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HomeMy WebLinkAbout424631 KENNEDY / JENKS CONSULTANTS - PURCHASE ORDER - 9120719City of art Collins PURCHASE ORDER Date: 02/03/2012 Vendor: 424631 KENNEDY / JENKS CONSULTANTS ATTN: ACCOUNTS RECEIVABLE 303 2ND ST, STE 300 SAN FRANCISCO California 94107-1328 PO Number Page 9120719 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/03/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price Grease Intercepto Inspections Semi -Annual 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 1 LOT EA 20,476.00 Total 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. COMMERCIAL DETAILS. Tax exemption, By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 98-0,1502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenues Denver, Colorado (Ref Colorado Revised Stiones 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED disc to failure to meet specifications, either when shipped or disc to defects of damage in transit, may be resumed to you for credit and are not to he replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist .No strict performance of the terms and conditions hereof, failure or delay to exercise nny right, or remedies provided herein or by law, failure to promptly notify the Seller in the cons of a breach, the aeceptince of or payment for goods hereunder or approval of the design, shall net release the Seller of any of the wmmnties or obligations of this purchasc order and shall not be deemed a writer of any right of the purchaser to insist upon stict perfomtancc hacefor nny of its rights or minalics as to any such goods, regardless of when shipped. received or accepted, as to any prior or subsequent default hereunder, norwhall any purponcd and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hcrcof. Final Acceptance. Receipt of the merchandise, services of equipment in msposac to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. Howeevcn it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable acquired inspection proccdnrcs, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Punctuator any and all claims it may now have or hcreaficr Freight Terms. Shipment, most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods at 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 oiler. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various Pans of the country, shipment is expected from the nearest distribution point to destination. sad excess freight will be deducted from Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political saldwision where the work is performed, 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 harmless front and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this comma agree that the representatives arc, in fact, bona fide and possess full cad complete authority to bind said panics. LIMITATION OF TERMS. This purchase Order expressly limit, acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions psuposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liablc for damages as a result of delays due to cause, not reasonably foreseeable which am beyond its reasonable contort and without its fault of negligence. such it, of God, acts of civil or military authorities. governmental priorities, fires. strikes. flood. epidemics wars or riots provided that notice of the conditions causing such delav is given to the Fancie scr within fire (5) days of the time when the Seller firsts received knowledge thereof. In the event of any such delay, the date of delivay shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all good, anicles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and perforated with the highest degree of care and competacc in accordance with accepted standards for work of a similar nature. The Seller agrees to hold she purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) yens 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 goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defativc work done or materials famished by the Seller. Acceptance or use of goals by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othcoxisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages Proximately caused by the breach of any of the fnregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 tents, other than legal across, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by %Tlticn change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment hat the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated panties on the uncompleted portion ofthc goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favofaiths: Seller with respect to any goods which arc the Scllcrs standard stack. Nn such temoinrtion shall relieve the Purchaser or the Seller of any of their obligations as to any good del ivercd hacienda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment muse be asserted within thirty (30) days from the date the change or termination is ordered. R, COMPLIANCE WITH LAW. The Seller warrants that all goods soldhereunder 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 documents as may be required to effect 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 From 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, transfer, or convey this ordct or any monies due or to become due hereunder without she prior written consent of the other parry. 10. TITLE. The Seller wasoam full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agmancnt free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective goods by a date 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 the most expeditious means available to it, and the Scllcr shall pay all costs associnted with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of (null of negligence of the party released and shall extend to the directors, offlam and employees of such party. The Scllcrs contractual obligations, including aam. nrv, shall not be deemed to be reduced, in any stay, because such work is perforated or caused to be Performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to asc any design, device, material or process covered by tettce patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser form any and ill claims for infringement by sensors 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 ss the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, 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 and at its option, either procure for the Purchaser she right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, ortnodify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankmpe, 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 Purchaser without liability. Ib. GOVERNING LAW. The definitions oftain, used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construct] under and governed by the Imes afthc State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to Perform work hereunder. including the services of Sellers Reprcsentalive(s), on the promises of others. 17. SELLERS RESPONSIBILITY. The Scller .shall carry on said work at Scller's own risk until the same is fully completed and accepted, and shall, in ease of anv accident destruction or injury to the work and/or materials before Sellars find completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When materials and equipment arc Famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishcd by the Scller under the order. It,. 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 slate in which the work is to be done. The Seller shall also catty comprehensive general liability including, but not limited to, continental and automobile public liability in,urance wish bodily injury and death limits of ut leases 5300.0(m for nay one person, S5110.000 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 eompensmion and insimmee. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been Provided. Such certificates shall specify the date what such mpcnsation and insunnm have bean 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 work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchasc order or in connection herewith. The Seller will indemnify and hold brooks, the Purchaser and any or all of the Purchasers oRcers, agents and employees form and against any and .II claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Pumoma may be put or mbicct by reason of any act, action, neglect omission or default on the pan of the Seller, am of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or emplayca m any lime on account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors 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 costs, charges, ation s fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its ar their ofree., agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchases, ormid parties in or as a result ofsuch suits or other proceedings. the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, Famish and install all guards necessary for the prevention of aecidems. 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 therein. Revised 03/2010