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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9135797PO PURCHASE ORDER 913579er Page C117/ of PURCHASE 9135797 t of z ' `t Collins This number must appear ` ` on all invoices, packing �slipsand labels. Date: 09/16/2014 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: 09/16/2014 Buyer: PAT JOHNSON Note Line Description Quantity UOM Unit Price Extended Ordered Price 2 C0#1 Services required 1 LOT EA 7,800.00 beyond original scope Per requisition 48079. 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 $7,800.00 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. C0MMERCIALDETAILS. Tax exemptions. By statute the City of For, Collins is exempt from suite and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cmificate of Registry 94-6000591 is registered with the Collision of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods R jaded GOODS REJECTED due to failure 0 men specifications, either when shipped or due Ir defects of domage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Pon Collins. Inspection. GOODS are subject o the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or egof,., in response b this order can ¢silt in authorized payment an the pan of the City of Fail Collins. However, is is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of Pan Collins, 700 Woad St, Fan Collim, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill ntno accompany invoice. AOdoiunal charges fur packing will not be accepted. Shipment Distance. Whine manufacturers have distributing points in samnis parts of the coot shipment is expected from the nearest distribution point b destination, and excess freight will v deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole trust all nttewary permits, crniecam,; and firms. fismud by all applicable laws, regulation, ordinances and rates of the stare, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public aulbonty bavingpiisdinion over the work of vendor. Seller further ogees to hold the City of Fon Collins harmless from and msavl all liability and two incurred by them by mount of an now ned or established violation of any such laws, regulations, ordinances, rules and requirement. Authonva ion. All parties to this contmel agree that the represemmives are, in fact, bon, Ede rand possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplementary of additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby ejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT ImmMioely if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and Performance must be inflected within the time stated on the purchase order and the documrns antowd hereto. No aces 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 have, in addition 1. other legal and equimlde remedies, the option orplacing this order elsewhere and balding the Seller liable fur damages. Huweveu the Seller shill not be liable for damages m a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its ftultof negligence, such acts of God, act ofrorl or military authorities, governmental pnorifin, fires, strikes, flood, epidemics, wars or hots provided that notice of the condition causing such delay is given to the Purchaser within live (5) it., of the time when the Seller first received knowledge therms In Ore event of any such delay, the date of delivery shall be eaended for the period ryual 10 the time actually Ins, by reason ofdre delay. 3. WARRANTY. The Seller warrant Nan all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will Is, fit for the purposes intended, and perforated with rise highest degree of cart and competence in accordance with accepted son lards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make gaud, without cost to the purchaser, any defects or faults arising within one (U year or within such longerperiod of time as may be prescribed by law or by the tens of any applicable wamnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be uneasorably delayed), resulting from imperfect or defective work done or nationals famished by the Seller. Acceptance or use of good by the Purchaser shall not oration, a waiver of any claim under this warranty. Except as otherwise provided in this purchase order the Sellers liability Iereurder shall exfmd to all damages proximately caused by the breach of any of the hamming warranties or guemnmes, bun such liability shall in no n'mt include loss of profit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents by written change order 5. CHANGES IN COMMERCIAL PERMS. The Purchaser may make my changes to the terns, nine, than legal morn, including additions 10 or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order . If any such change offem Nis amount due or the time of yerformance hereunder, an equitable adjustrrent shall be, made. 6. TERMINATIONS. The Purchaser may at any lime by written change order, termiea a this agreement as to any or all ponimts of Ne gowd then not shipped, subject fo any equitable edjuumcnt between the patties as many work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit on the uncompleted portion of fl a goods and/or work, for incidental or commoullial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termimnion shall mlieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or formilation is ordered. S. COMPLIANCE WITH LAW. The Seller warrant that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulation an which the goods see subject, The Seller shall execute and deliver such document as may be required m of n t or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless firm all mss and damages suffered by the Purchaser as a resin, of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, number, or convey this order, or any monies due or to become due hereunder without the prior written raiser, of the other party. 10. TITLE. The Seiler wanaus full, clear and muestricted tithe m doe Purchaser for ell equipment rnaerials, and items burnished in pert unce of this iquourem, the and clear of any and all liens, resuinions, tesrnatims, seruriry interest encumMances and claims o f ethers. I I. N0NWAIVER. Failure of the Purchaser m unite upon strict performance of the rem¢ and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase oNer and shall not be deemed a waiver of any right of the Purchaser to insist upon strict Performance hereof or any of its rights or remedies as ha any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase oNer by the Purchaser operate as a waiver of any of the lam¢ hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchsser recognve flat as actual economic Fortier, overcharges resubmit firm and. Animism ere in fact home by the Parclfastt. Theamfors, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or from antitrust laws for such m'ercharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser direc6 the Seller m correct nonconforming or defective goads by a date o be agreed upon by the purchaser, and the Seller, and the Seller thereafter indicates is inability or unwillingness in comply. the Purchaser may came the work fond performed by the most expeditious mean, mailable to it and the Seller shall Pay all costs associated with such work. The Seller shall ml. the purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the rent of fault of negligence of the party eleasd and shall extend to the directors, officers and employees ofsuch party. The Seller's .cob icaud obligations, including wmmanty, shall not be deemed to be reduced, in any way, because such work is unformN or.-cd to be pubmined by the Purchaser. 14. PATENTS. Whenever the Seiler is required to are any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall inderaat and save hmmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, notarial or process in connection with the common. and shall indemnify the Purchaser for any con expense or damage which it may be obliged on pay by reason ofsuch infringement at any time during the prosecution or alter the completion of the work. In ace said equipment, or any part thereof or the intended use of the goods, is in such suit held to constiNto infringement and the use of said equipment m pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to cmarom to, said equipment or parts, replace the same w'ilh substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an allogmnem for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith Be canceled by the Placbmer withau, liability. 16. GOVERNING LAW. The definitions of arms used or the computation of the agreement and the right of all parties hncrnder shall be commued under and governed by the laws ofthe Sure of Colorado, USA. The following Additional Conditions apply only in where the Seller is to performwork hereunder, including me services of Sellers Repasertative(s), on Na premises of others. IZ SELLERS RESPONSIBILITY. ' The Seller shall carry on said work at Seller's own risk until the same is fully completed and acceptM, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and zccepance, compine the work at Sellers own expense and to the satisfaction of der Purchaser. When mmmak and equipment are f island by others for inundating or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as dough such materials and'm equipment were being furnished by the Seller ander Or We,, IS. INSURANCE. The Seller shall, it his own expense, provide for the payment of workers compensation, including occupational disease bnalbs, to its employees employed on or in connection with the work covered by this purchase order, andor to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited or, contractual and automobile public liability insurance with mildly injury and death limits of an least 5300,000 for any one person, $500 000 for any one accident and property damage limit per accident of 5400,0011 The Seller shall likewise require his crournmrs. if any, to provide far such compensation and imumnee. Reform any of the Sellers or his contractors employees stall do any work upon the premises of others, the Sella shall famish the Purchaser with a certificate flat such compensation and insurance have been provided. Such certificates shall specify me dam when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and immature shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire remmisibilily and liability for any and all damage, loss or injury of any kind or nature whosoever In persons or p,opmy 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 harmless the Purchaser and any cr all of the Purchasers oRcers, agent and employers from and against any and all claims, losses,damages, harges or expenses, whether dire. or indirect, and whether o perm in property to which me Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pm of the Seller, any of his contractmrs, or any of the Sell. or mntmemrs officers, agents or employees. In case any fair or other proceedings shall be brought against the Purchase, or its officers, agent or employees at my time on acmant or by reason of any act, cation, neglect, omission or default of the Seller of any of his contactors or any of it or their oftic., agents or employees as aforesaid, the Seller hereby agrees on assume the defense therms and to defend the same al the Sellers owls expense, to Pay any and all costs, charges, attorneys fees and other expenses, any and all judgmens that may be incurred by or obmined against the 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 or obmined against the property of dui Purchaser, or said parties in or as a result of such suit or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall uike all safety precautions, furnish and invall all guard necessary for the prevention of accidents, comply with all laws and regulations with regaN f safely including, but without hounition, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant mereto. Reviad Wn014