchrour may make any rbanges w, the t whet than Icgol le including additions m im or deletrs fmm the gmmitics originally om—d in the specifications or drawings, by verbal or written change order. If any such change inflicts the amount due or the time of perfnnmmce hereunder, an equitable adjustment shall W made. 6. TERMINATIONS. The Purchuer 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 panics as to any work or materials then in pmgress Provided that the Purchaser shall cat be liable for any claims for mfiOrmcd profits on the uncompleted portion of the goods andfr work, for incidental or ecnsequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller worry of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjusmen, must be oseted within may (30) days from the dare the change or eurminsu n is ordcrcd, g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold bererder shall have been produced, sold, delivered and banished in strict compliance with all applicable laws and regulaiom to which the good arc subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requital to be incorporated! in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the purchases harmless from all costs and damages suffered by the Purchaser or a result Of she Sellers fniluse to comply wish such law_ 9. ASSIGNMENT. Neither parry, shall assign, transfer, or convey this order, Or any monies due or to became due hereunder without he prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Pmchaa for all equipment materials, and items furnished in performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security intent meumbrances and claims ofnhers. The Seller shall release the Purchaser and its comments; of any tier mini all liability and claims of any nature resulting from the perfonnan o 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 pray. The Seller's contractual obligations, inclnding warranty, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, desire, material or process covered by letter, patent, trademark Or mpynght, the Selle—laill indemnify and save harmless the Purchaser from any and all claims for infringement by rwaon of the use of such parented design, device, material or process in connection with the mmlract and Hill indemnify the Pmebssa fir my cost, eapcese m damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or oiler the completion of the work. In case said equiFmenm or any pan greater or the intended use of tht good, is in such suit held to constirm infdngemem and the use of said equipmetn Or pan is enjoined, me Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pats, replace the same with substantially equal bat incriminating equipment, or modify it so it becomes commingling- 15. INSOLVENCY. If the Seller shall become insolvent or bankmpq make an assignment for the benefit of creditors, appoint a or vustee for ony of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Ofterms used or the interpretation of the agreement and the rights of all ponies hereunder shall be construed under and govemed by the laws Of the State of Colorado, USA. The following Additional Conditions apply only in cancer where fire Seller is to perform work hereunder, including the services of Sellers Repreuni ivc(s), on the premises of orders. IT. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case Of any accident, destruction or injury to the work andsm materials before Seller frail completion and acceptance. complete the work in Sellers own espeese and or the satisfaction of the Purchaser. When materials and rluipment are Iwnisland by others for installation or erection by the Seller, she Seller shill receive, instant, store and handle same at the site and become responsible therefor as though such ma¢dals surfer equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, pmvide for the payment of worker compensation, htcludiog oceulmiOlal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, torpor to their dependents in accordance with the Fars of the state in which the work is no be done. The Seller shall elm cary comprehensive general liability including, bur not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,090 for any one person, 5500." for any One accident and prolsvry, damage limit per accident of S4010,000. The Seller shall likewise require his ommnors, if any, m provide for such compression. and insurance. Before any of the Sellers or his contacors employees shall de any work upon the premises of others, the Seller shall donnish the Purchaser with a certificate that such compensation and insurance have been provided. Sucb cenificotes shall specify the date when such compensation and issuance have been provided Such certificates shall specify the date when such compensation and insurance spires. The Seller agrees that such compenwtion and insurance shall b, mainui d until mer the entire work is templded and accepted. 19. PROTEC PION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respoaibiliry and liability for any and all damage, loss or injury of any kind or more what erio persons or property caused by or resulting fivers the execution of the work provided for in this purchase outer or in connection herewith. The Seller will indemnify and hold harmless the Punctuator and any r all of the Purchasers oRcers, ago¢ and employees from and against any and all claims, losses damages, charges or expenses, whether direct or indimct and whether to persons ter property m which the Purchaser may be put or subject by reason of any act, action, neglmt, omission or default On the pan of the Seller, my of his comm on, or any of the Sellers or contractors ofiiars, agents or employees. In case any suit or other proceedings shall be bought against the Puncmsa. or its officers, agents or employees at any time on account or by rassan of any act action, neglect omission or default of the Seller of my of his committers or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees a assume the defense thereof and to defend the same at the Sellers awn expense, in pay my and all costs, charges, attorneys fees and other expennes, any and all judgments that may be incurred by or obtained against the Purchaser or my Of its or met' oRcers, agents or employees in such suits or other pmceMings, and in case judgment or other lien he placed upon or Obtained against the progeny of she Purchase, or said ponies in or a a numb of sucM1 suits Or other pmeeNings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwiu. The Seller and his contractors shall take all safety precautions, famish and iturall all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Orvpatioml Safety and Health Act of 1970 and all tales and regulations issued pursuant thereto. Revised 03p 010