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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9145315PO PURCHASE ORDER 914531 Number Page C117/ of PURCHASE 45315 1 °r z �} Collins( This number must appear V ` J on all invoices, packing �slips and labels. Date: 09/15/2014 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: 09/12/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WO # H-WRF-2014-11 1 LOT LS 59,685.00 CONSTRUCTION SERVICES FOR MSR UPPER BUTTE STOCKWELL AND SOLAR PUMP 7220 W, WW Treatment & Site Infrastucture 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 Total $59,685.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and had taxes. Our, Exemption Number is 11. NONWAIVER. 98-01501. Federal Excise Tax Exemption Conificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of (he terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samara, 1973. Chapter 39-26,114 (a), exercise any rights or remedies provided herein or by bun, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shut] not release the Seller of Goods Rejected. GOODS REJECTED due to failure an meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shalt not be deemed a waiver of any right of the damage in moral, may be returned to you for credit and are not to ho replaced except upon receipt of wrown Purchaser to insist upon strict performance fiereofor any of its rights or remedies as to any such goods, regardless nourcu ions firm the City of Fart Collins. of when shipped, reaived or accepted, as to any prior or subsequent default hereunder, nor shall any puryuned cost modification or rescission of this pumham aide, by the Purchaser operate as a waiver of my of the tuna litigation, GOODS are subject to the City of Fort Collins inspection on snivel. hereof. Final Acceptance. Receipt of the werehandise, services or equipment in response as this order can result in 12. ASSIGNMENTOF ANp1TRUSTCLAIMS. autM1mittd payment on the an of the City of Fort Callim. Havever. it is an be understand that FINAL Seller and do, Purehater tecogrdss tins N actual ec ,arm, practice, overclow es resulting firm unhourat ACCEPTANCE is dependent upon completion of all applicable deputed] inspection pmudures. violations are in fact fume by the Purchaser. Themofine, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments must l e F.O.D., City of Fon Collins, TW Wood St., Fart Collins, CO 80522. unless acquired under federal cur some antimut taus for such ovachuges relating 10 Ne particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchase, pursuant to this purchase order. bit must accompany invoice. Additional dramas for peeking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the career distribution point to destination, and excess freight will be deducted fmm Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale cost all necessary pmnits, cenificates and licenses required by all applicable laws, regulations, odi inces and tales of the sate, municipality, kmtary or political subdivision where the work is performed, or required by any other duly mmtimted public authority havingjurisdiaion over the work of vendor. Seller Lumber agrees as hold the City of I. Collins Local from and .gains, all liability and loss incurred by them by reason of. asserted 0, established violation of any such laws, regulations, ordinances, tiles and requirements. Authoroution. All parties to this contract agree that the representatives are, in fact, tuna fide and ossni full and omplete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed bareto or incorporated herein by reference. Any additional or different it. and conditions pmpused by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to anise on your promised delivery due u noted. Time is oldie ccwrwx. Delivery and performance mtrs, be d@cted within the time stated on the province order and the documents matched hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall Love, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not to liable for damages as a result of delay due 1n causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such is of God, errs of civil or military amhonties, governmental porrifa. fires, strikes, Flood, 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 first 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 lost by reason of the delay. 3. WARRANTY. The Seller ward as Nat all goods, articles, mterials and mark covered by this order will corJonn with applicable drawings, specifications, sanrryla aml/w other d.crip ions given, will be fit for the putposia intended, and Performed with the highest degree of care ufd competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser hamtless from any loss, damage or expense which the Purchaser may suRer or incur on account of fe Sellers breach of amord,The Seller shall replace, repair a make good, without cost to the Purchase, any defects or faults arising within one (D year or within such longer padW of time as may be prescribed by law or by the terms of any applicable no aanty provided by the Seller after the date of acceptance of the Bands famished hereunder (acceptance not to be unreasum bly delayed), resulting from imperfect or defective work done or materials famished by the Sella. Acceptance or we of goods by the Purchaser shall not constitute a waiver of any claim under this sarmnry. Except as otherwim provided in this pincham order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamntces, but such holiday shall in an evens include lass ofpmlLs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser my make changes to legal term by Batten change maker. 5. CHANGES IN COMMERCIAL TERMS. The Purbrow may make any changes to the terms, other than legal terms, including additionx to or diiiefiners from the quantities originally ordered in the specifications or drawings, by verbal or written change order. 11any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be m;dc. 6. TERMINATIONS. The Purchaser may st any time by wrium change code, a drove, this a1ormar t as to any or all portions Of the goods then not shipped, subject w any equitable adjutnent bnween the parties as w any work or materials then in progress provided that the Purchwer shall nos xv liable for any claim for anticipated profits on the uncompleted Portion of the good and/or work, for incidental or consequential damages, and that no such adjunmcnt be made or favor of the Seller with respect to any goods which are the Sellers standard stork. No such termination shall relieve thc Purchaser or the Seller of any ofthcir obligations as to any goods defivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjusuaent must be asserted within fhirry (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stet compliance with all applicable laws and regulations to which the good am subject The Sella shall execute and deliver such documents as my he required to effect m evidence compliance. All lams and regulations required to be incorporated in agreements of this chaoscter are hereby incorporued herein by this reference. The Seller agrees to indemnify and hold the Purchaser banml.s from all cons and dam wg. suffered by Ne Purchaser as a molt of the Sellers failum in comply with such law. 9. ASSIGNMENT. Neither party shall assign, trarafer, or convey this order, or any monies due or to become due hereunder without the prior mmen consent ofthe other party. III. TITLE. The Seller warrants Sri. clear and unrestricted title or the Pmch+uer for all equipment, materials, and item fumisheJ in performance of this agreement, fro and clear of any and all liens, astricrions, reservations, security interest encumbrauces and claim of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pura am directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness I. comply, the Purchaser may cause the work to lae performed by the most expeditions means available to it, and the Seller shall pay all caws associated with such stark. The Seller shall releam the Purchaser and its contractors of any ties From all liability and claims of any whom resulting from the performance ofsuch work. This relearn shall apply even in the event of fault of negligence of the party released and said extend to the directors, officers and employees of.cM1 party. The Seller's contractual obligations, including warranty, shall not be deemed N Ins reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by line,, patent, trademark or copyright, the Seller shall indemnify and save hmml.s the Pufch set fmm any and at I claims for infringement by reason of the use of such patented design, Mice, material or process in connection with the commit, and shall indemnify the Purchaser for any cost, expense or damage which it nay be obliged to Pay by reason of such Nfdrng-mans at any time during the prosecution or aBe, the completion of the work. In case said equlpmmL or any pan f umaof 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 Purchaser the right to continue using said equipment or parts, replace the same with subsunfially equal but noninfnnging equipment, or modify it so it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for me benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Porchaer without liability. 16. GOVERNING LAW. The definition of term mat or the inkryrerithat ofdm agreement and the rights ofa11 panic hcrtmder shall by, mnswed maker and governed by the lams of the Sale ofCi lorado, USA. The following Additional Conditions apply only in cases wheat the Seller is w Perfom, work hereunder. including Ne save. of Sellers Represerm ivgs), onhe premisesofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in se of any accident dalmatian or injury to the work anNOr materials before Sellers final completion and acceptance, complete the work in Settees own expense and to the satisfaction of the Purchaser. When materials and equipment are fumisM1ed by others For installation or media. by Na Sella, the Sella shall receive, unload, store and handle same or the sue and become responsible therefor w trough such materials and/or equipment were being fmislad by the Seller under the tougher. 18. INSURANCE. The Seller shall, at has own expense, provide for the payment of maker, compensation, including occnpatimil disease benefits, to its employees employed on or in connection with the work covered by this fractions, order, and/or w their dependents 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 of at least $300,000 for any one penun, E500." our any one accident and properly damage limit per accident of S400,000. The Seller shall likewise require his ammetors, if any, to provide for such compens rum and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sell,, shall ftunish the Purchaser with a cenificak Nat such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates qmd specify the date when such compensation and insurance expires. The Seller agrees thin such compensation and insurance shall be mintaimd until after the -mire work is completed and acceptaL 19_ PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or ramre what e r to persons or property caused by m recalling from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether N persons or Failing to which the Purq aver may be put or subject by reason of any act, action, negled, omission or default on the pan of the Stile, any of his contractors, or any of the Sella or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purdameq or its officers, agents or employees at any time on account or by reason of any rat action, neglect, omission or default of the Seller of any of his contractors or any i f its or thew officers, agents or employees as aforesaid, the Seller hereby agrees to woum the defame thereof and an defend the some al the Sellers can expense, to Pay any and all cons, charges, tear s fees and othe, expenses, any and all judgments that may he intoned by or obtained agairrsl the Purchaser or any of its or their oft agents or employees in such suits or m , proceedings, and in cam judgment or other lien be placed upon or obtained against the property of the Purchaser, or said Farmms in or as a result of such suits or other proceedings, the Seller will m ore cause the same to be, dissolved and discharged by giving band or mherwim. The Seller and his contractors shall ago, all safety precautions, furnish and maall all gtmrd necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and health Act of 1970 and all tales and degulatiotu issued pursuant thereto. Revised 07Q014