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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9146784PURCHASE ORDER PO Number Page City of PURCHASE 9146784 1012 `t Collins ollins Thisnumber must appear 1 1 on all invoices, packing sli s and labels. Date: 11/20/2014 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: 11/20/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price r CONSTRUCTION CONTRACTS WO #H-WRF-2014-17 E GATE RELOC 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.wrn 1 LOT LS 23,532.00 Total 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 DEFAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-01502. Federal Excise Tax Exemption Certificate of Registry S4fi00058] is registered with the Collector of Intemal Revmue, Denser. Colorado (ICE. Colomdo Revised Stories 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet speci0catioas, either when shipped or due to defds of damage in broad, may h retuned to you for credit and arc not to he replaced except upon receipt of wrinen instrwtioru from the City aCFan Collins. Inspection. GOODS are subject to the City appoint Collins inspection can arrival. Final Acceptance. Receipt of the merchandise, ser equipment in response to this order can result in authorized payment on the pan of the City of Foe Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon compleion of all applicable required impection procedures. Freight Terms. Shipments must W F.O.B., City of Fan Collins, 700 Wood S,, Fort Collins, CO 80522, unlass otherwise specified on this order. Ifpermisslon is given to prepay freight and charge separately, the original freight bill mvn acemmuanv invoice. Additional chmues for wekin r will not be accented. Shipment Distance. Where manufacturers have distributing points in canon pans of the mumry, shipment is expected from the nmtest distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all naesary permits, certificates and licemes required by all applicable laws, mgulanci s, ordinances and mles of the stale, municipality, territory or political subdivision where the work is performed, or required by any other duly ruminated public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fos Collim harmless from and against all liability and loss incurred by them by mason upon marred or established violation of my such laws, regulation, on inum a, mles and requirements. Authorization. All ponies to this contract agree that the represamtives are, in fact, bow file and possess full and complete authority to bind said posies. LIMITATION OF TERMS. This purchase Order expressly limits mceptmce to the lands and conditions mated herein set foM and any supplementary or additioml terms aM conditions annexed hereto in incorporated herein by reference. Any additional or diDetmt terms and conditions proposed by seller are objected to and hereby jested. 2. DELI VERY. PLEASE ADVISE PURCHASING AGENT inrm dimly if you car at make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance mot be effected within the time stated on the purchase order and she documents attached hereto. No acts of the Purchasers including, without limitation, at,. of partial fare deliveries, shall operant as a waiver, ofthis provision. In the event of my delay, rise Purchaser shall have, in addition W other legal und equitable remedies, the option of placing this order elsewhere and Finding the Seller liable for damages. (however, the Seller shall not he liable for damages as a result of delnyx due to causes not reasonably foreseeable which we beyond its reasonable mutual and without its fault of negligence, such ots ofGM, acts ofcivil or military authorities, governmental priorities. fires, mikes. BOW, apidemics, was or riots provided that entice of the conditions causing such dehy is given to the Purchaser within five (5) dap of the time when the Seller first received knowledge thereat In the event of any such delay, the date of delivery shill he extended for the period equal m the rime otaally tom by reason of the delay. 3. WARRANTY. The Seller womn6 that all goods, asides, mmeriak and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the patpmes intended, and performed with the highest degree of rare and competence in mcoolame with oceded standard for work of a similar namm, The Sella agrees to hold the purchaser boundess from any loss, damage or expense which the Purchaser may suffer a incur on account of the Sellers breach of wammy. The Seller shall replace, repair or make god, without cost to the purchoseq 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 army applicable watmnty provided by the Seller after the date of acceptance of the good famished hereunder (accepance not be commonality delayed), resulting from imperfect or defective work dorc a materials frmished by the Sella. Acceptance or use, of good by the Purchaser shall not candidate a waiver of any claim under this warranty. Except as othcrwise provided in this parchiu order, the Sellers liability hereunder, shall extend to all damages proximately caused by the breach of any of the foregoing warramm, or gmrmmes, bur such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The purchaser may make changes to legal lams by woo change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, aster than legal terns, including additions to or deletions roam the quantities on,lwlly ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount due or the time of performance hereuda, an equitable djuument shill be made. 6. TERMINATIONS. The Purchaser may at my time by written change other, terminate this agreement as to any or all portions of the good than not shipped, subject to any emtitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall or be, liable for any claims for anticipated profits on the uncompleted Portion of the goads torpor work, for imidmml or catuequential damages, ad that am such edaishro t be made in favor of the Seller with respect to my good which are the Sellers standard stack. No such motirafion shall relieve the Purchase or the Seller afwy of Nei, obligation ax to any grad delivered betermder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be warned within thirty (30) days from the date the change or termination is ombered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Smashed in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents is may No required to elfen or evidence compliance. All laws and regulations required to be incorporated in agreements of this character art hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser bamless from all carts and damages suffered by the Purchases as a result of th, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, number, or convey this number, or any monies due or to become due hereunder without the prior welter consent of the other parry. 10. TITLE. The Sell,, wit. full, clear and unrestricted title to the facts. for all equipment, materials, end it. famished in performance of this agmaroot, free and clear of any and all Item, restriction, clam aliom, mewry, interest encumbrances and claims of others. I L NON WAIVER. Failure of the Purebuer to insist upon strict performance of the terms and conditions Remo[ failure or delay to examise any rights or manages provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceptance of or payment for goods heremder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strct performance hereof or my of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, in m any prior or subsequent default hereunder, ter shall my purposed oral modifwtion or rascissioa of Wis promote order by the Purchasercomic ss a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser recognize that in actual economic practice, overcharges resulting from vard ast vlolatiom arc in fact home by the Purchnser. Theretofore, for good cause and as consideration fro executing this purchase color, the Seller hereby assigns to the Purchaser any and all claims it nay now have or hereafter acquired under federal or state antitrust laws for such mercharges relming to the particular good in services purchased or acquired by the purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to rams nonconforming or defective goods by a date to be agreed upon by the Purchecr and the Seller, and the Seller thereafter indicates its inability or unwillingnessm comply, the Purchaser may came the work to be performed by the most expeditious meant 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 her from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of rmgligence of the pray released and shall extend m the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warcnty. shall nor be, deemed to be reduced, in any way, became such work is pieformM or caused m be performed by the Purchmer. 14. PATENTS. Whenever the Seller is required to use my design, device, wrmal or process coveted by laser, pxrom, mdemark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, daice, material or prwess in connection with the connect, and shall indemnify the Purchaser for any cost, expense nr damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the woh. In case said equipment, or any pan thereof a the intended use of den goods, u in such suit held Ice constitute infringement and the use of said equipment or pan is enjoined. the Seller ski at its own cxpeoo and at its option, either procure for the Purchmer the right to continue min, said equipment or pans, replace the same with substantially equal but non minging equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became Insolvent or working, make an assignment for the benefit of cmditont, appoint a ravive, or troche, for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemts used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws of the Scree of Colorado, USA. The fallowing Additional Conditions apply an, in cases where the Srller is as pert work hereunder, including the services ofSellers Reptesentativr(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Sellers own risk until the same is fully completed and accepted, and shall, in cam of any accident, desuuction or injury to the woh wi mmemba bet Sellers Final completion and acceptance, complete the work at Sellers own expense and to the s dis4etion of the purchaser. When croma B and equipment are f island by others for installation or erection by the Seller, the Sella shall receive, unload. scare and handle same at the site and become responsible therefor is, though such materials and/or equipment were being famished by the Seller under the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compere am, including occupatimal disease benefits, to its employees employed on or in contraction with the work covered by this purchase order, anNor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but nor limited to. mntmcmal and automobile public liability insurance with tautly injury and death limits of at Icast SYNILM for any one person, S500,000 for my we accident and property damage limit per accident of $400,000. Th, Sella shall likewise require his contractors, if say, to provide for such compensation and insurance. Before my of den Sellers or his commctos, employees shall do any work upon the pmmum of others. the Seller shell furnish the Purchear with a mnifmte that such compensation and insurance have been provided. Such certificates shall specify the data when such mpensntion and insurance have been provided. Such cerifica es shall speciry the dare when such compenation and insurance expires. The Seller agrees that such compensation and insurance shall hi maintained until other the entire work is completed and oceptcd 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumer the entire responsibility and liability for my and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchem order or in connection herewith. The Seller will indemnify and hold hamless the Purchmer and any r all of the Purchmeofficers, agents ad employees Item and against any and all claims, losses, damages, cParchment; or expenses, whether direct in indirect, and whether to perms or primary to which the Pomhett may hi put or subject by ,¢ran of any act, otion. neglect, omission or default an the pm of the Sella, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In ease my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by aeon of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents in employees a m rma id, the Sella hereby agrees to assume the defense themrf and to defend the same at the Sellers own expense, as pay my and all costs, charges, avomeys fees and other expenses, any and all judgments then may be incurred by or obtained against the Parches or any of its or their officers, agents or employees in such suits or other proceedings, and in case, judgment or other lien the placed upon or obtained against the property of the Purchett, or said parties in or m a result of such suits or other proceedings, the Seller will at more, cause the same to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety Formation, famish and install all guards necessary for the prevention of accidents, comply with all laws and re,uloiom with regard to safety including, but without limitation, the Occupational Safety and Health Ace of 1970 and all rules and regulations issued pursuant tharem. Revisrd 07R014