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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9142654 (2)PO PURCHASE ORDER 914265er Page City. of PURCHASE 9142654 t of z ' `t/ Olt'ns This number must appear v on all invoices, packing sli s and labels. Date: 10/13/2014 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: 10/10/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 COI - DWRF Centrifuge Feed System 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@fcgov.mm 1 LOT LS 22,151.00 Total $22,151.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from store and Jowl taxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Conductive of Registry Oug)00587 is registered with the Collector of Failure of the Pauchazer to insist upon strict performance of the terms and conditions herself, failure or delay to lmemal Revenue, Draveq Colorado (Ref. Colorado Revised Stamess 1973. Chapter 39-26. 1 M (a), exercise y rights or remedies provided herein or by law, failure to promptly modify Ore Seller in the event of a my breach, acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to Prime to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall but IN deemed a waiver of any right of the damage in transit, may W remmed Ir you for credit not arc nor to be replaced except upon receipt of within purchaseno insist upon .or prefficannumbe herrof or any of its rights or remedies as to any such goods, regardless imtmnlons from Bee City of Fan Coll it. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported am] moth mention or rescission of this purchase order by the Purchasa orange as a waiver of any of the terms Inspection. GOODS are subject a the City of Pan Collins inspection an arrival. hereof. Final Actt,fores. Receipt of the merchandise, smico or tyuipmem N mponse, to this order can mull in 12, ASSIGNMENT OF ANTITRUST CLAIMS. autlearized payment on the pot of the City of Fen Collins. However, it is to be understood than FINAL Seller and the Purchase, recognize coat in actual a c ptice, o rwh r,es resulting from antinum ACCEPTANCE is dependent upon completion ofell applicable required inspection pmocdures. violations are in fact home by lbe Purchase, Thereof nq for goad wore And is movidennimm for executing this purchase order, the Seller hereby assigns to the Purchazm any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Too Collins, 900 Wood St., Fort Collins, CO 80522, unless acquired under feeal or same antitrust laws for such overcharges relining to the particular goods an services otherwise apsefial on this order. If permission u given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pro am to this purchase ende, bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in smarts rouras of the country, shipment is expected from the armed d¢tribution Point to destination, and excess freight will be deducted f Invoice when shipments me made from gb aer combat. Permits. Seller shall procure at sellers sole cost all necessary Parties, comficatea and licenses required by all applicable laws, re,ularims, mdimnm and rules of Ne aloha. municiW liy, temaory or political subdivision where the work is performed, or ramifal by any othef duly constimed public authority having jurisdiction over the walk of vend.r. Seller fonder agrees to bold the City of Fort Collins huntress from and against all liability and loss murred by them by reaunt of an asserted or established violation of any such laws, regulations, ordinances, rules and u uiremcna. Authorizatimn. All panic to this contract agree that the representatives are, in fact, from fide and possess full and replete authority to bind said comics. LIMITATION OF TERMS. This purchase Order expessly limits acceptance to the tam¢ and conditions sated herein set forth and any supplementary or additional tarots and conditions anneaed hereto or incamamaed herein by reference. Any additional or differenl terms And conditions proposed by seller are objected to and hereby rejec es. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately From cannot make complete shipment to arise on your promised delivery data as noted, lime is of the extent, Delivery and performance must be affected wilhio the time slated on the pufdaass order, and the documents attached borer. No nets of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate toe a waiver orders provision In the event crony delay, the Purchng t shall lave, in addition to order le& 1 end the Sallee remedies, the option of placing this ordtt e f delay, and holding the Seller liable Ian damages Hawmxq the Seller shall not be liable for damages as, a mutt of delays dine to causes not reasonably frescaable which are beyond its nano pehle control and without its !null of negligence, such acts of Gad, acts active ofl or military eucareas im, gove delay is i,,.to A fires, strikes, 0ursd, epidemics, wars or riots provided Sell,,rice of the conditions causing such delay is give to the Purchaser within you delivery days of the rime when the Seller first received knowledge Beerrob In the of aor deny such delay, the de,¢ of delivery shall nd extended for the period equal 10 rM1c time actually lust by reason of the Aelay 3. WARRANTY. The Seller we.. that all goods, anodes, materials and work cmerxl by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be tit for the purposes intended, and performed with alit highest degree of care and competence in accordance with accepted standards for work of a similar w one The Seller ogees to hold die purchaser harmless from my loss, damage or epar a which the Purchaser may suffer or incur on account of the Sellers breach efwahanty. 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 harms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acesplance net to be occasionally delayed), resulting from imperfeel or defective work done at materials fumislrcA by die Seller. Acceptance or tale of good by one Purchaser shall not constants a waiver of my claim under this wamanry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to al I damages proximately caused by the breach of my of the foregoing wermobbs or guoantees, bat such liability shall in no event include loss ofpcofes or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANG. ES IN LEGAL TERMS. The Purchaser may make changes to legal teams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchase, toy ..it. any change.., m the temmi order Our legal lenre, including addlimes to or delerimer from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time of Performance hereundea an equitable adjmament sholl be, made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, icularate this agreement as to my or all portions of the good then nut shipped, subject 1, any equable adjustment between the parties as to any work or matewls then in progress provided Beal the Purdem r shall not be liable for any claims for anticipated profits on the uncompleted Portion of the good ardor work, for incidental or consequential damages, and that no such adjustment be made in four of the Seller with respect to Any goods which are the Sellers standard stock, No such tuou.niun shall relieve the Purchaser or the Seller army of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. Fie Seller wavants that .11 goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect orevidence compliance. All laws cad regulations corporal to be incorporated in agreements of this chameta are hereby incarpomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all reds and damages suffered by the Purchaser as a retch of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tansfeq or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller ..Is full, clear and unmtdcted title to the Purchaser for all equipment, materials, and items fumishal in performance of this outcmem, free end clear of any had all liens, restnaions, reservations, semrily interest encumbrances and claims brothers. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Salle, to correct nonconforming or defective goods by a date W be appeal upon by Bee Purchaser and the Seller, and the Seller NcrwOer indicates its inability or unwillingness In comply. Ne Purchase, may c.a. the work to be performed by the most expeditious means available to it, and the Seller shall pay all c.sa msacimcl with such work. The Seller stall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from die performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direnars, effects and emplaym of such party. The Seller's Canle,lual obligations, including warunry, shall naa be, deemed in be reduced, m any way, because such work is perfommd or caused to be performed by the Purchaser. 14. PATENTS. WTenevcr the Sella is required to use any design, device, material or process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of die use of such patented design, device, material or process in connection with the contract and shall indemnify the Purchaser for any cost, expense in damage which it may be obliged to pay by mson of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof in the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan or enjoined, the Seller shall, at its on expense and m its option, either procure for the Purchaser the right to continue using said equipment or pans, replace rare same with substantially equal but naniaMnging equipment, or modify it so it becomes mainfimming. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, ."]at is receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser .,,hour liability. 16. GOVERNING LAW. The definitions ofterms tied or the interpretation ofthe agreement and the rights of all parties hereunder shall be, onstmed under and gmemed by the laws of the State of Colorado, USA. The following Accoutered! Conditions apply silly in cones where the Salle, is m perform work herermder, including the services of Sellers Rapreseoative(s), on the premiss brothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry as said work ac Sellds own risk unfit fe same is fully completed and accepted, and shall, rase of my accident dectmmion or injury to Ne work anNor maedah before Sellds total completion and acceptance, complete the work at Sellds own expcove and to the satisfaction of the Purchaser.'Whm materials and eqcipmem are famished by others far installation or creation by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andmr equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupaliowl disease benefa, to its employees employed on or i. manecnon with the work covered by this purchase mdo, ardor to their dependents in accordance with the laws of the sale in which the work is to be done. The Seller shall ales wry comprehensive general liability including, bur not limited to, contracrel and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S5W.(100 for any one incident and property damage limit per accident of 5400,000. The Salle, shall likewise require his contactors, Troy, to provide for mch compensation and instance. Before any of the Sellers or his comcters employees shall de, any work upon the premises of others, the Seller shall famish the Purchaser with a cenimcme that such compassion and insurance have been provided. Such comficaw, shall specify the date when such compensation and insurance have been provided. Such cenifcmw shall specify the date when such compensation and imumnce expire. The Seller agrees that such compensarim and insurance shall be andesuned until after fe mare work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby rearcurnot the more responsibility and liability far any and all damage, loss or injury of., kind or nature whareaever to pers'om or primary caused by or resulting from the execution cribs work provided for in this purchase order or in connection herewith. lire Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers .Keen, agents and employees from and against any end all claims, losses, damages, charges or expeusa, whether direct m indirect, and whether, to persons car jo a rd, to which the Purchase, may be pm or subject by reason of any act, action, .,]a,. omission or default an the port of the Sella, any of his comment , or any of the Sellers or contractors oli en, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account ar by reason of my act action, neglect, omission or default of the Sella of any of has contusion, m my of its or their ,racers, agent m maployees as aforesaid, flue Seller hereby agrees to assume the defense thereof and an defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and at I judgments that may be incurred by or obtained agairat the Purchaser or any of its or their officers, agents or employees in such suits or other procedings, and in case judgment or other lien be placed upon or obtained against the progeny of the Purchaser, or said panics in or as a result it'such IN or other proceedings, the Seller will at once cause the acme to be dissolval and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, furnish and imall all guard necessary, for the prevention of accidents, comply with all laws and calculations with regard to safety indudin& but without Inclusion, the Ocmrpatiolml Safety and Health Act of 1970 and all rules tied regulations issual pursuant theetc. Revised 07I2014