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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9140755 (3)of Fort Collins Date: 12/31/2014 PURCHASE ORDER Vendor: 109420 HYDRO CONSTRUCTION CO INC 301 E LINCOLN AVE FORT COLLINS CO 80524-2505 PO Number Page 9140755 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 12/31/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 CONSTRUCTION SERVICES Rigden Reservoir -Natural Areas P,4 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 1 LOT EA 243,400.11 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 11 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from time and local Cues. Our Exemption Numbs is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of tbe Purchmer, minor upon strict perf anex of the tams and condition hereof, failure w delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stature, 1973, Chapter 39-26, 114 (a). sercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance al'a payment for goods hereunder or approval arms design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of any of the warranties or obligatiom of this purchase order and shall not be deemed a waiver of any right of the damage in mount, may be returned to you for credit and are not to be replaced except upon meipt of woman purchaser to insist upon strict performance hereafor any of us rights or ranedics as to any such goods, regardless instructions from the City affair Collin. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my parliament oral modification or mannomn of this purchase order by the Purchaser o,ate us a waiver of any of the team Imper ion. GOODS me subjert no the City of I. Collins inspection on mrival. hereof. Final Acceptance. Receipt of the merehandise, sakes in equipment in response, to this order an mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. wthrrized payment on the pan of the City of Fort Collins. However, it is ra be uMrrstood Out FINAL Seller end the Parishioner rxogniu that in actual arrommir practice, wrochargem mulling from antitrust ACCEPTANCE is dependent upon completion of all applicable required imposition procedures. violations are in fact home by the Purchaser. Themofore, for good came ad as consideration for executing this purchase order, the Seller hereby assigns so the Purchaser my ad all claims it may now have or hereafter Freight Terms. Shipments must he F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state national laws for such overcharges relating to the particular goods w services Otherwise specified an this order. If permission is given W prepay freight and charge separately, the original freight purchased or acquit by live Purchase, ormand to this purchase order, hill must account,... invoice. Additional elicar. s for mukinn will not be accented. Shipment Distance. Where naranalsommas have distributing points in vionow, pans of the country, shipment is expected from the veamt distribution paint to dstimtion, and excess freight will W deducted from Invoice when shipments are made from gfrmar dismem, Pemdts. Seller shall procure at sellers sole cot all necessary permits, certificates mark licener required by all applicable lass, regulation, ordiwntts and rates of the state, municiW lity, territory or political subdivision where the wort is performed, or required by my other duly emotional public authority havingjuridiction over Ore work of vendor. Seller further agree to hold the City of Fort Collins hornless from and against all liability and loss incurred by them by reawn of con asserted or asrablisbd violation of any such laws, regulations, ondimnces, rates and rex,mmnw mv. Authorization, All ponies to this contract agree that the oWnesenmrives are, in fact, boon fide and possess toll and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits occeptwce n. the semis and conditions stated herein set forth and my supplementary or additional terms and condition annexM hereto m iwarpomted herein by rofereme. Any additional or different errm and conditions proposed by seller are objected to ad hereby injected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yam cannot make complee shipment in arrive on your promiud delivery date as noted. Time is of the essence. Delivery and performance most be of atd within the time smtd on the purchase order and the documents warbal hereto. No arm of the Purchasers including, without limitation, acceptance of partial late delivenes, shall opeate os a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal end aNitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays due to causes not reasonably fomminkle which are beyond its reasonable control and without in fault ofnegligence, such acts of Gad, arm of tivil or military authorities, governmental prior ies, Gres, strikes, flood, epidemics, wars err riots provided that more of the conditions coning such delay is given m the Purchaser within five (5) days of the time when the Seller first received knowledge derwf. In the event of any such delay, the date of delivery shall Ire consisted for the period equal to the time actually lost by rawn of the delay. 3. WARRANTY. The Seller warrmm that all good, articles, materials and work covered by this order will without with applicable drawings, specifrcanom, samples enNor other description given, will be fit for the purposer intcndrd, and perforated with the highest degree of care and competence in accordance with accepted stuMards for work of a similar ware. The Seller agrees to hold the purchaser harmless from any loss, damage or expense 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 to the purchases, any defects or faults arising within one (1) year or within such longer period of time me maybe poco Abel by law or by the names ofmy applicable warranty provided by the Seller after the date of acceptance of the good banished hereunder (acceprance not to he unn,monably delayed), resulting from imperf t or defective work done w materials Furnished] by the Seller. Acceptance err use of good by the Purchase shall sat onstie to a waiver of any claim udcr this warranty. Except as mherwive provided in Nis purchase order, the Sellers liability hommorkr shall extend not all damages proximately caused by the beach of any of the rorcgoing wants,;. or guarantees, but such liability will in no event include lass ofpmfim or loss Glove. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The purchmer may rake changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my change to the mom, other Nan legal terms, including additions to or deletions from the quantities originally mden,d in the specifications or dmwinpy, by verbal Or women change order. If any such change ofecm the amount due or flu time .17palmomm, hereuMa, or equitable tljmtmanl shall be made. 6. TERMINATIONS. The Purchaser may at my time by women claw, What, terminate this agreement as to my or all portion of site gouda den not shipped, subject to my equitable djtsgm st havew the panic as to my work or materials then in progress provided that the Purehasa shall not be liable for my claims for anticipated profits on the anwmpinal portion of the goods rand/or work, for incidental or consequential damages, wed that no such adjustment be made N favor of the Seller with respect to any goad which art the Sellers standard stack. No such lamination shall relieve the Pumhmer or the Seller Of., of their obligations as to any .its delivered harroder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjnstment most be asserted within thirty (30) days form the date tbe change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants Oct all good sold hereunder shall have been produced, old delivered and fumishd in in ict compliane with all applicable laws and rx alexiom to which the goad are subject. The Seller shall excrutc not deliver such documents as maybe required to effect in eAdcna compliance. All laws and regulations required m he incorporated in agreements of this character me hereby incorporated heroin by this reference. The Sella aggreees to indemnify and hold the Purrhasm harmless from all costs and damages suffered by the Purchaser in a result of the Sellers failme to comply with such law. 9. ASSIGNMENT. Neither party shall assign, ouni for, or convey this order, in my monies due or to became, due hereunder without the prior written cossets of the other party. 10. TITLE. The Seller warrants full, clau and tumamicted lithe to the purchaser final[ equipment, matenalc, end it. famished in perfmmance of Otis agreement, free am clear of my and all Item, moiaiion, nsmud., security intrml encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pun haver directs the Seller to correct nonconforming or defective goods by a date to be sped upon by the Purchaser ad the Seller, and the Seller thetraRer indicates am inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditions neam turntable m it, and the Seller shall pay all costs mccimd with such Work - The Seller shall .1. the Purchaser and in comtrecrors of any ter from all liability anal claims of any moue multi., from the performance of such wmi:. This release shall apply even in the event of fault of negligence of the party mleasd and shall extend to the direcors, officers and employees clinch party. The Seller's contractual obligations, including war an, shall not be deemed no be reduced, in any way, because such work is pafmmed or caused to be performed by the Purchaser. 14, PATENTS. Whenever the Sella is required an am any design, device, material or P. coverts] by tenor, pment, trademark or copyright she Sella shall indemnify and save harmless the Proxima from my will all claims fun infringement by reason of the tsar of such patented design, device, ram mial m process in connection with the contract, ad shall idemnify the Purchases for my and, e.,. or damage which a may be obliged to pay by teams ofsrch infringement at my time during the procuration or a0er the completion of she work. In case said equipment. or any pan toreof or the intended me of thc gods, is to such suit held to constitute infringement and the Ise 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 to continue ming said equipment or pans, replace the same with substantially egwl but naninfringing equipment, or modify it m it becomes noninfringing. 15. INSOLVENCY. If de Seller shall become insolvent or bankrupt, make w assignment for the benefit of creditors, appoint a recanor or trmme for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions .fit. used or the interyrem mn ofthe agreement and the rights of all parties hen,mda shall be continued under end governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work herewdea including the services of Sellers Represenwive(s), on the premises ofothas. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk unfit the same is fully completed and accepted, and shall, in case of my accident, dertmction or injury, to the work and or materials before Sellers f 1 completion and aceeptmw, complete the work at Sellers own expense end to the satisfaction of the Purchaser. When mwmals ad equipment ere f ash d by others for installation or aviation by the Seller, Oe Sella shall teceive, unload, state and hadle same an rate sire and became mponible therefor as though such twterials maii equipment were being famishd by the Seller unda fie under. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including ocupato nd disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or 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 not limited to, communist ad automobile public Liability insurance with buddy injury and death limits of at lent S300,000 for any one person, $500,000 for any e accident and property damage limit per accident of S400,000. The Seller shall likewise regain, his mntroom, if my, to provide for such compensation and inswence. Before my of the Sellers or his contactors employes shall do any work upon tbe premiss of others, the Sella elan famish the Purchaser with a sertificate that such wmproomon and imurame have been provided Such artificam will specify the dine when such m r,modiom and insurance have been provided. Such candwos shall specify the date when such cons parmum and insurance expim. The Seller agrees that such wmpemanim and insurance shall be maintained until after she entire work is completed and ac«ptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby insumrs the entire msponsibility and liability far any end all damage, loss or injury of any kind r aware whatsoever to persons or property caused by or resulting brain the execution ofthe work providd for in this purchase arch or in connection herewith. The Seller will indemnify, and hold harmlrss the Purchaser and any r all of the Purchmers oRcars, agents and employees firm and against my and all claims, losses, damages, charges or expenses, whether direct or indirect. mull whether to persons or property to which the Purchaser may be put or subjat by resson of coy act, action, ncglal, omission or &fault on the pan of the Seller, my of has commission, or my of the Sellers or contactors officers, agents or employees. In case my suit or other proceedings shall be brought again the Purchases, or its offices, ageom err employas at my time an acwant or by ream. of my act, motion, initial, omission or default of the Seller of any of his contractors or my of its or their offs ers, agents or employees in, aforesaid. the Sella hereby agrees to assume the defense thereof and a defend the some at the Sellers own expense, to pay my and all costs, charges, wo mys fees and other expenses, any and all judgments that may be incurred by or obtained agairt the Purchaser or any of its or their officers, agents or employees in such suits or other prweedings, and in case judgment or other lien be placed upon ar obtained against he property, of the Purchaser, or said parties in or as a mull of sch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety prcmtiom, burnish and install all ground naasary for Ore prevention of accidents, comply with 91 laws mull regulations with regard an safrly including• but without limitation, the Occupational Safety and Health Act of 1970 ad all colas and regulmiom issued pursuant there. Revised Unit