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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9144243PO PURCHASE ORDER 914424er Page City of PURCHASE 243 f of z ' `tCollinsr This number must packing �.I on all invoices, packing sli s and labels. Date: 07/25/2014 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: 07/25/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i LEWSTONE CREEK TREE & SHRUB PLANTING & WATERING WO # LEWC14-HYDRO 1 LOT LS 7220 Water, WW Treatement & 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.com 21,390.00 :,Total $21,390.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I'amHMO] 9a M1TWIT,r[KdrTrlT6ri� Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By smut, the City of Fort Collins is exempt from state and local taxes. Can Exemption Number is 98-0g502. Federal Excise Tax Exemption Certificate of Registry 84b000587 is registered with the Collector of Internal Revenue, Demer, Colaudo (Ref. Colorado Revised Sututa 1973, Clapmr 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification. either when shipped or due to deficits of damage in masit, may be retumrd to you for credit and are rot to be replaced except upon receipt of written inwctlons from the City of Fort Collis. Inspection. GOODS am subject in the City ofFom Collins inspection on arrival. Final Acceptance. Receipt of eve merchandise, services m equipment N response to this order can result in authorized Raymond on the flat of the City of Fall Collins. However, it is to be undecouod that FINAL ACCEPTANCE 6 dependent upon completion of all applicable required inspection procedures. Freight Tema. Shipments must be TOL.. City of Fort Collins, Bad Woad St., Fort Collins, CO 80522, unless otherwise specified on this order. If petmission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distribi ing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made Iyom greater distance. Permits. Seiler shall pnoure at sellers sale cost all necessary permits, c rfificntes and licenses original by all applicable laws, regulations, ordinances and roles of the suite, 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 fonder agree in hold the City of For Collins hamiless from and against all liability and loss andned by them by reason of as mr,mud or established violation of any such lordinances,s, regulations, ordinances, rules requirements. Authorization. All parties to this contract agree Nat the representatives are, in fan, bow tide and or.. full and complete authority to bind said panto. LIMITATION OF TERMS. This Purchse Order expressly limits acceptance to tbe terms and condition ruled herein act forh and any mpplemenury or additional terms and conditions annexed hereto or imorponlcd herein by ufrenee. Any adrift..[ m different Proms and condioos proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou canna make complete shipment to arrive era your promised delivery date as noted. Time u of the essence. Delivery and perfo mmnce must be effected within the time stated on the purchase older and the documents attached fierem. No acts of the Purchasers including, without limitation, accepumc of partial hire dichvmes, shall operate as is waiver of this prevision In Or event of any delay. the purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, me Seller shall not be liable for damages ss a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acre fGM. are, of civil of military malmaum,, gorampro sal pnonties fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fur received knowledge thereof, In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller wirmams that oil goods, ankles, materials and work covered by this order will conform with applicable dmwings, specifications, samples and/or other descriptions given, will be fit for floe purp ors intended, and performed with the highest degree of care cord competence in accordance with accepted standards Or work of a similar none. The Seller agrees to hold the parchaser harmless form any lass, carnage or expense which the Purchuser may suffer or incur on account of the Sellers breach Pf warranty. The Seller shall replace, repair tar make good, without cost to the pufchaser, any defects or faults ensing within one (1) year or within such longer period of time as may be pnocnbed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance offer goad fumiched hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mmmals famished by the Seller. Acceptance or use of good by the Pumhsscr shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability here older shall extend to all damages proximately caved by eve breach of any of One foregoing warranties or gwmmees, but such liability shall in no event include loss of prefirs or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal lama by w-rown change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lean, other than legal terms, including addition to or delrtions from the quamitm, originally ordered in the specifcatios or drawings, by verbal or isrumn change under. If any such change affects the amount due or the time of peRonnance limmanfer, an equitable adjutment shall be made. 6. TERMINATIONS. The purchaser may at any time by written change older, terminate this agreement as to any or all portions of the goats then not shipped, subject to any equitable adjustment between the ponies as to any work or materials then in Jao,PP provided that the Purchaser shall not be liable for any claims for anoripawd profies on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be mode in favor of the Seller with respect to any gaud which are the Sellers standard stock. No such wrninmion shall relieve the Purchaser or the Seller of any of their obi igatios as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for idjsmtenl must be asserted within thirty (30) days from the Jae the change ,, tanninmion is ordered. 8. COMPLIANCE Will H LAW, The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws rod regulation to which the .it, arc subjem. The Seller shall execute and deliver such documens ss may he required to efrEm in evidence compliance. All laws and regulations required to be me rpoolted in agreements of this character ure hereby inemrponted herein by this reference. The Sella agrees to indemnify and hold the Puschasa harmless from all wsm and damages suffeml by the Pumhaur ss is remll of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall satin, usfer, or convey this order, or any motors due or an became due hereunder without the prior women consent oftlm other pony. 10. TITLE. The Seller warrants full, clear and unrestricted ode to the Purchaser for all equipment, onmeoals, and items fumiched in iserfimparm of this egreemenL f and clear of any not all liess, resWaioss, csenatimed. —611 Primed encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchases to mrseat upon strict performance of the lertm and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of breacM1,me acceptance ofor payment for goods heremWer or approval of the design, shall not release the Seller of any of Or warranties or obligations of this purchase never slid shall not be domed a waiver of try right of the purchaer to iraut upon strict pefomance hermfor any of its lights or rnnedies as to any such good, regardless of when shipped, received in accepted, as to any prior or subsequent default hereunder, nor shall any purported Poll modification or rescission of this purchase order by the Purchaser operate n a waiver of any of the terms hereof 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and tlrc Purchaser recognize that in acual exacarmannic practice, overcharges resulting from antitrust violations are in fact borne by the Purchases Theretofore, for good cause and s consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired model federal or site antitrust laws for such overtlurges retaoing to the tomicalm goats in services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I the Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its imtbiliry or unwillingness to comply, the purchaser may cause the work to be performed by the most exp,hou t, means available N il, and One Sella shall pay all costs awceinrrd with such work. The Seller shall mlerse the Purchaser and its conowma of any our from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pally released and shall extend to the directors, officers and employees of inch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by eve Purchaser. lik PATENTS. Whenever the Seller is rryuired to use any design, device, material or prrcess covered by letter, Faren4 tmdemah or copyright, the Seller shall indemnify and save harmless the Puchasro tram any and all claims for infringement by reawn of the use of such Potential design, device, material or process in connection with the contract, and shall indemnify the Puon tlenwr fur any cost, expense or damage which it maybe obliged to pay by reason of such minuteman at any time during the prosecution or oiler the completion of the work. In case said equipment, or any pan dwroof or the intended use of the goods, is in such suit held to 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 Purehaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipment, or modify it sat it becomes naninfi nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for any of be Sellers property or bceirou , this order may forthwith be canceled by he Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the intarpreution ofthe agreement and the rights Pf all polies ham filer shall he construed under and governed by the laws of the State or Colorado, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, ses epx including the services of Sellers Rrenative(s), on the premises Prothro. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted, and shall, in au of any aecidenL destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Puchaser. Wben matmols and equipment are f ished by others for instillation or election by the Seller, the Seller shall receive, unlood, store and handle same at the site and become responsible therefor as though such Permits andor equipment were being fitmished by the Seller under the older. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including «xupat opal disease factories, N its employees employed on or in connection with the work covered by this purchase older, and/or to their dependents in accordance with the laws of the slate in which the walk is in be done. The Seller shall also carry comprehensive general liability including, but not limited to, contrmdual and aummobile public liability insurance wish bodily injury and death limit. of at lest 5300,003 for any one person, 5500.IX33 for any one accident and property damage limit per accident of 5000,000. The Seller shall likewise require his conventions, if any, to 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 shall f ish the Purchaser with a cenificam Nat such compensation and inaturverce have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ccri0mme shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and Insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. T he Seller hereby assumes the entire responsibil by and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or pmpeny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold brand s the Purchaser and any r all of the Pufhaers officers, agent and employees Iyom and again any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pmchasef may be put or subject by reason of any act, action, neglect, omission or default on the pad of the Seller, any of his cnnacmrs, m any of the Sellers or mntmctors officers, agents of employcesr In case any suit or other, proceedings shall be brought against the Purchaer. or its oMe.. agents or employees at any time me Plenum nr by reason of my act action, neglect, omission or default of the Seller of my of his contractors or any of its or their offer , agents or employees as aforesaid, the Seller hereby egrcer to assume the defense dwrmf and to defend the same at the Sellers own expense, to pay any and all costs, charges, atromeys fees and offer expenses, try and all judgments Out may be incurred by or obtained against the Pmchser or any of its or thew officers, agents in employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a read of such suits or otter proceedings, One Seller will at once cause the same b be dissolved and ducharged by giving bond or otherwise. The Seller and his contractors shall take all surety precsatiow, famish and install ell guard naesury for eve fluctuations of accidents, amply with all laws and regulations with regard to safety including, but withom Forman, the Gravitational Safety and Health Act of 1970 and all ales grad regulation issued pursuant thereto. Revised 072014