HomeMy WebLinkAbout102829 DON KEHN CONSTRUCTION INC - PURCHASE ORDER - 3214415PO
PURCHASE ORDER 321441er Page
rClt�/ of PURCHASE
14415 t of z
Flirt Collins( his number must packing
!I\V`I ` V 1'�7 on all invoices, packing
sli s and labels.
Date: 08/14/2014
Vendor: 102829
DON KEHN CONSTRUCTION INC
6550 SCR 5
FORT COLLINS CO 80528
Delivery Date: 08/14/2014
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Flowfill Supplies
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@fcgov.com
1 LOT LS
5,000.00
Total
Pay terms net 30 days
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
1. COMMERCIALDETAII.S.
Tax exemptiorss. By statute the City of Too Collins is exempt from state and local macs. Our Exemption Number is
H.NONWAIVER.
98-04502. Federal Excise lax Exemption Certificate of Registry 84-6000582 is registered with the Collector of
Failure of the Purchaser to insist upon drier performance of Me manna aM conditions hereof, failure or delay or
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Simple, 1923, Chapter 39-26. 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify Me Seiler in the event of a
breach, the acceptance ofor payment for good hereunder or approval of0m design, shall not release the Seller of
Good Rejected. GOODS REJECTED due m failure to men specifications, either when shipped or due to deficits of
any of Me warranties or obligations of this purchase order and shall real be deemed a waiver of any eight airline
damage in mansit may be, resumed to you for credh and are not to be replaced except upon receipt of written
purchaser to insist upon senior performance humfor any of its rights or remedies as to any such good, regardless
—.it... from Me Cary of Fan Collins.
of when shipped, received or acceprN, as to any prior or subsequent default hereunt vor shall nay puryoned
and medificadis. or rescission of this purchase order by the Purchaser operate as a waiver of any of Me terra
Inspection GOODS are subject to the City of Fort Collins inspection on survival.
hereof.
Final Acceptance. Receipt of the merchandise, services or ryuipntent in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mNorixd payment on the part of the City of Too Collins. However, it is in be understood that FINAL
Seller sad the Purchaser eecogniu that in acme[ economic practice, overcharges resulting from anaftera
on completion of all applicable m uiredinspection procedures.
ACCEPTANCE is deman
violations arc in fact home by the Purchaser. Theretofore, for good muse and ns consideration for executing this
purthnu odor, the Seller hereby assigns m the Purehae any and ail claims it may now have or hammer
Freight Terms. Shipments must be FOR., City of Fan Collins, ]oo Wood St, Fon Collins, CO 80522, unless
acquired under federal or me, antlmut lax, for such merchsges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase or
bill most accommov invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have disblbuling points in various pans of the country, shipment is
expected from the nearest distribution paint to destirstion, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall pmium at sellers vole cost all exists., permits, certificates and licenses required by all
applicable I.., mill lotions, odinanme and rules of the state, municipality, muritory or political mbdiviston where
the work is Porfnned, or remtired by my other duly constituted public authority bavingjunsdietion over the work
of vendor. Seller funkier spaces to hold the City of Fun Collins harmless fmm and a& lost all liability and loss
incurred by them by reason of nn rimmed or established violation of any such laws, regulations, ordinances, rules
and requirements.
Aul mix.00n. All panics to this cimImG agree that Me repoesenmrivcs are in fact, bona fide and possess full send
complete authority to bind said parries.
LIMITATION OF TERMS. This I'miluse Order expressly limits acceptance to the mans and conditions stated
herein set forth and any supplementary or additional toms and conditions annexed herelo or incorporated herein by
reference. Any adilional or different erms and conditions proposed by sells are objected to end hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT incernaly if you cannot make complem shipment to arrive on your
provincial delivery d to as noted. Time is of the essence. Delivery and performance most W effected within the time
sorted on the muchuve order and the documents artach d hereto. No acts of the Purchasers including, without
limitation, acceptance of ireful Ire deliveries, shall opcmm as a waiver ofthis provision. In the evert crony delay,
Me Purchaser shall have, in addition to other legal and equitable remedies, Me option of placing this order elsewhere
and holding Me Sella liable for damages. However, the Seller shall sou be liable for damages as a result of delays
due to causes not teauoobly foreseeable which art beyond its ecamnable control vie without its fault of negligeue,
such acts ofGod, acts ofeivil or military authorities, governmental animals, fires. strikes. Rood, epidemics, wars or
riots provided that notice of the coedilions causing such delay is given ro the Purchaser within five (5) dys of the
time when the Seller first received knowledge Hereof In the even of any such delay. Me date of delivery shall be
extended for the pored xqual 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 order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for Me purposes intended, and
performed with the highest degree of care and competence in acmrdnce with accepted standard for work of a
-similar nature. The Seller agrees to hold the purchaser harmless firum any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Sella shall replace, remit or make
good, without cost to the purchaser, any defects or Nults arising within one (1) year or within such longer fired of
time as may be prescribed by law or by the corms of any applicable wananry, provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be monmm iably delayed), resulting from imperfect
or defective work done or materials punished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any 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 of profits or loss or use. NO IMPLIED WARRANI
OR MERCHANTABILIT Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
q. CHANGES IN LEGAL TERMS.
The Purchasor may make changes to legal terms by leaden change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any victories 10 the terms, other Nan legal tames, including additimas to or deletions from
Me quantities originally ordered in the sped fimtiom or dmwings, by verbal or wdnen change order. If any such
change affects the amount due or Me time afpefarmanee hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Pumhnse may at my time by women change other, mmunam this agreement as to any or all paaions of the
goad Men rat shipped, subject o pay equitable adjustment between the ponies as to my work or mutmnh then in
progress provided that the Purchaser shall nor be liable far any claims far aaticipaW profirs on the mmompleted
portion ofthe good valor work, for incidental or comcquential damages, and that no such adjustment be made in
favor of Me Seller with respect many good which are the Sellers standard crock. No such momentum shall relieve
Me Purchaser or the Seller ofany of their obligations as to any good delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be, assured within Minty, (30) days from me date Me change or mrminaion is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which Me goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to
indemnify and hold the Purchaser hmmless from all cost and damages suffered by me Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
prior written comers of the other party.
10. TITLE.
The Seller warrantsfull, clear and unrestricted title to the Purchaser for all eauipmcm, andua ls, and items famished
N perfoemance of fix agreement free and clear of any and all liens, restrictions, rescrvalians. security interest
encumbrances and claims ofolbers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser Miceli, the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafla indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be performed by the most expeditious means available f it, and the Seller shall pay all
costs associated with such work.
The Sol ler shall release the Purchaser and its contractors of any tier from all liability and claims of any norm,
resulting from the pefrmance of such work.
This release shall apply even in the event of fault of negligence of the only released and shall extend m the
Maestros, officers and employees of such Entry.
The Settees contractual obligations, including warranty, hall not be devoted m be reduced, in nay way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is terminal to use any design, device, mammal of process covered by ]ethic, patrnt trademark
or copyright, the Seller shall indemnify and save harmless Me Purchaser from any and all claims for infringement
by reason of the sew of such patented design, device, ma[enal m process in connection with the commit, and
shall indemnify Me Pmtlaser far say cost, expense or damage which it may be obliged to pay by rtawa of such
infringement ar any lime during the p rearemioa m area the compleian of the work. In case said equipment, or
any part thereof or Me included use of Me Goat is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined the Seller shall, at its own expense said al its option, either procure for Me
Touchiest, the right to cominue using said equipment or pat. replace the same with substantially equal bur
naninfringing Nuipmmr, ve madify ie as d becomes noniafringing.
15. INSOLVENCY.
If the Sella shall became insolvent or bandmpt make an assignment for the benefit of creditors, appoint a
or fr a ce, for any of Me Seller properly of business, Nis art may forthwith be canceled by Me
Pumbuer without liability.
16, GOVERNING LAW.
The definitions oftemts mud or the interpretation offs, agreement and Me rights of all plain hereunder shall be,
conswed under and governed by Me laws of the Some of Colorado, USA.
The following Additional Conditions apply only in Cases where the Seller is to perform work hereunder,
including the services of Sellers Representabve(s), ..Me premises ofaMcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work amVor materials before Seller's final completion and
acceptance, complete the work at Seder's own expense and to the mlilfactior ofthe Pmehmer. When materials
and equipment are famished by others for installation or ereclion by be Seller, the Seiler shall receive, unload,
.lore and handle same at the site and become respmuible therefor ns though such materials wWar 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 Me laws of the state in which the work is to be dune. The Seller
shall also carry mmpabnrsive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at ]owl S300,000 for any one person, 5500,000 for any
accident and property damage limit per accident of Sdoo,IJOo. The Seiler 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 Me premise of others, the Seller shall famish the Purchaser with a ceaificam
that such compensation and assurance have been provided. Such cenifica s shall specify the date when such
compensation and insurmee have been provided. Such m tificates shall specify the dam wheat such comparison.
and insumncc expires. The Seller agrees that such compensation era iraumme shall be mainmined until after Me
entire work is completed oral accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby essumcs me entire responsibility and liability for any and all damage, loss or injury of any kiM
or nature whosoever to persom or property paused by or resulting from me execution ofthe work provided for in
this purchase order or in connection bemvim. The Seller will tributary and hold hamtles the Purchaser aM any
r all of Me Purchasers officers, agents and employees from and against any and all claims, lasses, damages,
charges or expenses, whether direct or inducer, and whether to persons or property m which the Purohaua may
be put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of me Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall Ee bmight against he Purchaser, or its officers, agent or employees at any time on account m
by reason of any act, action, neglect, omission or default of Me Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, me Sella hereby agrees to assume the defense thereof and to
defend me same at Me Sellers own expense, to pay any and all cos., charges, attorneys fees and other expenses,
any and all judgments Nat may he incurred by or obtained against the Purchaser m any of its or their officers,
agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Purchaser, or said parties 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 band or otherwise. The Seller and
his contractors shall lake all safety precautions, famish and install all guard necessary for the prevention of
ocident, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therm.
Revised 07n016