HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9145870PO
PURCHASE ORDER 914587er Page
C.It)/ of PURCHASE
97 45870 1 of z
' `t Collins
Thisnumber 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
WO #H-WRF-2014-14 CONSTRUCTION 1 LOT LS
SERVICES MSR SPOTTLEWOOD CREEK
CROSSING
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
40,744.00
744.00
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 Four Collins is exempt from state and local razes. Our Exemption Number ts
9844502. Federal Exciu Tax Exemption Certlf me of Registry 94-6o0o587 is regismred with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due in failure to meet specifications, either when shipped or due art defects of
damage in twnsil, may be rammed to you for ncdit and are net to be replaced except upon receipt of wnnee
in...out, form the City ol'Tom Collins.
hopeetion. GOODS are subject m the City of Fort Collins inspection on aoval.
Final Acceptance. Receipt of the mechandiw, s< or eqm
uipment in response to this order result in
influenced payment on the pan of the City of Foe Collins. However, it is to be uncommon thatFINAL
ACCEPTANCE is deperWent upon completion of all applicable rcluiced impaction procedures.
Freight Terms. Shipments must M BO.B., City of Fort Collins, 700 Wowl St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge sop conely, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Whc r manufacturers have di arbuting points in varicaus pans of the country, shipment is
expected fmm the neared di mibution point to destination, unit excess freight will be deducted from Invoice when
shipments am made from greater distance.
Permits. Seller shall practice at sellers sole cost all necessary permits, certificates and license required by all
applicable laws, regulations, ordinances and ones of the safe, municipality, mnitory or political subdivision where
the work is perfumed, or required by any other July constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an accrued or atablishM violation of any such laws, regulations, cardamom, mles
and requirements.
Authorization. All parties to this commit some ohm the representatives are, in fact, farm fide and possess fail end
complete .,he., no hard said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller art objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately it you cannot make complete shipment to move on your
promised delivery date as noted. Time is of oche esttnce. Delivery and performance mat be dfedcd within the lime
sated on the purchase Order and the documents attached herein. No was of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any 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, oche Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such sets of God, acts ofcivil or military indications, go,ourvinal priorities, hires, strikes, ]food, epidemics, suers or
rims provided that notice of the conditions taming such delay is given m the Patches', within five (5) days of the
time when the Seller fat 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 ofthe delay.
3. WARRANTY.
The Seller warwnts that all grwds. articles, mammals and work covered by this order will conform with applicable
drawings, specification,, samples anhor other descriptions given, will be fie for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar ware. The Seller agrees to hold the puchaser harmless fmm any lass, damage or expense which the
Purchaser may sun( or incur on account ofthe Sellers breach of wamanty. The Seller shall replace, repah m make
goad, without cast to the purchaseq any defects or faults arising within one (1) year or within such longer penud of
time as may be prescribed by law or by the terra of any applicable amatory provided by the Seller anion the dam of
acceptance of the goods famished lowmadef (scceptmce not to ed unreasnmbly delayed), resulting form imperfect
or defective work Jane or materials famished by the Seller. Acceptance or mac of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase under, the Sellers
liability himsedear shall extend to all damages proximately contest by the breach of any of the foregoing everwi ies
or parameters, but such liability, shill in no event include loss ofpmfits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FIT NESS FOR PURPOSE SHALT. APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m Icgul terms by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Puo-h— may make any clunges m the emu, other than legm tame., including additions to or deletion. from
the quantities originally ordered in the specifications or drawings, by verbal or wrimen change order. If any such
change affects the amount due or the time ol'perfmmm¢e brreundeq on equitable inBcoment shall be made,
6. TERMINATIONS.
The Purchaser may at any time by written change order tem recur this agreement as ro any or all Fonwns of Om
good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated pmfts on the uncompleted
product of the goads anhor work, for incidental of consequemial damages, and that no such adjustment be made in
fever of the Seller with rasp u t to any gooda which are the Sellers standard stock. No such terminmian shall relieve
the Purchaser or the Seller of any of their obligations as to my good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Airy claim far ed tome nt must be awned within thirty (30) days team the date the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in s160
ompletme with all applicable Laws and regulation, ad which the goods are subject. The Seller shall execute and
deliver such documents az may be cof irpd to effect or evidence compliance, All laws and regulations required to be
nemprwted in aJacemems of this element, are hereby incorporated herein by this reference. The Seller agrres t0
indemnify end hold the Purchaser Indent. fmm all casts and damages suffered by the Purchaser ns n resell of the
Sellers failure or comply with such law.
9. ASSIGNMENT.
Neither party shall assign, twofer, Or convey this ordeu or any monies due m to become due hereunder without the
prior writen consent ofthe offer parry.
10. TITLE.
The Seller warrants full, clear and ueestricted file to the Purchaser for all equipment materials, and he. famished
in performance of Nis agreement,
reeent, fro and and liens,es clear of any all restrictions, rer aticm, security interest
encumbrances and claims of others.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance offer tears and conditions hereof, failure or delay to
exervisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach,tthe mcepance ofor payment for good hereunder or approval ofthe desilga, shall not aleam the Seller of
any of the warranties or obligations of this purchase order and shall not M domed a waiver of any right of rare
purchaser to insist upon secret performance hermf or any of its rights or remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any peoponed
owl modification or rescission of this parehaw, order by the Purchaser operate m a waiver of my of the rams,
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual ee rromie practice, overcharges resulting from aatitmst
violations we in fact home by the Purchaser. Thcrceofore, for good csae and as consideration for executing this
pmchae order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitmst laws for such overcharges relating to the particular good or services
purehaed or acquired by the Purchaser parsuant to this purenase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to merect nonronforming or defective good by a date to M agreed upon by the
Purchaser and the Seller, and the Seller theaafier indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be perforated by the most expeditious means available m it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any aware
resulting from the pert rmawo ofsuch work.
This release shall apply even in the event of fault of negligence of the party relnsed and shall extend do the
directors, efforts and employees ofsuch party.
The Seller's contraction obligations, including warranty, shall not be domed to he reduced, in any way, because
such week is pert ed or eansed m be pert edbythePwides-
14, PATENT S.
Whenevor the Seller is required to use any design, desire, mmcrim or process covered by letter, Patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaer from any and all claims for infringement
by rcn sm of the use of such parented design, device, morerlal in process in connection with the contract, and
shall indemnify the Purchaser lot any cast, expense or damage which it may be obliged to pay by roman of such
infrlagoment at any time during the Lammermoor or after dre completion of the work. In case said equipment or
any Pan thereof or the intended me of the good, is in such suit held to constitute infringement and the use of
said evuipmem or an is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue ruing said equipment or parts, replace the sane with substantially equal but
mninlroging equipment or modify it so it becomes comminuting.
15. INSOLVENCY.
If the Seller shall berome insolvent Or barrkopL make an arraignment for the benefit of creditors, appoint a
or move for my of the Sellers property or business, this order may forthwith he canceled by the
Processor without liability.
16. GOVERNING LAW.
The definition, of emu used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
cnnstmed under and governed by the laws ofthe Slate ofColorado, USA.
The following Additional Conditions apply only in cars whoa the Seller is or peafmm work hereunder.
including the services of Sellers Reprewpostive(s), on the premises ofothers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carts on said work at Seller, own risk until the sae is fully completed and accepted, and shall,
in use of any accident, destmction or injury to the work anchor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Pmchaer. When materials
and aquipmcne are f ishN by odors for 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 and/or re uipment
were her, Famished by the Seller under the order.
I8. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefin, to its employees employed on err in connection with the work covered by this purchase order,
anchor to their dependents in accordance with the laws ofthe state in which the work is to he done. The Seller
sMll also carry, mmprthena o, general liability including, but not limited an, mmmctual and automobile public
liability insurance with bodily injury and death limits of at least 5300,000 for any one person, 554O,000 for any
one accident and peopedy &image limit per accident of Surinam, The Seller shall likewise r♦guire, his
contractors, if any, to provddc far such compensation and insurance. Before any of the Sellers or his conlraztnrs
employees shall do any work upon the promises of others, the Seller shall famish the Purchaer with a certificate
than such cempwrsution and insurance have been provided. Such cenifcoes shall specify the date when such
ompenvmion and insurance have been provided. Such cenificmes shall specify the date when such compensation
and insurance expires. The Seller egrem that such compensation and imumnce shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and col damage, loss or injury ofany kind
or nature whatsoever to persons or Property caused by or resulting from the execution of fire 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 of rcurs. agents and employees fmm and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be par or subject by reason of any act, action, neglect, emission or def call an the part of the Seller, any of his
contractors. or my of the Sellers or contractors officers, agents or employees. In crom any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any rime on account or
by consent of any set, mtioq neglect, omission or default of the Seller of any of his contractors or my of its or
their officers, agents Or employees as aforesaid, the Seller hereby agrres to assume the defense thereof and to
defend the some at the Sellers own expene, an pay my and all costs, charges, amomeys fees and other expen,sa
any and all judgments Oat may be wowed by or obtained against the Purchaser or my 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
avoided against the property ofthe Pumhascu or said parties in or as a result of such suits or other proceedings.
the Seller will al ono cause the same to be dissohsl and discharged by giving boml or oWerwi e. The Seller and
his evaluation &ball take all safety precautions, famish and install all guard necessary for Lie 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 rates and regulations issued pwuant therms.
Revised 07R014