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HomeMy WebLinkAbout101027 HENSEL PHELPS CONSTRUCTION CO - PURCHASE ORDER - 9100590City of art Collins PURCHASE ORDER Date: 02/09/2012 Vendor: 101027 HENSEL PHELPS CONSTRUCTION CO POBOX O GREELEY Colorado 80632-0710 PO Number Page 9100590 1o12 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 01/27/2010 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price s Change Order 6 1 LOT EA-115,449.00 io Change Order 6 1 LOT EA C3. O!1e:9-2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 7,667.00 Total ,-$107,782.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tefms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and looal taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or dclav to Internal Revenue. Dcnvcr, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided hcrcin or by law, failum to pmmptty notify the Seller in the event of a breach, the acceptance ofor payment for funds, hereunder or approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specificatiorw, either when shipped or due to defects of any of the vamnims or obligations of this Purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of Written Purchaser to insist upon strict perfomnncc hercefor any of its rights or numerics as to any such goods, regardless instructions from the City of Fort Collins. of is ban .shipped, received or accepted, as to any prior or subscqucm default hereunder, non shall any purported oral modification or rescission of this purchase inner by the Purchaser operate is a naiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAI MS, authorized payment on the part of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in ached economic practice, overcharges resulting front antitrust ACCEP FANCE is dependent upon completion of all applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for good cause and is consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be P.O.B., City of Fort Collins 700 Wood St., Port Collins, CO 90522, unless acquire! under federal or state antitrust laws for such overcharges relating to the paticular goods or services otherwise specified on this order. If pemisvion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance When, manuL eturces have distributing Points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the expected firm the ncaresr distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditirnts means available to it, and the Seller shall pay all costs associamd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, rcgulafions, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed. or regnired by any other duly constituted public authonty having jurisdiction ewer the work of vender. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason often asserted or established vinlation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess foil and complete vuthonty to hind said panics. LIMITATION OF TERMS. This Purchase Order cspressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tams and conditions annexed harem or incorporated herein by reference. Any additional or di Rcrcnt terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on vour premised delivery date as noted. Time is ofthe cascnec. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No ads of the Purchasers including. Without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this prevision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and aitheat its fault ofnegligcnce. such acts of God. acts of civil or military authorities, governmental priorities, fires, strikes food, epidemics wars or riots pmvidcd that notice of the conditions causing Such delay is given to the Purchaur within fn'a (5) days of the time when the Seller first received knowledge thereof. In the event of any such dcday, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and Work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fir for the purposes intended, ind performed with the highest degree of care and competence in accordance with accepted standards for work of i similar nature. 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 Scllcrs breach of x'amnty. The Seller shall replace, repair or mike good, withnnt cast to the Purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may be pmscribod by law or by the Same; of any applicable wamnty, pmvidcd by the Set let aficr the date of acceptance of the good famished hereunder (acceptance net to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a wa isa, ofanv claim under this wamnty. Except as othrnwise provided in this purchase order. the Sellers liability hereunder shall extend to all datum mes proximately caused by the breach of any of the foregoing anomalies or guarantees, but such liability shall in no event include Inns of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILFFY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal rums by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal icons, including additions to or deletions from the quantities originally entered in the specifications or drovings, by verbal or .rotten change order. If any such change affects the amount duc or the time ofperfomancc hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or ail portions of the goods then not shipped, subject to any equitable adjustment betwren the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted pinion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any grad delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or terrimidion is outland. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good am subject. The Seller shall execute and deliver such documents its may be required to effect orevidenec compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees In indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Inv. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the poor written consent ofthe other party. 10. TITLE. The Shccr wamat, full, clear and unrestricted title to the Purchaser fro all equipment, materials, and items furnished in performunee of this agreement free and clear of any and all liens, restrictions, resenntions. security interest cneumbmrs, and claims of others. The Seller shall release the Pumhascr and its contractors of any tier from all liability and claims of any nature resulting from the Pcfomance ofsach work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, n dicers and employees ofsach party. The Seller's eomrudual obligations, including warranty. shall not be deemed to be reduced, in any way, because .such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmccss covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless 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 Parchour for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution ar after the completion of the work. In case said cquipntcut. or any pan 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 awn expense and at its option, either pmeorc for the Purchaser the right to continue using said equipment at pans, replace the same with substantially equal but ouninfringing equipment, or modify it so it becomes noninfrin wing. IS. INSOLVENCY. If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpany or business this order may forthwith he canceled by the Purchaser without liability. 16, GOVERNING LAW. The deriniliers of terms used or the interprctalion ofthe agreement and the rights of,all panics hereunder shall he construed under mud governed by the laws of the Slatc of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform Work hereunder, including the services ofSellers Represcntativc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scller's own risk until the same is fully completed and accepted. and shell. in eau of any accident, dcunuction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction ofthe Pumhawr. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same m the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. Ill. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compensation, including occupational disease benefits, to its employees emplevcd on or in connectinn 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 he done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with hediiv injury and death limit, of at (cast S300,010 for any one person. S500.000 for uny one accident and property damage limit Per accident of S400.000. The Seller shall likewise require his nnhncmrs, if any, to provide for such emnpensation and insurance. Before any ofthe Sellers or his emttrndurs employees shall do new work upon the premises ofuthers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been prm'idcd. Such certificates shall specify the date when such enmpensation and insurance have been provided. Such certificates shall specify the data when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcby assumes the entire mspensihility and liability for env and all damage. loss To injury nf.,ny kind or name whatsoever to persons or property caused by or rcsniting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemmify and hold harmless the Purchaser and any or all of the Purchasers oRecrs, agents and employees from and against anv and all claims, losses. damages. charges Or expenses, whether direct or indirect, and whether to persons or property to which the Parchascr may he pot or subject by reason of any act, action, neglects omission or default on the pan of the Seller, any of his contractors, or any of the Sellars or contractors officers, agents or employees. In case 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 any act. action, reflect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees its aforesaid, the Seller hereby agrees to assume the defense thercuf and in defend the same at the Seller, men expense, to pay any and all costs, charges, attorney, fees and other expenses, any and till 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 ahtaired against the property of Ilw Purchaser, or said panics in or as a result ofsach suits or ether proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr tin l his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including. hot without limitation, the Occupational Safety and Health Act of 1970 and ill odes and regulations issued pursuant thereto. Revised 0312010