HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9145996Fort Collins
Date: 10/1512014
PURCHASE ORDER
Vendor: 109420
HYDRO CONSTRUCTION CO INC
301 E LINCOLN AVE
FORT COLLINS CO 80524-2505
PO Number Page
9145996 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 10/15/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 CONSTRUCTION SERVICES
WO #HYDRO-WTF LEWSTONE-2014-2
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@fcgov.mm
158,301.00
Total $158,301.00
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. COMMERCIN.DETAIIS.
Tax exemptions. By statute the City of Fen Coll ills is exempt fill state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate Of Registry 84-6000587 is regislerN with the Collector of
Failure of the Purchaser, to insist arm soar performance of the Items and conditions hereof. fail.. or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
exercise any rights or remakes provided hereto or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or apparent ofthe design, shall not relese the Seller of
Goods Rejected. GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this purchase order and shall not be deems a waiver of my right of the
damage in permit, may be retuned to you for credit and are not to be replaced except upon receipt of written
Purchaser to insist upon shicl performance hereof or any of its rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, au, to any prior or subsequent deault hereunder, atom shall any puryoned
..I modification or rescission of this purchase order by the Pu¢hattr operte ns a waiver of any of the is.
Irapccticn. GOODS art subject as the City of Fort Collins inspection can arrival.
hereof.
Fla.) Acceptance. Receipt of the merchandise, servima or equipment in minima to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
oulmat payment oa the pan of to City of Fan Collins. However, it is to be understand that FINAL
Seller and the Purchaser re agniae that in actual economic practice, overcharges resulting trainan,itrnsr
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Theretofore, u good cavand as eonsidemfon for account this
purchase order, the Seller hereby assigns to the Part any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Ion Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase ordar.
bill must accompany invoice. Additional charges for prcking will not be accepted.
Shipment Distance. When manufacturers have distributing points in various pans of the country, shipment is
expected from the amount distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from im mer do..
Permits. Seller shall pmcurc al sellers sole cost all necessary real aodmana and harrows requires by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is pormoro d, or fegnira by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and has
ed by them by reason of an nomad o, established violation of any such laws, regulations, ordinances, ales
incurred
nererequirements.
Authentication. All pat to this contract agree that the representatives are, in fact, bow fide and possess full and
complete authority W bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits accepmnm to the is= and sendi0om stated
herein set ford and any supplementary or additional .oars and canditiors ami hereto or incoporated herein by
reference. Any additional or different terms and conditions pmposed by seller are objected to and hereby rejected,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your
promised delivery date as noted. Time is of the emence. Delivery and pedomrance most be efiwtd within the time
stated on the purchase order and the documents amchad hereto. No acts of the Purchase including, without
limitation, acceptance dpartial late deliveries, shall operate as a waiver ofthis provision. In the event fany 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 far der lm,. However, the Seller shall not be liable for damages as is it of delays
due to causes not memorably formable which om beyond its reasonable comml and without its fault of seldigeram,
such ace afGod, acts afch it or military aurba rifies, gwammental priorities, fires, strikes, Bood, @incmics, wars or
hots provided that nonce of the conditions cawing such delay is given to the Purchaser within five (5) days of the
time when the Seller Brst received knowledge themaf, In the event of any such delay, the date of delivery shall M
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, anicln, materials and work covered by this older will conform with applicable
drawings, specifications, samples roan, other descriptions given, will od fit for the program intended, and
performed with the highest degree of care and competence in accordance with summed standards for work of a
similar mime. The Seller agrees to hold the purchuer hmmlai farm my Ins, damage or expanse which the
Purchase, may suRa o, incur oa account of the Sellrn breach ofw—ly. The Seller shall explore, repair err make
good, without cast to the partial any defects or faults arising within one (1) year Or within such longer pea of
time as maybe pmeriba by law or by rise term of any applicable warranty provided by the Seller after the Jam of
acceptance of the goods famished hectometer (acceptance not be occasionally delayed), mulling from imperfect
or defective work done or mamrids famished by the Seller. Acceptance or use of goods by the Purchaza shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability harander shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or g....mes, bar such liability shall in no even, include loss of profits ar lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
C CHANGES IN LEGAL TERMS.
The Purchases may make changes to legal mamas by winner change Order.
5. CHANGES IN COMMERCIAL TERMS
The Purchaser may make any changes to rise terms, other does legal terms, including additions to or deletions from
the gnemtums originally ordered iu the specifiemiona or dmwings, by colad or weinen change ordec It any such
change affects the amount due or the time of performance hereunder, an egmarble adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrinan change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject ro any ryenable enjustmatt bcremen the parties as to any work or materials then in
r cket provided that the Panorama shall not be liable far any claims for anticipate profits on N< urnomplera
Slogan of the goods major work, far incidental or codualis rial damages, and that no such ajuament b, made in
favor of the Seller wish respect to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sella of any offal obligations as to any goods delivered Imrtanda.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within abort (30) days from the date in, change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods mid hereunder shall have ban produced, sold, delivered and famished in stun
compliance wit all applicable laws and regulations to which the goods sm subject. The Seller shall execute as
deliver such damnatm as may be required to effect or evidentt compliance. All laws and mgulatioa, required to be
incorporated in agreements of this character art hereby incorporated herein by this reference. The Sella agrees as
indemnify and hold to Purchase, harmless (arm all costs and damages sufficed by the Purchaser az a mull of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither pre, shall assign, transfer, or convey this order, or any monies due or m beome due hereunder without the
prior written coreent of the other party.
10. TITLE.
The Sellawartanu full, clan and unmtrina title to the Purcbasa for all rywpmatr, materials, and items furnishes
in pafaamance of this agreement free dust elm of any and all lien, resoniow resarmiam, aarriry interest
encumbrances and claims transom.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If Ne Purchaser directs the Seller to torten nonconforming or defective goods by a dote m be agates upon by the
Purchaser sad the Seller, and the Sella Wereafter indicates its inability or ua villoo was to amply, the province,
may cause the work to be performed by she most expeditious means available to it, and the Seller shall pay all
costs associate with such work.
Ile Seller shall release the Purchaser and its contmcmrs of any tier from all liability and claims of any nature
resulting farm 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
directors, officers and employees of such parry.
The Sellers commercial obligation, including warranty, shall not be duma to Ise routed. in any way, because
such work is performed or muss to be performer by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by letter, parent, trademark
or copyright, the Sella sR II indemnify and are harmless the Purchaser from any and all claims for infirmli um
by reason of the use of such pmomed design, device, material or process in connection with the comma,, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by mason of such
infringement at any time during the prosecution or Per rlte completion of the work. In case said equipment a
any part thermd or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or For is enjoined, the Seller shall, at its own expend it at its option, either procure far the
Purehaer the right to continue using said equipment or parts, replace the mare with substantially equal but
comminuting equipment or modify it so it baarrm mniafringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bath pt make an assignment for the benefil of creditors, ap,.a., a
reasailia or trustee for any of the Sellers parperty or basinns, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitimas oftamu used or the imerpretatiou ofthe agreement and the rights of all pewits hereunder shall be
cmtsbued unda and ... eared by the laws ofncc State ofCalomde, USA.
The following Additional Conditions apply only in couses where the Sella is to perform and heeunder.
including the services of Sellers Reprexosafi bens) on the premises ofmhax.
Il. SELLERS RESPONSIBILITY.
The Seller shall tarty oa said weak al Sellers nun task until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Sellers fund completion and
c eptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials
and equipment are fuanished by others for installation or erection by the Seller, the Seller shall receive, anlwd,
store and handle same at the site and become responsible therefor as though such materials aarVor equipment
were being (uMsha by the Seiler under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide far the payment of workers compensation, including accumancral
disease benefits, to its employees employed on or in connection with the weak covered by this parchase order,
andror to tEeir dependents in accordance with the laws of the sure in which the work is to be done. The Seller
shall also carry wmprelamive general liability including, but not limited to, contractual and automobile public
liability insurance with buddy injury end death limits of at least SJW,Wo for any one Person, S5au ow for any
one widen and property damage limit per accident of SIM,000. The Seller shall likewise require his
ontmewars, if any, to provide Far such enmpersation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
thin such compensation and in a have been provided. Such cenifcares shall .,seat, the data when such
compensation and insurance have been provided Such certificates shall specify the date what such comisetuation
and ineralrome, expires. The Seller egren Nat such compensation and insurance shall be mainraimd until after the
entire weak is completed and accepted.
19. PROTECTION AGAMST ACCIDENTS AND DAMAGES.
The Seller hereby a¢umn the court mlousibility and liability far any and all damage, loss or injury ofany kind
or nature whanarever to persons or prelacy caused by or mulling from to execution ofthe 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 officers, agents and employees from as 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 put or subject by reason of any an, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors olT¢em, agents or employees. In canow, any suit or other
proceedings shall be bought against the Purchaser, at its o icas, agents Or employers at my time an account or
by reason of any act action, ncglen, omission or default of the Sella of any of his contractors or any of its or
Neil officers, agates or employees as aforemid, the Sella hereby agrees Id nsunre the defame thaeaf and .
defend to come at the Sellers awn expense, to pay any and.11 costs, charges, i tumans, fees rand done, experses,
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 proceedings, and in ww judgment or other lien be, placed upon or
obtained against rise property ofthe Purchazen or said parties in or as a result crunch suits or other proceedings,
the Seller will a, once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his commerm, shall sake all safety precautions, famish and install all guards necessary for the 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 roles and regulations issue pursuant Remo.
Revised 072014