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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9145995PO PURCHASE ORDER 914599er Page C117f of PURCHASE 9145995 1 of z Flirt Collins This number must appear /_^!'`�—J`-' on all invoices, packing sli sand labels. Date: 10/15/2014 Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/15/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSTRUCTION CONTRACTS WTF T3 SEDIMENTATION BASIN IMP 1 LOT LS 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@fogov.mm 552,241.00 Total Pay terms net 30 days Invoice Address: 1.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Jum.t7galtrinna-u rs er! err Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,150I. Federal Excise Tax Exemption Certificate of Registry M-6000581 is rcgistned with the Collector of Failure of the Purchaser to insist most stun pnfred. argue toms and condihion bereot failure or delay to Inmmd Revenue, Denver, Col..& (Ref. Colu udo Revised Statutes 1973. Chanmf 39-26,114 (a). exercise my lights in remdies provided herein or by law, failure to promptly entity f Seller in the event of a breach, Ne acceptance arm payment for gcool hereunder or approval i fthe design, shall nut release do, Seller of Good Rejected, GOODS REJECTED due to fail. on meet specifications, either when shipped o, due to defnts of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in but may be returned to You for credit and are not to be replaced except upon receipt of writen pmcharea to insist upon said performaoce beremi'm any of its rightism remedies as many such good, regardless isswctions from the City of Fan Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall my purpotled oral moth Indian in ¢scission of this purchase order by the Purchaser marnm as a waiver of my of the terns Inspection. GOODS am subject to the City of Fort Collins impeution on arrival, herraf. Final Acceptance. Receipt of the merchandise, se ca r equipment in response to this order n result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authon ed payment on the pan of the City of Foe Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual ee ais practice, overcharges, resulting fm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore,Theretofore,far tied cause and as anside.... far executing this purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter Freight loans. Shyroms must be F.O.B., City of Fort Collins, 700 Wood St, Fart Collins, CO 80523, unless acquired under federal or state antitrust laws fir such overcharges miming to the particular goods in services otherwise specified on this order.If,somission is given to prepay freight and charge separately, the original freight purchaxd or acquired by the Purchaser pursued to this purchase order. bill most accompany invoice. Additional charges for parking will not be accepled. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in .He. pans of the country, shipment is I fake Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Sella, and the Seller thereafer indicates its inability or unwillingness to comply, the Purchase shipments are made from greater distanc, may cause the work to be pmarinated by the most expeditious mead available to it, and the Seller shall pay all toss associated with such work. Permits. Seller shall proewe at sellers sole cost all necessary permits, certificates aM licenses required by all applicable laws, regulations, oajhances and ales of the state, municipality, territory or political subdivision where me work is performed, or acquired by any other duly mnstimred public authority hastingjudsdictim over the work of vendor. Seller further agates to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by anion of an assured or established violmion of any such laws, regulations, on inances, mlcs aM requmments. Aotlenizalion. All parties to this contract agree that no representatives arc, in fact, ham fide and possess full and oni authority t. bind said ponies. LIMITATION OF TERMS. This Purchase Order cmressly limits .rcpnerve to the terms and conditions stated herein set took and any supplementary or additional terns and conditions annexed hereto or incorpommd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby mjnted. I. DI21,IVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on or promised delivery date as noted. Time is of the esamer. Delivery and performance must be, effected within the time stated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limiation, acceptance ofpartial late deliveries, hall .,.to m a waiver of This provision. In the event of can, delay, the Purchaser shall have, in addition to offer legal and equitable remedies, the option nfplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall rent be liable for damages as a result of delays due to causes rent reasonably foreseeable which are beyond its memorable contact and without its fault of negligence, such acts of God, acts ofeivll or military authorities, govcmmensl Injuries, fee, stakes, food, 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 what the Sella first received knowledge Nmrof In no coca of any such delay, the dare of delivery shall be extended for the peried signal to the time wholly lost by town of the delay. 3. WARRANTY, The Seller warrants Nat all goods, ankles, mum ill and work curveted by this other will .onto. with applicable drawings, specifications, rumples and/or other descriptions given, will be fit far the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a mil. nature. The Seller agrees to hold he purchaser harmless from any loss, damage or expose which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost w the pumhasea any defects or faults rasing within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the grads firmialsed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase aide, the Sellers liabll Ity harander shall extend to all damages proximately caused by the breach of any of the foregoing contractors or guarantees, but such liability shall in an event include loss of profits or loss of user NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TER,11i. The Purchaser may make changes to legal terms by warren change major. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal rams, i.hoin, additions in or deletions f me quantities originally ordered in the specifications or drawing; by verbal or women change order. If any such change affronts the muca m due or the time of perf..e hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may m any time by wdnen change order, terminate this agreement as to any or all portions of the goods then not shipped, subject no any equitable adjustment between the parties as to any work or materials then in pages,, provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted panion of the goods moron work, for incidental or anon uemial damages, and that no such adjustment be made in favor of'the Sell., with respect to any Goods which are the Sellers standard stack. No such fermination shall relieve the Purchaser or the Seller of any aftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the dam he change or temnincom. is ordered. S. COMPLIANCE WITH LAW. The Seller warrens than, all goad sold heremder shall have been produced, sold, delivered soul f fished in said compliance with all applicable laws and regulations to which the goad am subject The Seller shall execute and deliver such documens as ruaybe required to effector evidrnee compliance. All laws and regrrinti s required m be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indernniay and hold the Purchaser hand. fmm all ems and damages sufercd by the Purchaser as a It of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, human, or convey this order or any monies due or to become due hereunder without the prior wd"m consent oftbe at pony. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipmem, materials, and items famished in performance of this agreement, free and clear of any and all lien, restriction, reservations, security interest encumbrances and claims of ofers. The Seller shall release the Purchaser and ill arri m out, of any tin fmm all liability and claims of any nature resuhing from the performance of such work. This release shall apply men in the went of fault of infiltrate of the pony re assal and shall extend to the directors, officers and employees of such pray. The Sellars contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark bnnpyright the Saner shalindemnify and save harmless the Purchaser front any and all claims for management y reawn 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 be obliged to pay by reason of such infringement at any time during the prosecution or after the complelion of the work. In case said equipmem, or any pan thereof or the intended use of the good, is in such suit held to ancient 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 parrs, replace the mine with substantially equal but noninfringing equipment, or modify it so it becomes naninfNnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment far the benefit of creditors, appoint is we vusaee far any of de Sellers property in bminess, this odes may forthwith be mrucJud by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and no rights of all parties hereunder shall be connected wander and governed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s). oa the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work andlor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or nation by the Sella, no Seller shall receive, unload, store and handle name at the site and become resporsible therefor as though such materials andor equipment were being famished by Ne Sella under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of maken compnsatiun, including occupational disease Israelis. ro is employees employed on or in nomination with the work covered by this purchase other, ands., on their dependents in acwrdmce with the laws of the some in Wtich the work is to be done. The Sella shall also any, mmprehenire general liability including, but rot limited to, conaacrud and automobile public human, imumnce with Easily injury and death limits of or least 5300.O00 for my ace persom, 5500,008 for any one accident and property damage limit per accident of 5400,000. The Sella shall likewise mwire his omractors, if any, to provide far such compns.imi and am ... a, Before any ofNe Sellers or his aamm m rs employees shall do any work upon the premises of others, the Seller shall f ish the Purchisorwith a certificate that such c.mpasation and insurance have been provided. Such certificates shall specify the dam when such compensation and insurance have been provided Such cenifcams shall specify the date when such compensation and insurance exports. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted, 19. PRO I'CCI']ON AGAINST' ACCIDENT S AND DAMAGES. Me Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury crony kind or nature whatsoever to persons or propmy caused by or resulting Form the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold b.mless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expears, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reawn of any net, action, neglect omission or default on the pan of the Sella, my of his contractors, or my of the Sellers or contractors officers, agaves or employees. In case any suit or other proceedings shall be brought against the Purehasn, or its officers, agents or employees at any time on account or by reason of any sol, action, neglect omission an default of the Sella of my of his contractors or my of is or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expene, to pay my and all cosy, charges, momeys fees aM other expenses, any for all judgments that may be iacund by m abmined against the Purchaser ar any of its or their oltirers, agents or employees in such suits or other proceedings, and in cave judgment or other lien be placed upon or obtained against the pmperry ofthe Purchaser, or laid parties in or as a result of such suits or othn proceedings, the Seller will at more cause the same to be dissolved and discharged by &vial, most or athesnuo. The Seller am his contractors shall take all safety precautions, famish and insmll all guard necessary for the prevention of accidents, comply with all laws and regulation with regaaj to safety including, bur without Induction, the Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant therno. Revised 07R014