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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9146784 (2)PURCHASE ORDER PO Number Page City, of PURCHASE 946784 , of 2 ' `F6rt Collins( This number must packing V on all invoices, packing sli s and labels. Date: 12/29/2014 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: 12/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Change Order#1 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:purchasingQfogov.com 1 LOT EA -10,337.67 Total Pay terms net 30 days Invoice Address: .67 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 Fort Collins is exempt from some and local mxm. Our Exemption Numbs is 98-04502. Fderal Excise Tax Exemption Cenifcare of Registry M 6000589 is registered with the Collector of haemal Revenue, Denver, Colorado (Her Colorado Revisal Statute, 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifimtiom, either when shipped or due to defects of damage in transit, may be reamed to you for credit and are not m be requited except upon receipt of written instructions from be City of Fort Collins. Impeaioa GOODS are subject in the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of be merchandise, stormicon or equipment in response to this order env result in aulhonzed payment on be pan of the Ciry of ran Collins. However, it is to M undemuod that FINAL ACCEPTANCE is dependent upon completion of all applicable requital inspection procedures. Freight Terms. Shipments must be FOG., City Of ran Collins, 700 Wood St., Pon Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the anginal freight bill must accompany invoice. Additional charges far Packing will col he azcepted. Shipment Distance. Where manufacturers have d trilmd, points in various pans of he country, shipment is .,wed from the sanest distribution point to destination, and excess Freight will be deduaal from Invoice when shipments are made Item greater distame. I I. NON WAIVER. Failure of the Purchaser to imisr upon strict performance of the tenor and conditions hereof, failure or delay to exercise any rights or mmedim provided herein or by law, failure to promptly notiy the Seller in the evmt of a breach the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Sella of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaur to insist upon strict performance hereofor any of its rights or remedies as to any such good, regardlus of when shipped, received or accepted, m to any prior or subsgtmma default hneunder, nor shall any purportal am[ modifiation or rescission of this purchase order by dos Purchaser operate as a wain" of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and be Purchaser rapport but in actml economic repair , overcharges resulting from mtitmst violations are in fact home by the Purchaser. Ther"wfore, for good cause and as cosidanion for excam, this purchase order, the Seller hereby noigns m be Purchase any and all claims it may now have Or hem.fla acquired under federal or state animist laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaur pursuant W this purchase Omer. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Wilk Purchase, domax be Seller to cotren nonconforming or defective goods by a date W be agreed upon by be Purchaser and the Sella, and the Seller thetedfter indicates its lability err unwillingness W comply, the Purchaser toy auu the work W be performed by the most expeditions means available W it, and the Sella shall pay all at associated with such work. Permits. Sella shall p ccum at sellers sole cost all necessary permits, certificates and licenses rammed by all applicable laws, regulations, ordinances and rules of the spite, municipality, territory or political subdivision where the work is pei frrned, ar rquired by any .,]air duly constituted public authority having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fan Collins hint from and against all liability and loss incurred by them by reason Of an asserted or established violation of any such laws, regulations, mdinin ces, tales rx,tommenm. Authorization. All panics to this contract agree that the reprtunmtives are, in fact, bona fide and possess full and complete rabority to bind said parties. LIMITATION OF TERMS. This Purchase Omer expressly limits accepmn o W be terms and conditions stated herein set form and any ssairr.Vainy or additional a. and condition, amcxal hereto or incorporated herein by reference. Any additional or different teams and conditions proposed by seller ve objected to and h,mby jmtd. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted.'Gme is of the essence. Delivery and performance must be effected within the time unreel oa the purchase Omer and the docamens attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of his provision In be event army delay, the Purchaser shall have, in addition to other legal and ryuitable remedies, the option.fplacing Nis wider elsewhere and holding the Sella liable for damages. However, the Sella shall trot be liable rut damages as a result of delays due to aows not ncwwnably foreseeable which art beyond its reasooable comml and without its fault of negligence, such acts of God, ads ofcivil or military authomus, govemmmul prioriumBut, strikes, flood, ciidemirs, wens or dos provided that notice of the conditions coming such delay is given to the P rchasa within five (5) days of be time when the Seller first received knowledge then.[ 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 of the delay. 3. WARRANTY. The Seller wurrous that all Sand, entitles, materials and work covered by this order will conform with applicable drawings, specifications, mmplm and/or other descriptions given, will he fit for be purposes immded, mad pcR ed with be highest doll. of are and competence in mcordavice with ame,g d standards far work of is similar vtum, The Selltt agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may sttffa at incur on account ofbe Sellers branch ofwanavry. The Sella shall replace, ripen or make good, without cost W the pumhaxm any defects or faults raising within one (1) year or within such longer period of time ss may he prescribed by law or by the team army applicable wamnnty provided by be Sella after the dam of acceptance of use goods fumishal haemder (acceptance not W he unreasonably delayed), resulting Item impartial or defective work done or materials famished by the Seller. Acceptance or rare of good by the Purchaser shall or constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase omen, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantors, but such liability shall in no event include loss of pmfis or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes W legal teams by wagon change ode,. 5. CHANGES IN COMMERCIAL TERMS. The PumNmV may make any changes W the tense:, other than legal terms, including additions to or deletions from the quantities musically ordered in the specifications Or drawings, by verbal or .,,on change order. If any tech change affects the amount due or the time ofpedormance hereunder, an equitable adjuaman shall be mode. 6. TERMINATIONS. The Purchaser may at any time by within change order, mtmitate this agreement as to my or all portions of the goods then not shipped, subject to my Optimism adjustment between be parries as to any work or materials ben in progyess provided but the Parchnsa shall at be liable for my claims for mticipatal profits on be uncompleted portion of be goods and/or work, far incidental in comquentbl damages, and that no such odjarmreat ha made in favor of the Sella with respect to any good which art be Sellers mandmd stack. No such mnmdmfon shall relieve the Pumbrom or the Seller army of heir obligations as to my good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wannmra that all goods said hereunder shdl have been produced, said delivered mill famished in strict compliance with ell applicable laws and rcgulafons m which the goad art sabjat The Seller shall Va to and deliver such dommmm as may be rquined W effect or evideaee compliance. All laws and population m rim ed It be uninformed at agreements of this cha pour are hereby mcoryomsed herein by this reference. The Seller agrees It indemnify and hold the Purchases hmmless four all costs and damages suffered by be Purchaser as a result of the Sclms failure to comply with such law. 9. ASSIGNMENT. Neither party shill assign, transfer, or convey this order, or my monies due or to became due hereunder without the prior arisen convent of the other pang. 10. TITLE. The Sella %full, clmr and pmesaraed file W be parchasa for ell equipment, mmenals, and it. famished in perform a of his agmn rtm, d Van of my and all liessecu , resbicfons, resmapas., rity mureal ancumbruncesc and claims o(odrem. The Seller shall release the Purchaser and is contractors of any tier from all liability and claims of any nature morning from the performance afsuch work. Phis release shall apply even in the event of fault of negligence of ale party released and shall extend W the directors, once. and empi,a, nfauvh party. The Sellers tent ,.I obligations, including warranty, shall not be deemed W Its, reduced, in any way, became such work is pent dor mused to be performed by the Pamlaser. 14. PATENTS. Whenever be Seller Is requirtJ to use any design, desire, material or process covered by letter, paten, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infnngar ent by reamn 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 completion of the work. In case said equipment, or any pan Hereof or the intended use of the goods, is in such suit held to cosfmte infringement and be use of said equipment or pm is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right W continue sing said quipment in at fili ale same with substantially equal but noninfdnging equipment, or modify it as it beeomn noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or badmpt, make an assignment for the bereft of creditors, appoint a receiver or proper, for any of the Selers property or business, this order may forthwith be canceled by use Purchaser without liability. 16. GOVERNING LAW. The definitions ofterans goal or the interpretation trusts agreement and the fights of all posies hereunder shall be cantonal under and g..d by be laws of the State of Colomdo, USA. The following Additional Conditions apply Only in emus where be Seller u to perform work hemundm, including the services of Sellers Reptesenmfve(s), Our be premises.fothers. 17, SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellms own ask. ,it the same is fully completed and accepted, and shall, in u of any accident, destmclion or injury to the work and/or mo mats heron, Sellers final completion and acceptance, complete the work at Sellers Own expense and to the satisfaction of the Purchaser. When materials and equipment are fumishal by other for installation in erection by the Sella,, tare Seller shall receive, unload, store and handle more at the site and become responsible therefor as bough such mmmals and/or equipment %ere being( ished "a Sell" under the order. 18. INSURANCE. The Sege, shall, at his own expense, provide for the pay rani of workers compensation, including occupational disease benefrs, to its employs employed an or in connection with the work rowed by this purchase order, and/or to their dependents in sccepance with be laws of the ship, in which be work is to the done. The Sella shall calm carry comprehensive mand liability including, but no, limipm an, comactual and automobile public liability invarranox, with bodily injury and death limits of al least $300,000 for any one person, $500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise squire his conarmon, if any, to provide for such compensation and insurance. Before any of the Sellers or his commc om employees shall do any work upon be premises of others, the Sella shall popish be Purchaser with a certificate that such compensation and isumarm have been provided Such compares, shall specify the data what such mpenmtian and Insurance have been provided. Such ceniftcatm shin specifr the doe when such campesndm and insurance expires. The Sella agrees that such c.mpmsatim and announce shall be maintained until after be entice work is completed nod accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my road ell damage, loss or injury of my kind or nature whatsoever to perw m or property cansN by or moulting form be execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchm" and any r all of the Pmchasem officers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property W which elm Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of be Seller, my of his m infifi ors, or my of the Sellers or contractors officers, agents in employees. In case my suit or ouser proceedings shall be brought against Na Purchaser, or its officers, agents or employees at my time on xw=t or by coming of any act, action, neglect, omission or default of be Sella of my of his martmcmrs or my of its or their aflicem, agoals m employees as aforesaid be Sella hereby agrees Iw assume be defense ffi.f and to defend be same at be Sellers own expense, to pay any and ell corm, char as, attorneys fens mad Ober expenses, any and all judgments bar may be incurred by or obtained against be Pmchawr or my of its or their officers, agents or employees in such suits or other proceedings, and in craw judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parries in or as a result afsuch sums or other primadmgs, be Seller will at one cause the same to be dissolved and discharged by giving bond or i betwiu. The Seller and his contractors shall take all safety pmemmons, famish and install all guards necessary for the prevention of accident comply with all laws and regulations with regard W mfery including, but without limitation, the Occupational Safety and Health Ad of 1970 and all tales and regulations issued pursuant berno. Revised 07n014