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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9150063PO PURCHASE ORDER 915006er Page Cliy. of PURCHASE 9150063 1 of 3 `t Collins This number must appear ` on all invoices, packing sli s and labels. Date: 01/07/2015 Vendor: 109420 Ship To: DRAKE WATER RECLAMATION HYDRO CONSTRUCTION CO INC CITY OF FORT COLLINS 301 E LINCOLN AVE 3036 ENVIRONMENTAL DRIVE FORT COLLINS CO 80524-2505 FORT COLLINS CO 80525 Delivery Date: 01/07/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSTRUCTION CONTRACTS 1 LOT LS 527,000.00 DWRF SPT BNR & REPLCMNT Equipment Procurement, H-WRF-2014-20 2 CONSTRUCTION CONTRACTS 1 LOT LS 48,000.00 DWRF SPT BNR & REPLCMNT 3 CONSTRUCTION CONTRACTS 1 LOT LS 56,000.00 DWRF SPT BNR & REPLCMNT 4 CONSTRUCTION CONTRACTS 1 LOT LS 400,000.00 DWRF SPT BNR & REPLCMNT 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PO PURCHASE ORDER 915006er Page C117/ of PURCHASE 9150063 z er a ' `tChis number must appear ` Collins, 1 on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price s CONSTRUCTION CONTRACTS 1 LOT LS 366,715.00 DWRF SPT BNR & REPLCMNT 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 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 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By status, the City of Pon Collins is exempt fmm state and local taxis. Our Exemption Number is 11. NON WAIV ER. 98-04502. Federal Eahm Tax Exemption Cmificate of Registry 84,4000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and condition heal failure or delay to I.e.[ Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chaplet 39-26, 114 (a). exervism any rights m remedies provided Man or by law, failure to primarily ratify the Seller in the event of a breach, the acceptance after Wyment for good haeuoder or approval of the design, shall not release the Seller of Good RejectM. GOODS REJECTED due to failure to meet specification, eidwa when shipped or due to defects of my of the wamnties or obligations of this purchase order suit shall not be deemed a waiver of any right of the damage in nansi4 may be retuned so you for credit and ere rat to be replaced except upon racist of written Purchaser to insist upon strict perfomantt to reafor any of its rights or remedies in to any such good, regardless, intnation fmm the City of ran Collins. of when shipped, received or accepted, as to any in, or subsequent default heremda, nor, shall any purPoned oral modification or rescission of this purchase order by the purchase, operate as a waiver of any of Ne terns hesitance. GOODS are subject to do City of Fort Collins impaction an arrival. hereof. Final Acceptance. Receipt of the meclvardise, services or equipment in response so this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fon Collins. However, it is as be mdersrood that FINAL Seller and the Purchaser tecoPp¢e Nat N annul rae ac is pctice, mmhorgn resulting from mti, ACCEPTANCE is dependent upon completion colt applicable required inspection procedures. violation are in fact boom by the Purchaser. Theretoforee,for good muse and as consideration for executing Nis purchase order, the Seller hereby assign to the Purchaser any cad all claims it may now have a bercafe, Freight To.. Shipments must be F.O.B., City of Fort Collins, 700 Wood St-, Fort Collins, CO 80522, unless acquired under federal or some comment laws for such overcharge, reining as the particular goods or services otherwise specified on this order. Upermission is given to prep y freight and charge separately, Ne original freight pu¢Iwu l or acquired by the Pmchaserpursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be unsalted. Shipment Distance. Where manufacturers have distributing points in various pans of the coumry, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted farm Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary pemain, mainframe and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfomed, or required by any other duly constituted public authority having juria lictim over the work of vender. Seller furl,,. agrees to half the City of Fun Collins harmless from and against all liability and loss morainal by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miss and requlcemems. AUNorizalim. All panics to this contract ogres Not the representatives are, in Wet, from fide and possess full and omplete souher n, to bind said pmiiw. LIMITATION OF TERMS. This Purchase Order expressly ]train acceptance m Ne terns and conditions staled herein set forth and any supplementary or additional somas and conditions annexed hereto or in coprated heein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejaled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyoo cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effectual within the time stated on the purchase order and the documents attached hereto. No min of the Purchasers including, without hmilanau, aceeptantt of pant late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding die Sella liable for damages. However, rate Seller shall not be liable for damages as a result of delays due so causes not reasonably foreseeable which are beyond in reasonable cony and without in fault of negligence, such sots of God, son rduml or military mthomies, governmental priomms, f s, strdes, Band, epidemics, wars or Hour provided that notice of the condfumes causing such delay is given to the purchaser within five (5) days of the time when the Sella first received knowledge tbermf. In the event of my such delay, the dam of delivery shall be extended for the period .at an the time actually bat by reason ofine delay. 3. WARRANTY. The Seller warrants that all good, howles, materials and work covered by can order will tofom with applicable drawings, specifcatiom, samples anwm other descriptions Siva, will be fit for the purposes invaded, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar natum. 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 w moday. The Seller shall replace, repair or make good, without cast to the purchaser, any defecn or faults arising within one (I) year or within such longer Famed of time in may he prescribed by law or by the terms ofany applicable warranty provided by the Seller after the dam of acceptance of the good furnished hereunder hoo,hance nut to be unreammbly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximoely caused by the breach of say of the foregoing wanumies or guarantees, but 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. 4. CHANGES IN LEGAL TERMS. The Purchaser may, make changes nt legal hams, by —him change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tame, other Nan legal terms, including additions to or deletions from the quantities originally modest in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance mccurder, an equitable adjusnnem shall be made. 6. TERMINATIONS. The Pumhnser may at my It= by wrtten change order, temimate this agreement in as my or all poniou of the good then not shipped, subject to any equitable adjustment between Be pmies as to any work or materials then in progress provided that the Purclueser shall not be liable for any claims for anticipaed profits on me unmmplard portion of the goods anwer work, for incidental or con quential damages, and that no such ndjmtmmt be wade m favor of the Sella with minimal to my good, which are me Sellers standard stock. No such termination shall relieve me Purchaser or the Sella of my ofmcir obligations as as my goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thin (30) days from she date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wmanis that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict campllance with all applicable laws and regulations to which the goad are subject. The Seller shall execute and deliver such documents ns may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this chomemr arc hereby incorporated herein by Nis reference. The Seller egress Ia indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser in a result of the Sellers failure to sharply with such law. 9. ASSIGNMENT. Neither pony shall ..Sr. transfer, or convey this order, or my monies due or to become due hereunder without the prior written wnsena ofhe other party. 10. TITLE. The Seller warrants full, clear and amo n ea d title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, restneture , reservations, security interest acombmnux and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diners the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs asalmed with such work. The Seller shall Tulare the Purchaser and its contractors of any tier from all liability and claims of any nature ranking from the perfommnt ofsuch work. This release shall apply even in the event of fault of negligence of the pony mlened road shall extaJ to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or coned to be performed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process several by letter, patent, trademark r copyright, the Seller shall indemnify and save harmless the Purchaser main any and all claims for infringement by croon of the use of such patented design, device, material or process in connection with she contract, and shall indemnify the Purchaser for any.4 expense or damage which it may be obliged 1. pry by reason of such infringement at my time during the prosecution or aka the completion of the work. In case said equipment, or any pan thereof or the intended use of she goods, is in such suit held to constitute infringement and the use of said equipment or pan is attained, she Seller shall, at in own expense and at its option, either procure for the Purchaser the tight to continue using said equipment or parts, replace the same with substantially equal but noninfinging equipment, or modify it so it becomes noninGnging. 15. INSOLVENCY. If do Sella shall become inmhcat or hanhupt, make an assignment for the benefit of credimrs, appoint a receiver or tmtee for any of the Sellers prapeny or business, this order may forthwith be canceled by Ne Purchaser without liability. 16. GOVERNING LAW. The definitions oftema used or the interpretation of the agreement am1 Ne rights of all parties hereunder shall be committed under and governed by the laws ofhe Sate ofColomdo, USA. The following Additional Conditions apply only th eves where the Sella is to perform work hereundey including the services of Sellers Repmsmamive(e), on the premises of orders. 17. SELLERS RESPONSIBILITY. The Seller shall carts on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work mi mammals before Seller's final completion and acap .mix, complete the work at Sellers own expense and to the satisfaction of the Purdcaser. When materials and equipment ore famished by others for installation or erection by the Seller, the Seller shall native, unload, store and handle same at the site and become responsible therefor as though such materials answer equipment were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkm compensation, including accuptioml disease benefn, to in employees employed on or in connection with the work covered by this purchase order, andoor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but nit limited ov conractual and automobile public liability insurance with bodily injury and death limits of at least 530 ,000 for my one person, 5500,000 for any am accident sad property damage limit per accident of 5400,0110. The Seller shall likewise section, his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his comments, employees shall do any work upon Ne premises of orders, the Seller shall famish the Purchaser with is cenifeam that such compensation and insurance have been provided. Such cemifimtm shall specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurnince expires. The Seller agrees that such compensation mM immure shall be maintained until after the mine work is completed and occupied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller bereby mcsumes the entire respnibiliry and liability fa may and all dhimi loss err injury of any kind or nature whatwcver to promas or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold headless the Purchase and my r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, done, or employees. In case my suit or other proceedings shall be brought against the Purchaser, or in officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any of in or their mffcers, again or employees as aforesaid, me Seller hereby agrees 10 asume the defense thereof and to defend the same at the Sellers own e.,n,c, to pay any and all can, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or meir officers, agents or employees in such suits or other proceedings, and in case judgment or other lie be placed upon or obtained against the property athe Paribas, or said parties in or as a result of such suits or other praceedings, the Seller will at once mum the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary far the prevention of accidents, comply with all laws and regulations ,in .,.,it m safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued puraumt thereto. Revised 07/2014