HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9145497PURCHASE ORDER PO Number Page
CI�/Of9145497 'ofz
' `t Coll ins
This number must appear
` ` 1' on all invoices, packing
sli s and labels.
Date: 09/24/2014
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: 09/22/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 WO # H-WRF-2014-13
CONSTRUCTION SERVICES FOR DWRF
BIOFILTER MEDIA REPLACEMENT
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@fogov.com
1 LOT LS
Total $1
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order TerrnS and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemption. By statute me City of Too Collins is exempt from state and loam taxes. Our Exemption Number is
98-01502. Federal Excise Tax Exemption Certificate of Registry 84fr00058T is registered with the Collector of
Internal Revenue, Deaver, Colorado (Ref Colorado Revised Status 1973, Chapter 39-26,114 (a).
Goods Rejrood. GOODS REIECTED due to failure to meet specificammic either when shipped or due to defects of
damage in tmvsit, may be retuned Ip you for credit and are not to be replaced except upon receipt of written
humor ianx been the City appear Collins.
Impecrion. GOODS or subject to the City of Fort Collies lnpcctio s ran arrival.
Final Acceptance. Receipt of the merchandise, amities or equipment in response to this order can result in
authorized payment on the pan of the City of pun Collins. However, it is to be understand that FINAL
ACCEPTANCE is dependent.Wn completion of all applicable required inspection procedures.
Freight Terms. Shipments must M F.O.B., City of Fort Collins, 90) Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission 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 distributing points in various pans of the country, shipment is
expected from the nearest distribution paint to destination, send excess freight will be daloctal from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure a sellers sole cost all necesmry permits, certificates and licenses rbruinal by all
o"Inuble low , regttlmiures, anilnunees and rates of the sate, municipality, remtory or political subdivision where
the work is performed, or required by any other duly eontimted public authority having jurisdiction over the work
of vendor. Seller harder agrees to Mid the City of Fort Collire hmmlas f and against all liability, and loss
incurred by them by reason of an coned Or established violation of any such laws, regulation, ordinances, rules
and mr hiremems.
Amhmamion. All parties m this contract agree that the represenmtives art, in out, Man fide and possess full and
complete a filmery m bind said parries.
LIMITATION OF TIiRMS. This Purchase Order expressly limits acceptance to the term and conditions stared
herein set fond and any supplementary, or ought onal to. and condition annexed harem or in a rpumted herein by
reference. Any additional or diRefenuerms and condition pnspned by seller art objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery dam as noted. Time is of the c,omm. Delisery and pufummntt most M eR tad within the time
sated on the purchase order and the documents mmchal hereto. No acts of the Purchuscrs including, without
limitation, acceptance of radial late deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall have, 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 be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts Of God, act of civil or mi Bray authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
fiats provided that notice of rue condition caning such delay is given to the Purchaser within five (5) days of toe
time whom the Seller ❑ou received knowledge thnmf. 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 ofthe delay.
3. WARRANTY.
The Seller wmmnts that all goods. miles, matmab and work covered by this order will confrom with applicable
drawings, specifications, samples andmor Other description given, will M fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The, Seller agrees to Mid Ind purchaser harmlas from my loss, damage or expense which the
Purchaser may salts or incur on account of the Sellers beach of warranty. The Seller shall replace, repair or make
goad, 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 community provided by the Seller after the date of
acceptance of the goods fumuhd hereunder (acceptance rent to be unreasonably delayed), resulting from imperfect
or defecrixe work done or materials Incorrect by the Seller. Acceptance or use of goods by the Purchaser shall not
onsOmta a waiver of any claim under his warranty. Except n otherwise provided in this purchase order, the Sellers
liability remainder shall extend m all damages proximately caused by the breach of any of the Ibregoing warranties
or guarantees, but such liability shall in no error wit.& loss of profits Or Ins of core. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terra by women change oder.
5. CHANGES IN COMM F.RCIAL TERMS.
The Purchaser may make any changes to the terra, other than legal temp, including addition to or deletions from
the immune, originally ordered in the specifications or daxima. by verbal or written change water If any such
change affects the amount due or the time ofper monswe hertmder, an egrumbit, adjustment shall be made.
6. T ERMINATIONS.
The Purchaser may at any done by wmttrn change order. overcome this agreement as to any or all portion of the
goods then not shipper, inquest to any equitable adjustment between the panics as to my work or mmerah then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the unemaplyd
,onion hf rile goods and/m work, fur incidental or consequential damages, and that no such adjustment M nude in
favor of the Seller with respect to any goods which are red Sellers surprised stack. No such termintimi shall believe
the Purchaser or the Sella of my oftheb obligations n to any goods delivered hcrtwder.
T. CLAIMS FOR ADJUSTMENT'.
Apr claim for adjustment most M assenrd within thin (30) days from the date nM change or warrinadon is
ordered.
g. COMPLIANCE WITH LAW.
The Sella warrants thal all goal sold hereunder but have been produced, sold, delivered and f i,hal in shier
compliance with all applicable laws and regulation m which the goods an subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be
incorporated is agreements of this ebarzcter art hereby incorporated herein by this re&rence. The Seller agree, to
indemnify and hold the Purchaser homeless from all costs and damages sulfacd by the Purchaser as a result of the
Sellers failure in comply with such law.
9. ASSIGNMENT.
Neither party shall assign, banter, or convey this under, or any monies due or m become due remainder without the
poor wntren em sent of hue other parry.
10. TITLE.
The Seller wmrmis full, clear and ttnm5buctal title to the Purchaser far all equipment, meted, mJ items furttshm
in performance of this agreement, free and clear of any and all lien, ratnctien, reservations, security interest
encumbrances and claims of others.
ILNONWAIVER.
Failure of the Purchaser to infist upon strict per( crux of the terms and condition hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach,
the acceptance of or payment for goads hereunder or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not M deemed a waiver of any right of rise
purchaser to torpor upon shirt performance hereofor any of its rights or remedies us to any such goods, regardless
of when shipped, received or accepted, res to any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual e re c practice, overcharges sulting from antitrust
conformers
art in fact home by the Phases Therebfore nfor good parr and in, comidemtion for executing this
purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state anriuust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Pureltner pursuant la this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifire Purchaser directs the Seller to compact nonconforming or detective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious means available m it, and the Seller shall pay all
pairs associated with such weak.
The Seller shall release the Purchaser and its contraelors of any tier Goat 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 parry released and shall extend to the
dlmctors, officers and employees of such party.
The Sellefs exammcroal obligations, including warranty, shall nor be dented to M reduced, in any way, because
such work is performed or carried m M performed by the Purclumn
14. PATENTS.
Whenever the Sella is required ra use any design, device, material or process coverts by Inver, ponam, trademark
or copyright the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by mason of the use 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 M obliged to pay by reason of such
infringement at any time during the prosecution or once the completion of the work. In now, said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, of its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pang replace the same with substantially brand but
noninfi nging equipment, or modify it so it becomes comminuting,
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
or tmstee for tiny of the Sellers pmperty or bosinas, this anal may forthwith M canceled by the
Purchaser without liability.
to. GOVERNING LAW.
The definitions efterms used or he interpretation of the agreement arts the pghm of all Papua, hereunder shall be
command under and governed by the laws office Sate of CalomJe, USA.
The following Additional Conditions apply only in cases where the Seller po to perform work herertader,
including the services of5ellers Representative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Sella shall cart, on said work at Sellers own risk unfit the same is fully completed and accepted, and shall,
in case of any accident destruction or injury to the work andjor materials before Sellefs final completion and
occepouni complete the work at Sellefs own expense and to the satisfaction of the Purchaser. When materials
and equipment ere furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same in the site and become raponible therefor as though such mmenais and/or equipment
were being famished by the Sella under the order.
IN. INSURANCE.
The Seller dull, at his own expertise, provide for the Remains of workers compensation, ncluding occupational
disease benefits, to its employees employed on or in connection with the work covered by ibis purchase order,
anNm to their dependents is accordance with the laws of the stale 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 in a once, with balily injury am deed limit afar lent 53ngnno for any one person, 3500OW for any
one accident and pepepy damage limit per accident of S400,000. The Seller shall likewise require his
emorrears, Worry. to p-,,de for such compensation unit insumna. Before say of tha Sellers or his mnrmclors
employer shall de any work upon the premises of others, the Seller shall furnish the Purchaser with a cenificale
that such compemation end insurance have Men provided_ Such renihcales shall specify the date when such
compensation and inuambe have been provided. Such cenifibblr shall specify the dam when such compensation
and in expires. The Seller agrees thin such compensation and insurance shall be mamtamed until alter the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assnmcs the entire reap opubil ity and liability for my and all damage, lass or injury of any kind
or nature whosoever to person or property caused by or resulting from the execution of me work provided for in
this purchase order or in correction herewith. The Sella will indemnify and hold harmless the Prochaza and any
�e all of the Purchasers officers, agents and employees hem and against any and all claims, losses, damages,
hargn err captive., whether direct or indirect and whether to persons or pmpeny to which the Purchaser may
M put or subject by reason of any act action, neglect omission or default on the part of the Seller, my of his
contractors, or any of the Sellers or mmtanors officers, agents Or employees. In ase my suit or other
proceedings shall M brought against the Purchaser, or its officers, agents or employees at my time on account or
by reason of any act to ion, re, eel, omission or default of the Seiler of any of his contractors or any of its or
their officers, agents or employees as afortmid, the Seller hereby agrees to assume the defeat thereof and to
defend the same a the Sellers own expense, to pay any atd all costs, charge, anomeys fees and other e.,.,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or other lowering, and in case judgment or other lien M placed upon or
obtained against the property of the Purchaser, or said panic in or as a result of5uch suits or other proceedings,
the Seller will at ore rase the same to be dissohd and discharged by giving Mad or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulation with regand to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 Ross all pules and regulation issued pursuant dream.
Revisal 07R014