HomeMy WebLinkAbout109420 HYDRO CONSTRUCTION CO INC - PURCHASE ORDER - 9150551130
PURCHASE ORDER 91505 1 Page
rlt)/ of PURCHASE
9150551 1012
' `t Collins
Ins This number must appear
V ` 1'�7 on all invoices, packing
sli s and labels.
Date: 0112312015
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: 01/22/2015 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i CONSTRUCTION CONTRACTS 1 LOT LS 1,261,770.00
WTF T3 EQUIP-2014-2
7220 Water, WW Treatment 8 Site Infrastructure Design Construction
Pay terms net 30 days
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 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 Fan Collins is exempt fmm state and local taxes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of
Failure of the Purchaser to insist upon strict performance of the mums and conditions hereof failure or delay to
Internal Revenue, Denver, Colorado (Rd. Colorado Revised Statutes 1973, Chapter 3946, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not remme the Seller of
Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to dialects of
saw, of the waumtim or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of women
purchaser m insist upon moral performance hermi'm any of,,s ogles or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
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 any of the lames
Inspection. GOODS are subject to the City of Fan Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchmMix, services or equipment in response to Nis order con result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
confronted payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
Seller and Ne Purchaser recognise that in actual s m'a is practice, rchmges resulting roomitrust
ACCEPTANCE ls dependent upon completion of all applicable required lrm tntion procedures,
violations m, in fact tame by tire Purchaser. Theretofore, for good crux and as consideration for executing this
purchase order, the Seller hereby assigns to she Purchaser any cod .11 claims it may cow have m barricades
Freight Terms. Shipments mast be F.O.B., City of Too Collins, 700 Wood SL, Tom Collins, CO 80522, unless
acquired under federal or some antitrust laws for such overcharges relating no the particular goods or survives
otherwise specified on this order. If permission is given to prepay freight and charge sepaafly, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany i... ice. Additional charges for picking will cot be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipmenl Distance. Where aninnuflacuumas have distributing points in venous pans of de country, shipment is
Iffe Purchaser directs fie Seller to correct nonconforming or defective good by a dam to be weed upon by the
espsad from Be nearest distribution to, to distribution, and excess fight will W deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser
shipmems are made from gtmter dunme.
may nose me work to be, permitted by the mast expeditious means available to it, and the Seller shall pay all
vests assaimed with such work.
Pemtis. Seller shall procure at sellers sole cost all mcacsary permis, certificates end licemex raimand by all
applicable laws, regulations, ordinances and roles ofthe share, municipality, territory or political subdivision where
the work is performed, or required by any athcr duly cautioned public amhonty haviogjurisdiation over the work
of vender. Seller father agrees or held the City of Fon Collins harmless Gom and hornet all liability and loss
incurred by Nam by reason of an assured or stablished violation army such laws, regulations, ordinances, rules
and requiremens.
Authonsaahim. All panics to this contract .,me that the agamenmrives are, in fact, house fide and possess full and
complete suddenly y to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits sompmmee m de it. mud condiliens anted
herein net foM and any supplementary or additional terms and conditions annexed hereto or incorpoated herein by
reference. Any additional or different times and conditions proposed by seller ate objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you mount make camplae shipment to arrive oa your
promised delivery data as poled. Time is affair uscme. Delivery and performance mast be dTeGed within the time
sorted on the purchase order and the documents attached hereto. No nos of the Purchasers including, without
limitation, acceptance ofpanial late deliveries, shall opemn as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsrwhere
.rid holding the Seller liable for danmges. However, the Seller shall net be liable for endanger as a result of delays
due to causes not reasonably fotesemble which arc beyond its reasonable control and withom its fault of negligence,
such acts affirm, act ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. 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 ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, mmples and., other descriptions given, will be 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 nature. The Seller agrees to hold the Purchaser hamrins fmm 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
,.it, without cost to the purchaser, any defects or faults onsing within one (I) year or within such longer period of
time is may be prescribed by law or by the terns army applicable warranty provided by the Seller after the date of
acceptance of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or de@dive work done or materials fiemished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver or any claim under this warranty. Except u otherwise provided in fit purchase coact, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties
or gumantees, but such liability shall in no event include lass 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 a legal rims by women change order
5. CHANGES IN COMMERCIAL TERMS.
The Pumbaser nay make any changes to the firms, other than legal toms, including additions to or deletions fmm
Be crealuiu originally ordered in fie specifications or drawings, by verbal or women change other. If any such
change aRees the amount due or the time ofperfmucnec hemutMm m equitable adjustment sla II be made.
6. TERMINATIONS.
The PureM1uer may at any time by wriuen change node, mrminme this agnomen, as 10 any or all ponies of fie
goods then von 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 prefix on me uncompleted
portion of fe good maim, work, fro incident.] or corsaluential damage; and Nor no such adjustment ne made in
favor of the Seller with respect to any goods which am fie Sellers standad stock. No such termination shall relieve
the Purchaser or the Seller of any offcir obligatio ism to any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mast be mxrted within forty, (30) des, from fie dam the change or rtrmiourian is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warns thal all goad sold hemunder shall have been psoduad, said, delivered and furnished in strict
compliance with all applicable laws aud regulations to which Be good are subject. The Seller shall execute and
deliver such documents as may W required to effect or evidence compliance. All laws and regulations required to be
uninformed in agreements of this character are hereby incoryomed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hormlras fmm all toss and damages targeted by me Purchucr as a resnk of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, modules, or convey Nis order, or any monies due or to become due hereunder without the
prior wriam consent efthe other party.
10, TITLE.
The Seller warrants full, clear and unnimmad title to the Pembina, for all equipment, molenms, and items famished
in performance of fis agreement. Gee and clear of any and all lieu, restrictions, reservations, ssunty interest
encumbrances and claims ofodurs.
The Seller shall release the Purchaser and is contractors of any tie fmm all liability and claims of any naure
resulting from she performance, of such work.
This release shall apply even in Be event of fault of negligence of the party released aud shall extend to the
directors,.Ricers and employees efsuch party.
The SelEx's contracual obligations, including warranty, shall not Be deemed to be reduced, in any way, because
such work is permanded or woad to be performed by the Purchases.
14, PATENTS.
Whenever Be Seller is required to me any design, device, nuterad or process covered by liner, parent. trademark
copyright, the Seller shall indemnify aud save harmles the Purchaser main 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 ,be Purchaser far any cost, a.,. or damage which it may be obliged to pay by reason of such
infringement at any time during fie prosecution or finer de completion of the work. In case said equipment, m
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, tither procure for the
Purchmer the right to continue using said equipment or pars, replace the same with substantially equal bur
noninfnnging equipment, or modify it so it becomes no unGnging.
I S. INSOLVENCY.
If fie Seller shell become insolvent or bankrupt, make an assignment far the heard, of creditors, appoint a
receiver or trustee for any of fe Sellers pmpeny or business, this order may forthwith be canceled by dire
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftenns used x de in¢ryremtion of the agreement and the rights of all parties hereunder shall be
oustmed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Representmive(s), on the premises ofothers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or materials before Sellces final completion and
acceptance , complete de work at Sellers awn expense and to the satisfaction of the Purchdus. When materials
and equipment arc farimmed by admix for installation or section by fie Seller, the Seller shall receive, unload,
store and handle same at no site and become responsible therefor m dough such materials and/or equipment
were being famished by the Seller under fie order.
IS. INSURANCE.
The Seller shall, at his owns expense, provide for Ne payment of workers compensation, including occupational
disease benefis, to is employees employed on or in connection with the work covered by this purchase order,
and/or to their depeadeas f accordance with Ne laws of the stare in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual aud automobile Public
liability insurance with bodily injury and loth limits of at leas, 5300,000 far any one person, b500,000 far any
me accident and property, damage limit per accident of S400,000 The Seller shall likewise require his
condavera, Worry, m provide far such compensation and i—a.. Before any of the Sellers no his contractors
employees shall chancy work upon she premises of oilers, the Sella shall famish tire Purchua with a acrurc le
that such compen lion and insurance have been provided. Such anifemes shall specify the date when such
compensation and ins io ace have been provided. Such certificates shall specify the date when such confirmation
and insurance expires. The Seller agrees fat such cumpemadaa and insoame shall be maintained writ mfier me
entire work u completed and incepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes fie entire responsibility and liability far any end all damage loss or injury ofany kind
time whatsceser 10 persons or pmpeny caused by or resulting from Be execution of Ne work provided for in
this Purchase order or N canuecdon herewith. The Seller will idmemnify and hold ha ardeu fie Purchaser and my
or MI of drc Pumhazers oRcers, agents mad employees from and against any aud all claims, losses, damagesa
charges m expenses, whMer direct of indirst, and whether to persons or property to which the Purchaser nay
be at or subject by ream of may act, action, m lot. omission m default on the pan of fie Seller, may of his
contactors, or any of fie Sellers or contractors officers, agents or employees. In cue any suit or other
pmceedmgs shall be brought against fie Purchaser, or its omc ma, agents m employees at any time on rumors or
by reason of any act, action, neglect, omission or default of the Sells of any of his commcrons or any of is or
their athcers, agen s or employees m aforesaid, tire Seller hereby agrees to assume the defense thcrmf and to
defend Be same at the Sellers own expense, to pay any and all cosy, charges, moneys fees and other expsues,
any and all judgerms that maybe incurred by or obtained against the remeazer or any of is or their officers,
agents ar employes in such suit or office proceedings, and in tax judgment nr ofer lien be placed upon or
obtained against the property of the Purchaser, or said ponies in or m a recoil of such suits or ofer proceedings,
He Seller will at once cause the same to be dissolved and discharged by giving bond or oferwise. The Seiler and
his com atim shall rake all safety preeautions, famish and install all gumds necessary for the prevention of
accidents, comply with all laws and regulations with regard to ufety including, but without limiaton, the
Occupational Safety and Heald Act of 1970 and all rules and regulations issued pursumr thereto.
Revised 07=4