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HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9150374 (2)PO PURCHASE ORDER 915037er Page CI�/ of PURCHASE 97 50374 'of z ' `t Collins lies This number must appear ` �I ` on all invoices, packing sli s and labels. Date: 01/15/2015 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: 01/15/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 CONSTRUCTION CONTRACTS WO #H-WRF-2015-1 1 LOT LS 7220 Water, WW Treatment & Site Infrastructure Design Construction 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 5,230,145.00 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 1. COMMERCLLLDETAILS. Tax exemptions. By samte the City of Fon Collins uexemph Item stain and laal ut.aw Our ExemptioNumberNumu 98-04503. Federal Excise Tax Exemption Certificate, of Registry 84-6000587 is registered with the Callahan of Internet Revenue, Denver Colorado (Ref. Colorado Revised Statutes 1993, Chapter 39-26,114 (a), Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defeats of damage in transit, may be carried to you for credit and are not to be replaced except upon receipt of written instructions from the City effort Collins. Inspection. GOODS are mijet to the City of Fan Collins institution on i nival. Final Acceptance. Receipt of the memhandise, services or equipment in resilience to this order can result in authorised payment an the Fart of the City of Fort Collins. However, it u le be umemood that FINAL ACCEPTANCE is depcment upon completion of ail applicable required inspection procedures. Freight Tents. Shipments most be F.O.B.. City of Fort Collins, 700 Wood SL, Fort Collins, CO 80522, unless otherwise specified on this trda. Upermission is given ro prepay freight end charge separately, the anginal freight bill must accompany invoice. Additional charges for packing will not be material. Shipment Dismnce. Where manuacmars have distributing Points in various pans of the reentry, shipment is expected from the nearest distribution point to desliration, and excess fright will be deducts] from Invoice when shipments are made from greater distance, Pemmirs Sella shall procure at sellers sole cost all necessary permits, caffica x, and licenses required by all applicable laws, regulations, mdigsmes and rules of the sate, municipality, territory or political subdivision where Ore work is performed, or required by any other duly constiated public authority having jurisdiction over the work of vendor, Seller further agrees m hold the City of Fort Collins handless from and against all liability and loss insured by than by reason of se asserted or established violation of my such laws, regulations, on ivrces, rules and requirements. Authorization, All parties to this contract agree that the repauntativa art, in fact, bona fide and possess fall am complete authority to bind said pumice. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set forth and any supplemenary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and combiners proposed by seller arc rhjccl,d m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery dote as noted. Time is of the cssam. Delivery add performance must ha effected within the time sated we me purchase order and fame documents attached hereto. No acts of the Purchasers including, without limiatim, acceptance spiritual late delivenn, shall operate as is waiver rthis revision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option claiming this order elsewhere and holding the Seller liable for damages. However, me Seller shall not be liable far damages as, a result of delays due to causes not reasonably foreseeable which me beyond its reasonable control add without its fault of negligence, such acts of God, acts ofdvil or military authorities, governmental priorities, fires, strikes, rood, epidemics, wars or riots provided that notice of me conditions causing such delay is given to the Purchaer within ❑ve (5) days of the time when the Salle first received knowledge thagf. In the event ofany, such delay, the date of delivery shall be extended for the period equal to the time actually lust by reason ofthe delay. 3. WARRANTY. The Seiler warrants Out all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will m fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar ralnre, The Sella agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on amount affair Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the parchaser, 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 tame, army applicable warranty provided by the Sella aaa fame dine of acceptance of the goods finished hereunder (acceptance or to be umr mbly delayed), resulting fora imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not consomme 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 proximately caused by the breach of any of the foregoing wananties or guarantees, but such liability shall in no event include loss of prafes 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 to legal rams by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other man legal tenns, including additions to or deletions form the Features originally ordered in use specifications or dmwinpy, by vain I or women change order. If any such change alfecs the amount due or the time ofperfonmance hereunder, an equitable ad efi ment shall bi, made. 6. TERMINATIONS. The Purchase may at any time by women change order terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that me Purchaser shall not be liable for any claims for anticipated profits on the uncompleted proton ofthe good and/or work, for incidental or consequential damages, and that na such adjustment be made in favor of the Seller with respect we any good which ate the Sellers samdard stork. No such temmoran shall relieve the Pumhaea or the Seller of any oftheir obligations as to any good delivered hereunder. t. CLAIMS FOR ADJUSTMENT. Any claim fin adj stmeot most he a arbad within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Sella wardinrs Out all good sold hereunder shall have been produced, sold, delivered and fiunal ed in strict compliance with all applicable laws send regulations to which the good arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required In be incorporated in agreements of this character are hereby inad anted herein by this reference. The Seller agrees to indemnify and hold the Purchaser hurdlers from all costs and damages suffered by the Purchaser as a resah of the Sellers failure to comply with such law. %ASSIGNMENT. Neither party shut$ assign, muster, or convey this order, or any monies due or to became due hereunder without the prior write c t mnsert of dir other parry. 10. TITLE. The Seller wamnrs all, clew and intramural fide ro the Parched for all equipment, mmeriak, sin items famished in pertrc a of this agreement, free and clear of any and all liens, restrictions. reservations, saurity interest encumbrances and claims aromas 11. NONWAIVER. Failure of the Purchaser to insist upon avid pert arse of the ternns and conditions hereof, failure or delay ro any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach eremom the sameness of or payment far goods hereunder or approval ofthe design, shall not manic the Seller of zany of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hercafor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and rise purchaser recognize that in actual camande podia, o emhrges resulting form antitrust violations are in fact Some by the Purchaser. Themofare, far goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have m hereafter acquired under federal or state emitms, laws for such mercM1agd relating to the particular good or services purchased or acquired by me Purchaser pursuant to this purchase under. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I ftha Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchaser and the Seller and he Sella t corm r indicates its inability m 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 inner associated with such work. The Seller shall release line Purchaser add its contractors of any tier from all liability and claims of any nature resulting form me performance of such work. This release shall apply even in the event of fault of negligence of do party relcsed and shall extend to the directors. oRic m, and employees attach parry, The Selless commercial obligations, including warranty, shall not be lamed to be reduced, in any way, because such work is performed or crmed to be performed by the Purchaser. 14. PATENTS, Whenever the Seller is required to use any design, device, material or proves covered by lamer, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Purchaser from any and all claims for infringement by reason 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 by obliged m 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 per thereof or the intended use of the good, is in such suit held as cmrstfi to infringement add the use of said equipment or pan is enjoined, the Sella shall, at its own expense add at its optics, either pravre for der, Purchaser the right to continue using said equipment or parts, regime the same with snbsantially equal but moinGnging qulprnem, or modify it sa it becomes vovinfringing. IS.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. IQ GOVERNING LAW. The definitions oftc. used or the imapremtion ofthe agreement and the rights of all parties hereunder shall he construed minder and governed by the laws ofthe Some ofColomda, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services ofSxII. R preumbilive(a). an the premiss ofothars. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sididea own risk until the same is fully complam and compted, and shall, in ace of any accident, destruction or injury to the work corm, materials bet Sellafs final completion and acceptance, complete the work at Settees two expense add to the satisfaction of the Purchaser. When natedaH and equipment are banished by others for installation or erection by the Seller, the Seller shall receive, unload, since and handle some at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers mmpeasaroq Including compational disease benefits, to its employees employed em or in connection with the work covered by this purchase order, amber to their dependents in ecmrdance with rise laws of the scale in which the work is to be done. The Seller shall also tarty comprehensive gmand liability including, but cot limited to, contodual am automobile public IimiliN insumace with Family injury am death limits of at less, S300,000 for any one person, S500.000 for any one accident and property damage limit per masher of 5400,000. The Seller shall likewise squire his ontmcmm, if any, to pmvide for such compensarion and ins an e. Before y of the Sellers or his ommaors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such c niacates shaft specify the date when such compensation and insurance have ban provided. Such cri ificares shall speci fry the date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability far any and all damage, loss a injury ofany kind or move whasaever to persons or property, caused by or resulting from the execution ofda work provided for in this purchase order or in corm ation herewith. The Seller will immunity and held handless nc, purchased: and any or all of the Purelraseas oRirms, agents and employees (ram dud against any and all claims, loses, damages, charges m expenses, whether direct m indirect, and whether to persons or property in which the Purchaser may be at or subject by reawn of may sc4 action, neglect, omission or default on the pan of the Seller, any of his onducted, or any of the Sellers or contractors officers, agents or employees. In caw 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 my act, action, neglect, omission or default of the Seller of my of his contmetom or any of its or their officers, agents or employees 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, runways fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against me prepay ofthe Purcbasq or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the more a be dissolved and discharged by giving ham or oadeviss. The Seller add his cammemrs shall take all safety paam uss, fiunish and Squall all guard necessary for the prevention of accidents, comply with all laws aud regulations with regard m safety including, but without limitation, du Occup omens Safety, and Health Act of 1970 anal all tees and regulation issued pursuaat dream. Rrised 09l2014