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HomeMy WebLinkAbout101027 HENSEL PHELPS CONSTRUCTION CO - PURCHASE ORDER - 9100590 (3)City of �,.F.`o_rt Collins Date: 06/1912012 PURCHASE ORDER Vendor: 101027 HENSEL PHELPS CONSTRUCTION CO POBOX O GREELEY Colorado 80632-0710 PO Number Page 9100590 1of2 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 14 Change Order 8 (� C3. O✓le:siQ �L C/ City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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.corn 1 LOT EA Total Invoice Address: 12,214.00 $12,214.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Tenns and Conditions Page 2 of 2 1. COMMERCIALDFTAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 54-6001587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of ibc terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Sa miss 1973, Chapter 39-26. 114 of 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 Internal or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped err due to defects of any of the a'anantics or obligations of this purchase order and shall not be deemed a aaivcr of any right of the damage in transit. may be reported to ,you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereoforany of its rights or remedies as to any such goods, regardless instructions from the City of Fart Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tears Inspection. GOODS nm subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, .cervices or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to he traders. tood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antitrust ACCEPTANCE, is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Pnrehascr. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby tawigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fart Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust Ines for such ovccharges relating to the particular good or services otherwise specified on this order. If pernissicn is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orden bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacmrcrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the newest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates in inability of unwillingness to comply, the Purchaser shipments are made front greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs assmiwcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses acquired by all applicable laws. regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fan Collins harmlttc from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations. onlinnnees, mles and requirements. Authorix Lion. All panics to this contract agree that the representatives are. in fact, bona Fide and possess full and complete authority to bind said parties LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tells and conditions annexed hereto or incorporated herein by reference. Any additional or different terns 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 your premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated oa the purchase order and the documents attached hrrcto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event array delay. the Purchaser shall have, m addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for,damages as n result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of Gad, act ofeivil or military authorities, governmental priorities, fires, strikes. food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) drys 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 of the delay. 3. WARRANTY, The Seller warrants that all goods, articles, materials and work covered by this enter will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any lass. damage or expense which the Purchaser may suffer or incur on account of the Sollars breach of ormemay. The Seller shall replace repair or make good, without cost to the purchaser, any defects or faults arising within arse (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably 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 ofany 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 warranties or guarantees, but such liability shall in no event include loss ofpmflS 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by v rbnl or wnnue. ehange order. If any such change affects the amount due or the time ofperfomtancc hereunder. an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may it any time by written change order. terminate this agreement as to any or all portions of the good then net shipped, subject to any equitable adjustment between 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 portion of the grads and/or wed:, for incidental or consequential damages, and that no such adjustment he made in favor cf the Seller with respect to any goods which are the Sellers standard stock. No such emminntion shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hacnnder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he mo cred within thirty (30) drys from the date the change or termination is unfitted. R. COMPLIANCE WITH LAW. The Seller warrants that all grad sold henvnder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler shall execute and deliver such documents as may be required In effca or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages .suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tmnsftr. or convey this order. or any monies dace or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants fall. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations security interest encumbrances and claims etchers. The Seller shall release the Purchaser and its contmemrs of any tier from all liability and claims c f any nature resulting tram the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officersand employees of such parry. The Scller's contractual obligations, including wzrmnty, shall not be deemed to be reduced, in any may, because such mark is performed or caused m be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save hornless 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 be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the mark. In vas said equipment, or any part thereof or the intended use of the goods is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its corn expense and at its option. either procure for the Purchaser the right to continue using said equipment or gams replace the .came with substantially equal hot uoninfringing equipment, or modify it set it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the forefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the PLimhaacr without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthc agreement and the rights of all panics hereunder shall be construed tinder and governed by the laws of the State of Calnmdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcr[ Represcntxtive(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall cam on said mark at Sellers own rick until the same is fully completed and accepted, and shall, in case of nary accident, destniction or injury to the work and/or materials before Shcer'x final completion and acceptance, complete the work at Selletk own expense and to the satisfaction of the Purchaser. When materials mad equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at tie site and become responsible therefor as though such matcriah and/or equipment were being furnished by the Seller under the order. 18. INSURANCE.. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational 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 Seiler shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance wait bodily injury and death limits ofto Icra S300.0U0 for any one person. S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers nr his contractors employers shall do any work upon the premises ofothcrs, the Seller shall mmish the Pnaclarw, with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Stich certificates shall specify the date when such eompereation 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 Seller hereby assumes the entire responsibility and liability for any and all danage. loss or injuy ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers affects. agents and employees from and against any and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or.subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other poceedings shall be brought against the Purchaser, or its officers, agents or employees carry time on account or by reason of any act, action, neglect omission or default of the Seller ofany r his contractors or any of its or their officers, agents or employers as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the sane err the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that nary be incurred by or obtained against the Purchaser or any of it or their offices. agent or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessary for the ptevenrion of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant therein. Revised 03/2010