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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9143908PO PURCHASE ORDER 914390er Page i'117f of PURCHASE 9143908 1 of 2 C6rt Collins This number must appear //_^,,`�—J`_' " 1 on all invoices, packing sli s and labels. Date: 07/14/2014 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: 07/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 GRANDVIEW AVE VALVES PHASE II WO # HCO0214 1 LOT LS 7220 Water, WW Treatment & Site Infrastructure Design 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.00m 294,038.00 Total $294,038.00 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 Fan Collins is exempt iron state and local taaa. Our Exemption Number is 9"502. Federal Exam Tax Exemption Certificate of Registry gb6000581 is regiseml with the Collector of Internal Rwcnue, Denver. Colorado (Ref. Colorado Revised Statures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due TO failure to meet specifications, either when shipped or due in defects of damage in commit may be retuned to you for trait and are not to be replaced except upon receipt of wrinen ammtctions man the City offal Collins. Inspection. GOODS ate subject to the City affair Collins inspection on arrival. Final Acceptance. Receipt of the machandise, services or equipment in rcspne to this order am result in anihoriaed payment on the part of the City of Fort Collins. However, it is to be andanol thatFINAL. ACCEPTANCE is dependent upon completion of all applicable nyuired inspection procedures. Freight Tem.. Shipments most be F.O.B., City of Pon Collins, 700 Wood St., Pon Collins, CO 80522, unless Otherwise strecilia On this order. If permission is given to prepay freight and charge separately, the original freight bill must occompeny invoice. Additional charges far packing will not be accepted, Shipment Distance. Where manufacturers have d¢uibuting points in various pans Of the country, shipment is expected fmm the immat distribution From to democratic. and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure an sellers sole cast all Treasury pwni., certificates and banner cardinal by all applicable laws, regulations, ordinances and tales ofthe state, municipality, territory or political subdivision where The work 6 performed, or requires by my other duly consritura public authority having jurisdiction over me work of crude,. Sella Police agrees to hold the City of ran Collins hornless from and against all liability and loss incurred by form by reason of on assumed or established violation of any such laws, regulations, ordlnmas, mles and requirements. Aathoiantion. All Forties to this common ogee dial die representatives are, in fieL bum fide and possess full and omplum..,hadry to bind said panics. LIMITA3lON OF TERMS. This Purchase OMer expressly limn. acceptance to the TO. and conditions stars human set forth and any supplementary or additional tenor and conditions mnexed hereto or incorprmed herein by reference. Any additional or different tent and condition proposes by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete .shipment to move on your promised delevery data m noted. Time is Of the awme. Delivery and perl'omtma mast be efbcmd within the time stated on the purchase onla and he documents attached hereto. No acts of the Purchasers including. without Intonation, accept..,, of partial late deliveries, shall operate ns a waiver offins provision. In the event of my delay, the Paahnsu shall have, in addition t,, ether legal and equitable remedies, the option of placing (his 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 Tames not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such x. of God, acts ofcivd or military authorities, governmental priorities, fires, strikes, hood, epidemics, wars or riots provided that notice of the conditions causing such delay is is. to the Purchaser within five (5) days of the time when the Seller fen received knowledge thereof. in the event of any such delay, the date of delivery shall IN extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller was ,.arm that all goods, amides, mmmals as work covered by this order will confomr with applicable drawings, specifications, samples andnar other description given. will M fit for the purposes amerced and pear ed with the highest degree of core and competence in accordance with accepted standards for work of a imilar relate The Seller agrees ro hold the pmcbsear harmless from any loss, damage or expense which t1ce Provincial may suffer or a.., oa accent oFilm Sellers breach of oormnt, The Seller shall replace, repi, or make good, without cost to (ere purchaseq my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the temp of my applicable warranty provided by rise Seller after the data of acceptance of the goods burnished hereuMtt (aecmurce not to be unreasonably delayed), resulting from unpatect or defadve work done or materials famished by the Seller. Acceptance or Use of goods by the Purchaser shall not ostiroe a waiver of any claim under this warranty. Except m otherwise provided in this purchase oNer, the Sellers habit try hereunder shall extend to all damages proximately caused by the breach or any of the foregoing warranties Or guamnmes, bur such liability shall in no event include loss Of profits or loss of use NO IMPLIED WARRANTY OR MERCHAN I'ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes t0 Iegal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletiaru from the intuitionist originally ordered m The specifications or drawings, by serial or written lunge order. If my such change affccn the amount due or the time ofpabomtance hereunder. an ewiiable adjustment shall be made. 6. TERMINATIONS. The Follower nay at any time by written change order, taminv a this agreement as to any or all ponlos of the goads then not shipped, subject a any variable adjustment baween the pain n to my work or materials Teen in airlines provided that the Purchaser shall nor NO liable for my claims for anticipated prof. an the uncompleted portion of the goods atdmr work, for incidental or costyucmial dmnagas, and then no such adjntment be made in favor of the Sella with respect to my gods winch art me Sellers standard swek. No such termination shall reline the Purchaser or the Seller crony of their obligations as to my goods delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be, resened within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warranty Char all goods sold hereunder shall have been produced sold, delivered and fumished in strict compliance with all upplicuble laws and regulations a which the goods are subject. The Seller shall execute and deliver such documents as maybe required to effect in evidence compliance. All laws and regulations required to be ncorpommd in agreements of this characmr are hereby inoryrmted herein by this reference. The Seller agrees to indemnify and hold the Purchaa harmless fmm all casts and damages suffered by the purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither 11 shall assign, mansfr, or convey This order or any monies due or To become due hereunder whlmm fe prior women cement of the other parry. 10. TITLE. The Sella warmrs full, clear and annunciated Title to the Pufchser for all equipment materials. and items fumished in performance of this ageemen5 f as clear of any and all liens, restrictions, tamwurns. sectriry interest enlargement and claims ofo 11 ILNONWAIVER. Failure of the Purchaser to insist upon strict performance of the telex and conditions hereof, failure or delay to exercise sty rights or menages provided herein or by law, failure to pmmpoly notify the Sella in the event of a breach, the xcaptana of., paymenr for gods hereunder err approval of the design, shall not release the Seller of any of the war snit or obligations of this purchase order and shall rot be deemed a waiver of any right of the purchaser to insist a,. stria performance haeafm my of its rights or remedies ss many such goods, ramodless of when shipped, received or accepted, as to my prior Or subsequar default hereunder, nor shall my purported ami modification or rescission of this purchase order by The Purchaser operate as a ounce of any of the terns haw(. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser ranguise that in .coal economic practice, overcharges reaping firm antitrust viaticums am in fact home by The Pumhasa. Th... U fore, fangood Or. and cos wnsiderotino for execming this purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter acquires under federal tor state munnost laws for such as'ercharges relating to the paneerdr goods or services purchased or acquired by the Purchaser pursuant m this purchase order. 11 PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direct the Seller to career nrnronfomnum or defective gouda, by a date to be agree upon by the Purchaser cod the Seller, and the Seller thereafter indicates its arability or unwillingness to comply, the Purchaser envy Or. the work as be perforated by the most expeditious means available to it, rand the Seller shall pay all costs associated with such work. The Sella shall release the Purchaser and its contractors of any tier form all liabil try and claims of any nature resulting boom the performance of such work. This release shall apply even in the event of fault of negligence of tlr party released and shall mend to the directors, officers and employees ofsuch pry. The Sellers conimctml obligations, including warmer shall not be danced in be reduces, in my way, baause, such were is performed or tensed ro be performed by the Paoli 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, Trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design device, mmerial or process In connection with the cotro d. and shall indemnity the Puchaer far any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosannion or after the completion of the work. In case said aunmeem, or any pan thereof or the intended use of the goods, is in such suit held in constitute infringement .and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right o continue using said equipment ar pans, replace the same with substantially ba l but ouinfrm ing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftettn used or the interpretafion offe agreemot and W rights of all panics bartender stall be cwwUWdI anda and governed by the lax, rfmc State ofColomdo, USA. The following Additional Condition apply only in when, the Sella is to Mr.. wed, neremder, including the services of Sealers Reptwentativjs), on the premises ofothen, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wed at Sellers own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to The work and/or materials before Settees anal completion and acceptance, complete the work a( Sellers own expense and o the satisfaction of The Producer. When mmeriAx Old equipment art famished by others far oscillation Or erection by the Seller, The Seller shall receive, unload, store and handle same at the site and become responsible therefor ns Though such caused k and'or equipment were being famished by the Seller under The order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compesation, including occupational disease benefits, to its employees employed on or in marection with the work covered by this purchase order, mdor to their dependents in accordance with the laws of the stale in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but nor limited on. contmdml and automobile public liability insurance with bW ily injury and death limits of ar least S300,000 for any one Person, SSW." for any Tomaccident and properly damage limit per accident of S400,000. Thuire e Sella shall likewise reqhis racmrs, if any. to provide for such compensation and iconnection, Before any of the Sellers or his contract. employees shall dr, any work upon the premises of others, The Seller shall furnish the Purchaser with a certificate That such ompnmtion and insurance have been pronded Such anificates shall specify the date what such compensation and insurmce have been provided. Such certificates shall specify the date when such containment. and insurance experts. The Seller agrees Wr such compensation and insurance shall he maintains until after the ratite work is completed and armaj L 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby incomes the entire responsibility as liability for any and all damage, loss or injury of any kin or nature whaaoner to persons or property caused by or resulting boom the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold b ,.rat the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and ell claims. ]cases, damages, charges expert whether direct or indirect, and whether to personsor property to which the Purchaser may be put or subject by reason 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 suit or other proceedings shall be brought against the Purchaen or its Otfcurs, agents or employees or any time oa account or by reason of any act, adeon, ocular, omission or default of the Seller of any Of his contractors or my of its or their officers, agents or employees as, aforesaid, the Seller hereby agrees o assume the defense thereof and to defend the some at the Sellers own expose, to pay any and all cs., charges, anomcys fees and other expenses, my and all judgments that may be incurred by or obtained against the Fullmer or any of its or their officer, agents ar employers in such suns or other prnecial ri and in exam judgment or other lien Im placed .,an or Obtained apisnhe property of the Purchaser, or said polo in or as a result of such suits or other proceedings, The Sella will at once cause the same to be dissolved and discharged by giving bus or otherwise. The Seller and his contractors shall take all safety pra nitiom, bullish and istall all guavas necessary for the prevemim of accidents, comply with all has and regulations with regand o safety including, but without limitation, the OccuptiWal Safety as Health Act of 1970 aod all rules and regulation issued D rmorm thereto. Revised 03Rolo