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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9144888PURCHASE ORDER PO Number Page City, ofs1aasss 1012 ' `t Collins Thisnumber must appear ` on all invoices, packing sli s and labels. Date: 08/25/2014 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: 08/22/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WO # H-WRF-2014-9 CONSTRUCTION 1 LOT LS 415,906.00 SERVICES FOR DWRF DIGESTER LID 611 REPLACEMENT -LID PURCHASE 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.com $415,906.00 Pay terms net 30 days 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. COFIMERCIALDEfA1LS. Tax exemptions. By same be City of Fan Collins is exempt from state aced I«al axn.Our Exemption Number is 11. NONWAIVER. 98,W5O2. Talent Excise Tax Exemption Cmificate of Registry ga-600058T is registered with be Coron , of Failure of the Tumbrel to insist upon stria Performance of the warms and conditions hereof, failure or delay w Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samres 1973, Chapter 39Q6, 114 (a), eximi,sc any rights or mmedles 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 ofNe design, shall not release be Seller of Goods Rejected, GOODS REJECTED due to failure to meet son ifcatimns, efiber when shipped or due to defects of any of the warranties, or obligations of this purchase order and shall not be d=med a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrimen purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions farm the City of Fort Collins of when .shipped, received or accepted, as to any prior or subsequent &fault hereunder, nor shall any purported oral mush fication or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subjnt m the City of Fon Collins inspection on arrival. hereof. Final Acceptance. Receipt of be merchandise, se r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the prat of the City of Fort Collins. However, it is to Its, understood that FINAL Seller and the Processor recogdze that in actml economic practice, o ,whages resulting from antitrust ACCEPTANCE is depend=t upon completion oral] applicable required impaction poucedre. violations are in fact home by the Purchaser. Themof rm,nforr good cause and us obeideation for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now lave or hereafter Freight Terms. Shipments mast be F.O.R, City of Fiat Collins, 70O Wood St, Pon Collins, CO 80522. unless acquired under federal or state antitrust laws for such overehanses coming to the particular good in scndces otherwise specified on this order If permission is given to prepay, freight and clarge separately, the mgiml freight purchased or acquhni by the Purchaser pursuant as this poach order. bill must accompany invoice. Additional changes bar packing will not be accrued. Shipment Distance. Where manufacturers have distnbming points in ciamms Wus of the country, shipment is expected fore the nearest disfb lam pi m destitution, and excess freight will be th dmost fore Invoice when shipuri are made fmm greater distance. Pennies. Seller bull Procure at severs sale cast ,it necessary permits, cenifcates and licenser required by all upplieable laws, regulations o bnmaes and rules of the sate, municipality, territory or political subdivision where the work is performed, or required by any other duly consracted public authonry having junaliaion over the work of vendm. Seller fuller agrees to hold the City of Fun Collins harmless firm and alabel all liability and loss incurred by them by reason of an asuned or established violation of any such laws, regulations, ordinances, rules and requirements. Authomeation. All parties m this contract agree that be regrew mitivee am, in fact, bona fide and possess full and mmplem auboriry to baud said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to Ne terms and conditions stated herein set forth and any supplementary or additional mmns and conditions =«wed hereto or inexpuneed herein by reference. Any additional or different terms 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 pmmisd del.wry date w ma,L Time is of the essences Delivery and Performance first be <ff=e d within the lime sated on the purchase order and the ducmnsnts Washed hereto. No ass of the Pnrchawrx including, without loula ion, acceptaaee ef,abol Ime deliveries, shall operate w a waiver -of this provision. In the event of any delay, the Purchaser, dell have, in a&sitim to other legal and equitable reenalies the 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 causes not reasonably foreseeable which are beyond its reasonable mound and without its fault of negligence, such acts of God, aces of civil or military amhonnes, governmental prionties, fees, strikes, Hood, epidemics, wars or rots provided Nat worse of the coMower, ausing such delay Is give. to the Pucbaser 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 fir the period equal eo the time actually lost by reason ofNe delay. 3. WARRANTY. The Seller warrants bar all goods, articles, materials and work covered by this cubic will conform with applicable dmwimgs, specifications, samples buffer other descriptions given, will be fit for the purposes intended, and performed with the highest degree of art and competence in accordance with accepted standards for work of a miler nature. The Seller agrees to bold the purchaser harmless from any lass, damage or expanse which the Purchaser may suffer or incur on account of the Sellers breach of wam rdy. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller alter the date of acceptance order gouek famished hereunder (acceptance not to be unreasonably delayed), resulting from Imperf et or defective work done or mmmus famished by the Seller. Accepance or use of goods by the Purchaser shall nor omtimm a waiver of any claim under this wan=ry. Except w otherwise provided in this purchase ordeq the Sellers .linbiliry hereunder shall extend to all damages proximately caused by be breach army ofNe foregoing watrmtics err gumantees bur such linbiliry shad in no evem include loss of profis or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10 legal corms by formed change order 5. CHANGES RJ COMMERCIAL TERMS. The If —haw, may make any changes 1. elm moms, other than legal terra, including additions to or deletions from the quanod es originally oubered in the specifications or drawings, by cabal or written ebange order. If any such change offers the amount due mire time of perfomance hereunder, an equitable adjtnstn¢nt shall be rude. 6. TERMINATIONS. The Purchaser may al any rime by wrimen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjalmeut between be parries as to any work or materials then in progress provided that be Pomhaser shall not b< liable for any claims for anticipated punts on the uncompleted random of the goods anNm work, for incidental or consequemial damages, and that no such adjustment be made in favor of the Seller with respect to any good which am Ill Sellers saMand stuck. No such temoindom shall relieve the Purchaser or be Seller ofany of their obligations as 1. any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusrmenr must ha asserted within thirty (30) days from be date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in mmm compliance with all applicable laws and regulations m which the goods are s ftpel. The Seller shall execute and deliver such documents as may h required m effect or evidence compliance. All laws and regulations required to ho incorporated in agreements of this character are hereby im.ar nmd hmeln by his reference. The Seller agrees In indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of be Sellers failure in comply wuh such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, many monies due or to become due hereunder without the prior "be. mrsmt of be order party. 10. TITLE. The Seller winnows full, clear and umesWcmd title to be Purchaser for all rywpmmt materials, and items rumored in performance of this agreement, free and clear of any and all Hera, restrictions reservations, s body interest encumbrances and claims of orders 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dimes the Seller to coma nonconforming or defective goods by a date to be aga d upon by the Purchaser and she Seller, and be Seller therafter indicates its irabiliry or unwillingness to comply, the Purchaser may cause the work ro he pnbmred by the mom expeditious me. available to a. and the Seller shall pay ell costs asx«iated with such work. The Seller shall release the Purchaser unit its contractors of any tier from all liability and claims of any nature resulting from the Performance of such work. This release shall apply even in the rent of fault of negligence of the parry released end shall extend to the directors, officers and employees ofsuch pany. The Settees contractual obligations, including warranty, sball not be deemed to be reduced, in any way, becatese such work is performed or caused to W performed by the Purcha . 14. PATENTS. Whenever the Seller is squired to use any design, device, material or press covered by Imer, plant, undemad r copyright, the Seller shall indemnify and save harmless the Purchase fmm any and at I claims for infringement by reason of the use of such patented design, device material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by crown of such moringemenl at any time during the prosecution or alter the completion of the work. In case said equipment, or any an thereof or the intended use of the floods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Puahow, the right to continue using said equipment or pins, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bmtkmpt make an weigmumm for der benefit of creditors, appoint a receiver we trustee for any of be Sellcrs property or business, his order may forthwith be anceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of erem word or the interpretation ofNe agmment and the rights oral[ ponies hereunder shall be construed under and governed by be laws ofNe Scam of Colorado, USA. The following Additional Conditions apply only in me where the Seller is to perfuwork hereunder, including the services of Sellers Repww.I.ive(s), on thecases menriw, of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in u of any accident destruction or injury to the work ani materials before Seller's final completion and accepam'c, complete the work at Seller's own expense and to the satisrseion of the Purchaser. When materials all equipment art fumkhed by others for installation or mcdon by the Seller, be Seller shall receive, unload, store and handle same at be site and became responsible dumfor w though such materials andim equipment _wen being famished by be Seller under the order. 18. INSURANCE. The Seller shall, at his own experue, provide for the Wymmt of workers compensation, including overp assal disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mNor to their dependents in accordance with the laws of be state in which the work is to be done. The Seller shall alai carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death holm of at least $300,000 for any one person, $500,000 for any e uccidenl and property damage limit per accident of S400,000. The Seller shall likewise require his vionators, if any, to provide for such compensation and insurance. Before any of the SwIvn or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifcate that such compensation and insurance have been provided. Such certificates shall specify the date when such oe peraation and insurance have been provided. Such certificates shall specify the date when such compewrom and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the =tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby xammes Ne entire responsibility and liability for any and all damage, loss or injury army kind or nsmn whauaver to persons or property caused by or resulting fmm the exertion oftbe work provided fat in bis purchase order we in connection herewith. The Seller will indemnify end hold hannlass the Pitrehasa and any or all of he Purchasers oRcen, agent and employees from and against any and all claims, losses, damages, charges or experem. wheher direct or indini and whether to persons or property to which the Puncheon may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Shca, any of his contractors, or any of the Sellers or commceors officers, agents or employees. In caw any suit or ocher proceedings shall he bought against be Purchaser, or its officers, agents or employees at any time oa acroum m by reason of any net, action, neglect, omission or default of the Seller a my of his contractors or any of its ar their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend be same at the Sellers awn expense, to pay any and all cost, charges, mmmeys fees and other expenses, any and all judgments Nat tray be incurred by or obtained against be Pumhaan or any of its or their lancers, opens or employees in such suits or other proceedings, all in case judgment or other lien be placed upon or obtained against the property of be PumM1nser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause be same to Ito dissolved all discharged by giving bond or oflunse e. The Seller and his contractors shall lake all safety precautions, famish and irecall all goads necessary for be prinemion of accident, comply with ell laws and regulations with regard as safer including, but without limitation, be Occupational S.Sey and Health Act of 1970 mM all rules and region.. issued porsuant theme, Revisit (GaD l