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HomeMy WebLinkAbout109420 HYDRO CONSTRUCITON CO INC - PURCHASE ORDER - 9143909PO PURCHASE ORDER 914390er Page C117/ of PURCHASE 43909 t of z Flirt Collins[ This number must appear ��/`I ` V " 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: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 07/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WO # H-WRF-2014-8 CONSTRUCTION 1 LOT LS 33,389.00 SERVICES FOR MWRF NON -POT PUMP REPLACEMENT 7220 Water, WW Treatment 8 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,mm 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 Coll ins is exempt train state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance.for payment for goods hereunder or approval of the all shall rat o lease the Seller of Goods Rejected. GOODS REJECTED due an failure m meet specifications, either when shipped or due to ddecrs of MY of the warranties or obligations of this purchase occur and shall not be deemed a waiver of my right of the damage in transi , may be retuned to You for credit and are not to W replaced except upon rma,a of woven purchaser t. insist upon strict performance hereof or my of its rights or remedies as to any such good, regardless instructions fora the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hmandev nor shall any puryoned oral modification or rescission of this parcbue order by the Purchaser operate m a waiver of My of Me terms Inspection. GOODS art subject o the City afford Collins inspection on arrival, hereof. Final Acceptance. Ronald of the merchandise, sluices or egarpmmt is response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of Me City of Fort Collins. However, it is to be understand thin FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion .fall applicable required inspection procedures. violations are in fact home by the Purchaser. Thereroffe nfotr good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all Claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of For Collins, 700 Wood St.. Pon Collins, CO 80522. unless acquired under federal or state amiwst laws for such Overcharges relating to the particulm goods or services otherwise specified on this order. Upermission is given to prepay freight and charge s,..Iy, the mi,iml freight purchased err acquired by the Purchmer pursuant I. his purchase orde, bill must accompany invoice. Additional charter for Parking will not be comaded. Shipment Distance. Where minuformat, have distributing points in various pans of the country, shipment is expected from the .arrest distribution to, to destitution, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure al sellers sole cast all necessary permits, certificate and licenses squired by ell applicable laws, regulations, ordinances and ales of the state, municipaliry, mrrifry or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vend.,, Seller further agrees to hold the City of Fan Collins harmless from and ii,imt all liability and lass incurred by them by reason of an asserted or established violation of My such laws, regulationu, ofdbances, roles arm recaicitr nts. Authonivation. All parties to this contract agree that the representrom arc, in fact. boar fide and possess full and complete auth triry do bind said pries. LIMITATION OF TERMS. This Purchase Order expowaly limits acceptance ra the iemu and conditions sited herein set forth and any supplementary ar additional tarts and conditions annexed hereto or incorporated herein by reference. Any additional or different crms 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 arrive on your promised delivery due as noted. Time is of the essence. Delivery and performance must he effected within the time stafnf on the purchase order aM Me documents attached hereto. No rout of the Purchasers including. without limitation, acceptance, of pavul late deliveries, shall operate as a waiver ofmis provision In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler liable for damages. However, the Scller shall or be liable for damages as a result of telays due to moves not removably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, are, of civil or military authorities, governmental prienties, fires, strikes, food, epidemics, wars ar riots provided thin 0 are of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller ❑net received knowledge thereof, In the event ofany such delay, the dte afdelivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warrants teal all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples =War offer descriptions given, will he lot for the proposes intended, and performed with the highest degree of care and competence in accordance with aceryred sandards for work of a similar nature. The Seller agrees to hold me purchaser hanaless from any lass, damage or -pare, which the Purchmer may sufferer incur on several of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any decors or faults arising within one (1) year or within such longer period of time as may be prescribed by law ar by the terms of any applicable wammty provided by the Seller afar the date of acceptance of the good promised hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or ram®als finished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of My claim under this warranty. Excryd-mhawise provided in this purchau order, the Sellers liability hereunder shall extend an all damages proximately caused by the breach of any of the foregoing wamamm, or gexran ass, bud such liability shall in w at include loss of profits or lass of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE. SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may mike any changes to the teems, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change ofTmis the amount due or the time of performance hcremmmkr, an equitable alinement shall be made. 6. TERMINATIONS, The Purchaser may at my time by exchat change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjmtmenl between the parries as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated prefix on the uncompleted portion of the goad and/or work, for incidental or consequential damages, and Ilan no such adjustment be made in favor of the Seller with respect 1. eny goods which arc the Sellers standard stock. Nit such termination shall relieve the Purchaser or the Seller of any of their obligation as to any grad delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustmeat most be assured within Miny, (30) days from the date the change or termination is marketed. S. COMPLIANCE WITH LAW. The Seller wommm¢ that all goods sold Remainder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations if which the goads are subject. The Sella shall execute and deliver such documents as may be required an effect or midence compliance. All iows and regulations required to be incorporated in agreements of this character are thereby incorporated herein by data reference. The Seller agrees or indemnify and hold the Purchaser harmless firm all costs and damages suffered by Me Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign tmmfe,, or convey this order, or my monies due or to became due hereuMa without the prior womm moment of the other Parry. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of this agreement, free and clear of any and all liens, reshicaure. reservations, security inaent autern ences and claims ofWher, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct rmmonforming or defective good by a date in be agreed Upon by. the Purchaser and the Sella, and the Seller thereafter indicmes its imbilry or unwillingness m comply, the Pushuer may cause Me work to be performed by the most expeditious means available to if, and the Sella shall pay all costs associated with such work. Poe Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature rea oar, loom the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pony released mail shall extend to the directors, officers sad emplorces ofsuch parry. The Sella, confmclu sl abfngatime, including warranty. shall On be deashil to be infrared, in any way, beci nse such work is paformN or caused m be unformed by the Purchaser. 14. PATENTS. Whenever the Seller is required 1. use any design, device, normal or process covered by lever, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason Of the me of such patented design device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by tenon of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or My pan thereof or the intended use of the goads, is in such suit held to mandate infringement and the use of said equipment or pm is joined, Me Seller shall, at its own expense arfd at its option, either procure for the Pantheism the right to continue rising said equipment or pars, replace the same with substantially equal but nonmfriaging ey.ipmcO,, or modify if so it becames m n fifir, ing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make M assignment for the benefit of Creditors, appoint a notiver err trustee for any of the Sellers property or business, this Order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The defnitiom afar. used err the interpretation of the agreement and the rights fall parties hereunder shall be consUued under and invented by the laws of the Sure of Colorado. USA. The following Additional Condilions apply only in cases where the Seller is to pa t.. work hereunder, including the servicesof Sellers Represma mweed, on duepremises of.ther, 19. SELLERS RESPONSIBILITY. The Seller shall carry an said work at Sellers own risk until the same is Polly completed and accepted, and shall, in se of my accident, destruction or injury to the work andam materials before Sellas final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and muipmem art fumuhal by others for modulation or erection by Me Sella, the Sella shall receive, unlwd, store and handle same at the site and become resporroble therefor as though such materials md/or equipmenl were beingf fished by the Sella under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupaional disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent' in accordance with the laws of the state 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 .fat least $300,0rO for any one person, $300,000 for any one accident and pmpny Manage limit per accident of 5400,000. The Sella shall likewise pecare his contractors, if any, to Provide for such compensation and insurance. Before any of the Sellers or his comoccmrs employees shall do my wade upon the premises of others, Me Seller shall furnish the Purehaser with a certificate fault such temporization and Memories, have ban provided. Such rafifates shaft specify the date when such mon,ansitima and it ram havetan provided. Such certificatesshall aperi IS 'he date what such mmpenmtion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until oiler the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hemb, assumes the entire respomiifiday and holiday for any end all damage, loss or injury of my kind r nature whatsoever to persons or property causN by or resulting from the ex¢ution ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purcbaer and my r all of the Purchasers afters, agents and employees fmm and against my and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default m the part of the Sella, my of his cmtmctors, or my of the Sellers or mntmcton officers, agents or employees. In curse any suit or other proceedings shall be brought against the Purchmer, or its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their ofrcen, agent nr employees as critical, the Seller hereby agrees to .assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, my and all judgments that may be Incurted by or obtained against roe Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon ar obuivnf against due p.,, of the Purchmer, or said parties in or as a result of such suits or other proceedings, the Sella will at once us. the same its be dissolved and discharged by giving bormd or otherwise. The Sella and his reactions shall take all safety preeminence, famish and mestall all guard necessary f the prevention of accidents, comply with all laws and minimum with regard to ofany including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thereto. Reviled 03I2010