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HomeMy WebLinkAbout102829 DON KEHN CONSTRUCTION INC - PURCHASE ORDER - 3212174PURCHASE ORDER PO Number Page City Of///��� 3212174 1 of z F^rt Collins I ns This number must appear �/ on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 102829 Ship To: WATER UTILITIES DON KEHN CONSTRUCTION INC CITY OF FORT COLLINS 6550 SCR 5 700 WOOD ST FORT COLLINS Colorado 80528 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Ordered Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 Utilities Total $10,000.00 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.com 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 I. COMMERCIALDET.VLS. Tax exemptions. By smmte the City of Fort Collins is exempt from state and local taxes.Onr Emcmpt inn Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6001)587 is registered with the Collector of Failure of the Purchaser to insist ninon strict performance of the terms and conditions hereof. failure or delav to Irttcmal Revenue. Denver, Colorado (Rcf. Colorado Revised Starnes 1973. Chapter 39 26. 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 hemander or approval of the design. shall not release the Seiler of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he domed a wriver of any right of the damage in transit, may be resumed to ,your for credit and arc not to be replaced except upon mceipt of writer purchaser to insist upon strict pefomnnee hereof or any of its right or remedies as to any such goods, regardless instructions form the City of Fort Collins of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported our food ificatina ar mscic ion of this purchase order by the Purchaser operate as a wa ivcr of any of the toms Inspection. GOODS am 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 CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be andersttod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitvst ACCEPTANCE is dependent upon completion ofnll applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase aide,, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercafcr Freight Toms. Shipments must be F.O.H., City of Fort Collins. 700 Rood St.. Fort Collins CO 80522. unless aegoied under federal or state antitrust Imes for such overcharges relating to the particular ponds or services othcnvise specified on this order. Upermission is given to prepay freight and charge sepnmlely, 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. Where mannfneturcrs have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct noneonfornung or defcetiwe goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Scllcr therea0cr indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perfomcd by the most expeditions means available to it. and the Scllcr shall pay all ants associated with such work. Permits. Seiler shall procure at sellers sole cost all necessary permit, eenifieams. and licenses required by all applicable laws, regulations ordinances and mles of the state, municipality, territory or political sulxtOmon where the work is perfomcd, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlcss fmm and against all liability and Ions incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the mpim.wnmtives are. in fact. bona Fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein sct forth and any supplementary or additional moors and conditions annexed hereto or incorporated herein by reference. Any additional or dilTercot terms and conditions proposed by Scllcr are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your premised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the parchnse order and the documents attached hereto. No acts 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 ofplaeing this order clscwhem 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 without its fruit of negligence, such act of God, acts of civil or military authorities, governmental priorities, frcs strikes. food, epidemics, wins or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time When the Seller fist received knowledge thereof. In the event of nny 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 ottomans that all goods, articles, materials and work covered by this order will confomu with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a 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 Sellers breach of wamnty. The Seller shall replace, repair or make good, without cat to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he proscribed by law or by the Icreas ofany applicable wamnty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective Work done or materials fumishcd by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wommics or guarantees but such liability shall in no event include loss nfprofits m 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 in legal terms by Written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchascr may make any changes to the beret. other than legal terms, including additions to or deletions four the quantities originally ordered in the specificarioas or dm.rings. by verbal or Written change order. If any such change affects the amount due or the timeufperfomance 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 on all portions of the goods then not shipped, subject a nny equitable adjustment between the parties is to any work or materials then in pmgms, provided that the Purchnser shall not be liable for any claims for anticipated profit on the uncompleted portion of the goods and/or work, for incidental or consequential damage,, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No saeh termination shill relieve the Purchaser or the Seller ofany of their oblipations as to anv goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wamnrs that all goads sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such doo menns as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements M this character are hereby incorporated herein by this reference. The Seller names to indemnify and hold the Purchaser harmless from all costs and damages sufcred by the Purchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Ncithcr parry shall assign, transfer. or convoy this order. or any monies due or to become doe hercander without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the purchaser for all equipment, materials, Ind items furnished in performance of this agreement free and clear of any and all liens, restrictions, reasn ations, socurity interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liabil iry and claims of any native resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the d microns. Officers and employees of such party. The Seller's contractual obligations including wamnty, shall not be devoted to he reduced. in env way, bemuse such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to asc any design. device, material Of pmecc Covered by letter. patent, nodemark 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 Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsach infringcment at any time during the proseeulion or after the completion of the work. In case said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of Sid egnipmcm or pan is enjoined. the Seller shall. at its own expense and at its option, citho procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes anninfringing. 15. 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 forthwith be canceled by the Purchascr without liability. 16. GOVERNING LAW. The definitions oftcmts used or the inteTretation ofthc agreement and the rights ofzll panics hereunder shall be seasoned under and governed by the laws of the State of Colondo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereundet, including the services of Scllcrs Rcprescnmtive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seiler shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall. in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Punhaeer. W-hen materials and equipment arc famished by others for installation for erection by the Seller, the Seller shall receive unload. store and handle more at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. 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 Seller shall also cony comprehensive general liability including, but not limited in. contractual and automobile public Iinbility insurance with bodily injury and death limit, of m Ie o, S300.000 for any one person. S504).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 or his contractors employees shall do any .work upon the premises ofnihers, the Seller shall Famish the Purchaser With a eenificale that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire Won, is completed and avecued. - 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability rim any and all damage, loss or injury ofany kind or nature whatsoever to persons or property eausetl by or resulting from the execution of the 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 officers, 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 mnv be put or subject by reason of any act, action, neglect, omission or default on the pare of the Scllcr, any of his contactors, or any of the Sellers or contractors ofiect, agent, 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, neglect, omission or default of the Seiler of any of his conmctms 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 cots, charges, attorneys fees and other expenses. any and all judgments that may he 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 the property of the Purchascr, 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 othcnvise. The Seller and his contractors shall take all safety precautions. Finnish and install all guards necessary for the prevention of accident, comply with all Imes and rcgudmions with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant bittern. Revised 0312010