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HomeMy WebLinkAbout488186 KEHN CONSTRUCTION - PURCHASE ORDER - 3214412PO PURCHASE ORDER 321441 Number Page C117/ of PURCHASE 3214412 1012 F6r} Collins This number must appear !�—J`-' ` on all invoices, packing sli s and labels. Date: 08/07/2014 Vendor: 488186 KEHN CONSTRUCTION ATTN: BILL GREBE 6550 SCR 5 FORT COLLINS CO 80528 Date: 08/05/2014 Note Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Line Description Quantity UOM Unit Price Extended Ordered Price Flow Fill 1 LOT LS 5,000.00 Annual 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@fogov.com Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sum end local taxes. Our Exemption Number is 11. NONWAWER. 98-fal Federal Excise Tax Exemption Cenificam of Registry 84-60005 W is registered with the Collector of failure ofthe Purchmer to insist upon strict perfomance ofthe teats and conditions hereof, failure or delay an Internal Revenue, Denver, Colorado (Ref. Colorado Revised Marcos 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 hereunder or approval ofthe design, shall not reform the Seller of Goods Rejected. GOODS REJECTED due to failure 0 meet spttifications, either when shipped Or due to detects of any of the worst or obligations ofthis purchase older and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wmon purchwerm insist upon strict pioncorri hmorfor any orris rights or remedies as to any such goods, regardless imtmctions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by file Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Tom Collins inspection on arrival. hereof. Fiml Acceptance. Receipt of the merchandise, services or ar,mpmem in coon. to this order can mull in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorimd payment on the pan of the City of Fan Collins. However, it is to W uMermooA that FINAL Seller and the Purchatur recognize that in actual s oromic practice, overcharges moulting from antitrust ACCEPTANCE is dependcm upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and m corsidemfion for extending this Purchase older, the Seller hereby assigns a the Purchaser any and all claims it may now have or hereafer, Freight From. Shipments most be F.O.B., City of Fort Collins, 9W Wood Sc, Fon Collins, CO 90522, unless acquired under fWeml or sum antitrust laws for such overcharges relating to the particular goods or services otherwise specified on Nis older. If permission is given to prepayfreight and charge sepamorly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not Lou accepted. Shipment Distance. Where m:mufocturns have distributing points in various pans of the country, shipment is expected from the neatest disniLotion point to desllmtlon, and excess freight will her deducted from Invoice when shipments are made from gmo r distance. Permits. Seller shall procure at sellers to cost all necessary permits, cerifiata and licenses required by all applicable laws, regulations, ordinances and rules of Ne sum, municipality, tertiary or political subdivision where the work is pmmmed, or will by any other duly wastitumd public wholly having jurivliction over the work of tendon. Seller further agrees a hold the City of Fort Collins hamlets from and aga of all liability and loss ncurtN by them by reason of an asserted or established violation of any such laws, m frolums, wi irs nces, roles and requlrcmens. Autharimlion. All parties to this contract agree that the representatives are, in fact, bons fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. Use, Purchase ONn expressly limits acceptance to the terms and conditions stood herein set Iamb and any supplementary or additional terms and conditions annexed hereon or form, ormod herein by reference. Any additional or different enns and conditions proposed by seller are objected a and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdirmAy ifyou cannot nuke complete shipment o arrive on your promised delivery, date ass noft& Time is ofthe suture. Delivery and performance must be eRemed within the time stated on the purchase older and the discounts attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall monate as a waiver onhis provision. In the event of any delay, rim Purchaser shall have, in addldon to other legal and xluitable remedies, the option ofplacing this older elsewhere and holding the Seller liable for damages. However, the Seller shall not Lou liable for damages as a result of delays due to causes not reasonably ficummoble which are beyond its reasonable control and without its fault of negligence, such aces of God, acts of civil or military amhorines, governmental priorities, fires, strikes, flood, epidemics, wars or riots 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 of the delay. 3. WARRANTY. The Seller wmrmu that all goads, aides, materials and work covered by this older will conform with applicable drawings, specifications, sample, and/or other descriptions given, will be fit for the pupon. intended, and Performed with the highest degree of are and com amence in accordance with accepted st rds for work of a similar nafine. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may mQer or incur on account of the Sellers breach of watcany. The Seller shall replace, repair or make good, without cast to the purchase, any defects or faults arising within one (I) year or within well longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller utter the if of ccepmnce ofthe grads published! hereunder (acceptance not to be communicably delayed), resulting from imperfxt or defective work done or materials famished by the Seller. Acceptance car use of goods by the Purchaser shall not orn iture a waiver of any claim under this wmmnry. Except in otherwise provided in this purchase older, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of fire foregoing warrantim or guarantees, but such liability shall in no event include loss ofpmfits 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 Ira legal If. by writer change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchuni may make any changes an the It., other than legal terms, including additions to or deletions from the qu:mtities originally ordered in the spavinrations or drawings, by verbal or written change order. IIany such change al rrui the amount due or the time ofperformance hereunder, an equitable adjustment shall be mode. 6. TERMINATIONS. The Purchaser may ar any time by written change onion, terminate this agreement as re, any or all puniuns of the goods risen nut shipped, subject to any equitable adjustment bmween the parties mi to any work or materials then in progress provided that the Purc anal shall not be liable for any claims for anticipated profits on the uncompleted Portion office good candor wmk, for iacidrnml or cotsrytrential damages, and that nor such adjustment be made in favor of the Seller with raper, to any goods which are the Sellers sundrd stack. No such termination shall teller, the Purchaser or the Shccr afany of Nei, obligations as to any goods delineated hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within Ihirry (30) days from the date the change or termination is ordered. 8. COMPLIANCE Will) LAW. The Seller warren¢ that all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seiler shall execute and deliver such documents as may be required to effect or evidence coordinator. All laws and regulations required to be incorporated in agreements of this character are hereby Incorpommd herein by this reference. The Seller agrees to indemnify and hold the Putehaur hamlets from all coons and damage, suffered by the Purrhawn av is mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mansteq or convey this order, or my monies due or to become due hereunder without the prior wdnm consent of the other pony. I O. TITLE. The Seller warrants full, clear and committed title to the Parch noT for all equipment materials, and items famished n performance of this agreement, fore and clear of my and all liens, morictiars, resemotions, security mimes, encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhosn directs the Seller to correct nonconforming or detective goods by a it.,, to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by fire most expeditious means available to it, and the Seller shill pay all casts associated with such work. The Seller shall retest the Purchaser and its contractors of any for from all liability and claims of any name occulting from the pforfo mmnce of such work. This relent shall apply even in the event of fault of negligence of the perry released and shall extend m the directors, nRcers aM employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or crowd to be performed by rho Purchaser. 14. PATENTS. Whenever the Seller is required to we any design, device, material or process covered by lever, patent trademark or ropyoght the Seller shall indemnify and save harmless the Pumhsser from say and all claims for infringement by reacan of the use of such patented design, device, material or process in connection with the comfort, and shall indemnify de Purchaser for any cost expense an damage which if may be obliged to pay by mason Esuch infringement at any rime daring the prosecution or offer rim completion of the work. In case mid equipment, or any part thereof or the intended use of the goods, is in such suit held to constimm infringement and the use of mid equipment or pan is enjoined, the Seller shall, at its own expatriate and at its option, either procure for she Purchaser the right to rominue using said Nuipment or pans, replace fire same with substantially egmal but mainftinging rquipment or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or handicraft, 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 worried by the Purchaserwidow, liability. to. GOVERNING LAW. The definitions ofmrms rued or the interpretation office agreement and rite rights of ill panto hereundershall be constm o under and gwemed by the laws of the Sum ofCabmdo, USA. The following Additional Conditions apply only in cases where the Seller u to perform work hereunder, including the services of Scllcrs Re amsenudve(s), on the premises ofmM1e t, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is f Ily completed and accepted, and shall, in e of any accident, destruction or injury, to the work mWor materials befog Sellers Mal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases When materials and equipment are famished by others for irradiation or amnion by the Seller, the Seller shall receive, unload, store and handle want at the site and became responsible thererm as though such materials mlFor equipment were being finished by the Seller under the order. 18. INSURANCE The Seller shall, at his own expense, Provide for the payment of workers compcnsmion, including osupaMnal disease benefits, to its employees employed on or in connection with the work covered by this purchase older, .NOr to their dependents in accordawe with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive genial liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and desW limits of at Iessi g311"Jagir for any one Panama, $500,000 for any e accident and property damage limit per accident of $400,000. The Seller shall likewise require his courrommus, if any, to provide for such compensation and in e. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such c mpemmion and imumnce 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 imu=ce expireca. Tic Seller agrees Nat such compewtion aed insurance shall be mainlainal writ after the satire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the mtim responsibility and liability for my and all damage, loss or injury ofevy Road r nature whanoever to Persons or property caused by or mulling boom the execution of the work provided for in this purchase color or in connection herewith. The Seller will indemnify and hold hawi the Purchaser and any of all of the Purchasers ifc ns. agents and employees from and against my 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 act, action, neglect, omission or default on fire pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In cose any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account of by moon of any act, action, neglect, omission or deffull of the Seller of my of his contmcmrs or any of its or their officers, agent or employers its aforesaid, the Seller hereby agree, to assume the defense thereof and to defend the same at Rise Sellers own expense, to pay any and all woo, charges, numbers fees and other expenses, my and all judgments that limy be oacated by or obtained option ❑ , Purchaser or my of its or thew officers, agea¢ or employees in such suits err other proceedings, marl in tau judgment car of lien be placed upm m attracted against the property ofthe Purchaser, or mid panics in or a a result of such suits or other proceedings, the Seller will at ..of cause the mane to Is, di nolvM and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and insmll all guard n csmy for file prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, fie Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised LOGO14