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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9146975Fort Collins Date: 11/26/2014 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 PO Number Page 9146975 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80525 Delivery Date: 11/26/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSTRUCTION CONTRACTS WO #M-WRF-2014-15 1 LOT LS 7220 W, WW Treatment & Site Infrastructure Design Construction i lJ'PrAi. 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 808,654.00 Total $808,654.00 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 L COMMERCIAL DETAILS. Tax exempliom. By stable the Cityof Fon Collor is exempt from lute and local taxes. Our Exemption Number is 98,M502. Federal Excise Tax Exemption Certificate of Registry M-6000581 is registered with the Collector of moment Revenue, Denver, Colorado (Ref Cut—& Revised Subta 1973, Chapter 39-26, 114 hq) Goods Rejected GOODS REJECTED due as failure to men specifications, cited what shipped or due to defects of damage in ttaruik may be resumed to you for credit and are not to boo rrylaced except upon recaps of women imsructians from the City effort Collins. Impaction. GOODS arc subject to she City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, somims ar equipment in respinam to this order can r esult in auNorimed paybal on the pan of the City of Tom Collins. However, it is to be, understood thatFINAL ACCEPTANCE is dcpcndem upon completion are][ applicable required inspection procedures. Freight Terms. Shipments most be F O.B., City of Fort Collins, 700 Wood St, ['on Collins, CO 80522, unless otherwise specified on this order. Upermission is given to prepay freight cod charge separately, the aquad freight bill most accompany invoice. Additional charges for packing will not be acceptd. Shipment Distance. Where manufacturers have disniembf points in an.., pans of the country, shipment is expected from the narest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made from greater distance. Permits. Seller shall procure at sellers to at rill necessary pennies, cenifiwtes and licenses earned by all applicable luws, regulations, ordimumv and roles of the state, municipukry, amen ry or final subdivision when the work is pert ed, or r yuired by any other duly wmdtmed public amhonry having jurisdiction ova the work of corder. Sella further agrees to hold the City of Fort Collins harmless fmm and against all liability add loss incurred by them by moron of an seasoned a mablisbai violation of any such laws, regulations, omirances, rules and rekdrerseam. A banicution. All ponies in this comae, agree that the reproxamivas are, in fat bore fide and passes, full and complete amhodry to bind mid parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the farms and conditions stated herein set forth and any s ipplemrnury or additional tens and conditions mmoxcd harem or incorpomrN herein by reference. Any additional or different teats and conditions proposed by seller ere objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immedimely if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and per[omance most be oflaeted within the time stated on fl o Purchase aide, and the documents attached hereto. No nets of the Purchasers including, without limitation, accepance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to be, legal and equitable remedies, the option of placing this Omer elsewhere and holding the Seller liable for damages. However, the Seller shall not b, 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 acts of Gast, acts ofcivil or military authorities, govmmnental pasoritiou, fires, strikes, Rood, epidemics, wars Or fiats provided that notice of the conditions causing such delay is given to the Purchaser within fve (5) days of the time when the Seller first received knowledge thereat 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 offle delay. 3. WARRANTY. The Sella warrants that all good, articles, materials and work covered by this odor will conform with applicable drawings, i scUirotions, samples tongue other descriptions given, will be fit for the papooses intended, and performed with the highest degree of rare and competence in accordance with rumpled standard for work of a similar mature. The Seller agrees to hold be purchaser harmless fmm any loss, damage or expense which the Pumhaer may suffer or Irian on account ofthe Sellers breach ofwarmnry. The Sella shall replace, repair or make good, without cost to the purchaser, any defers or hunts, arising within one (1) year or within such longer period of time as may be prescdbed by law or by the tams of my applicable warranty provided by be Sella after to date of acceptance of the goods famished hemmdef merepmare not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Sella. Acceptance or them of goods by the Purchutt shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hemundcr shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liabil iry shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. no Purchaser may make any changes to the terms, other than legal temp, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnen change order. If any such change affects the amount due or the time ofpcebro mrem hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purchaser may at may time by written change order, teni ante Nis ogre tram as W any or all portions of Ne good than net shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided but the Purchaser shall not nd liable for any claims for anticipated profs on the uncompleted portion of the good andfor work, for incidental or consequential damages, and that an such adjustment be made in favor of the Sella with respect to any goods which art the Sellers standard stock. No such irradiation shall relieve the Forebear or the Seller ofeby ofthev obligations a many goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days Pram the Jute the change or termination is rmhom& 8. COMPLIANCE WITH LAW. The Sella wam.ms char all goad sold hereunder shall have been produced, sold, delivered and famished in strict compliance with .II applicable laws and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and m,amic re, required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harlles from all costs and damages suft ed by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this Omer, or my moaies due or to become due hereunder without the prior women consent ofthe other parry. 10. TITLE The Seller warrants full, clew and wraanned title to the Purchaser fro all equipment. materials, and items fnmushnd in performance of this ageeement poor anal clan of any and all lieu, restrictions, moospormres, security names encumbrance and claims ofothers. I L NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms at conditions hereof. failure of delay to exercise any rights or remediesherein Or provided hereerr by law, failure to promptly modify the Seller in the event of a breach th, acaeptance ofor payment for goods hereander or approval afthe design, shall not release the Sella of any of be wamnties or obligations of this purchase order and shall rot be deemed a waiver of any right of the purchaser to meat upon shin pert race hercofor any of its rights or remedies as to any such good, ralinu es, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmpuned oral modification or rescission of this purthase order by thc Pumhasef opcmte as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges mauling from antitrust iol vations art in fact home by the Precision. Theretofore, for good cause and ss consideration for executing this purchase order, the Seller hereby nouges to the Purchaser any and all claims it may now have or hereafter acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services par ha sed or acquired by the Purchaser pursuant to this purchase Omer. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchnsa directs the Seller to correct nonconforming or defective gaud by a date to be agroal upon by the Purchaser nerd the Sella, and the Seller thereafter indicates its inability or unwill inform to comply, the Purchaser may cause the work m be perfonal by the most expeditious means available to .1, and the Sella shall pay all casts associated with such work. The Sella shall releae the Purchaser and its contractors of any tier from all liability and claims of any ..hire resulting from the performance ofauch work. This release shall apply even in the event of fault of negligence of the party released sual shall extend to the direnom, officers and employees ofaucb parry. The Sellers continental obligations, including wamny shelf ter be deemed to he reduced, in any way, because such work is performed or roused to be performed by the Purchases. 14, PATENS. Whenever the Seller is required to use any design, devar, material or process covered by tenor, parent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by ream. of the use of such paented 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 rmson ofsO,h infringement at any time during the pommaricn or offer the .,fine. of the work. In case said equipment or any an sharof or Its intended use of the goods, is in such suit held to constitute iufringemear said the use of said equipment or pan is enjoined, the Seller shall, at its own expense end at its option, either procure fur the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become insolvent or badnsplr make an assignment for the bereft of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. no definitions afterms used or the interpretation of the agreement and the rights of dl parties formal shall be command under art govcmrd by Ore laws Ofba Sate of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hermnder, including the service of Sellers Repmsentaive(s), on the premises oforhers. 17. SELLERS RESPONSIBILITY. The Sella shall may on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to be work algor materials before Sellers final completion and acceptance, complete the work in Sellers own express, and to by satisfaction of the Purchaser. When materials .it equipment arc famished by others far installation or erection by the Sella,, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such nmteoals ungor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, in his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the, work covered by this purchase order, angar to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry cumprchens ee gairml liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,IX0 for any one accident and property damage limit per accident of S400,000. The Sella shall likewise require his contnetors, if any, to provide for such mmprtssm n and itrswance. Before say of the Sellers an his contractors employees shall do any work upon the premves of others, the Sella shall fbribb the Purehasa wit a cenifcme Hart such compensation oral insurance have been provided Such certifenta shall specify the date when such compenmtion rot mintrmem have been provided. Such cafficates shall specify the dime what such connote Lion and invamre expires. The Seller agrees that such comereseation and becomes, shall be mainuired until fifer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume the attire responsibility and liability far any and.11 damage, loss or i jury of any kind or mature whatsoever to persons or properly, caused by or resulting fmm the execution offs work provided for in this pumhese order or in connection hacomb, The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether dead or indirm, and whether to persons or property to which the Purchaser may be put or subject by reason of any act action, neglet omission or default an the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, 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 on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or amplUms as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmenu Nee may he incurred by or obtained against the Purchaser or any of its or Nei, oMo., agents or employees in such suits or other proceedings, and in case judgment or office lien M placed upon or obtained agairsss the property of the Purchaser, or said parties in or as a result ofauch suits or other proceedings, the Seller will at once cause the same to be dussohed and discharged by giving bond of otherwise. The Sella and his contractors shall take all safety precautions, famish art invest] dl grand nec¢mry for the presentation of accidents, comply wit all boas and regulations with regard to safety including, but without formation, the Occupational Safety ad Health Act of 19'!0 rot all mos and regulationsuestsM pursuant thereto. Revised 07n014