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HomeMy WebLinkAbout102560 DANA KEPNER CO - PURCHASE ORDER - 9122185PURCHASE ORDER PO Number Page City Of` 9122185 1 °f z ' `t Collins oll I n C This number must appear J on all invoices, packing slips and labels. Date: 04/16/2012 Vendor: 102560 DANA KEPNER CO 3701 CANAL DR FORT COLLINS Colorado 80524-8534 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 04/16/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I WATER PIPE & ACCESSORIES 6148690-00 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 1 LOT LS Total Invoice Address: 13,186.00 $13,186.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAHS. Tax exemptions. By statute the City of Fen Collins is exempt from start and local taxes. Our Exemption Number is 95-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Internal Revenue, Denver. Colomdo (Ref Colorado Revised Statutes 1973. Chapter 39 2R, 114 (a). Goods Rejected. GOODS RFJECTEO duc to failure to meet specifications, either when shipped or due to defects of damage in transit, may be remmed to you for credit and are not to be replaced except upon receipt of wrince interactions from the City of Fen Collins. Inspection. GOODS am subject to the City of Fan Collins inspection on arrival. IL NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the neceplence ofor payment for goods hereunder or approval ofthc design, shall not release the Seiler of any ol'the svamntic., or obligations of this purchase order and shall not be deemed a waiver of any right of the Purchaser to insist upon strict perfomunce hcreofer any of its rights or rcmcdics as to anv ,such goods. regardless of when shipped. received or accepted. as to any prior or subsequent default hcrcunder. nor shall any purpnnN oral modification or reseissinn of this purchase order by the Purchaser operate as a waiver Many of the temis 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 Fen Collins. Browser. it is to be umdemteed that FINAL Scllcr and the Purchaser recognize that in actual economic practice, overcharges resulting from amemst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be F.O.B., City of Fort Collins, 70a Wood St., Fen Collins, CO 90522. unless acquired under federal or suite antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay feight and charge separately, the original freight purchased or acquired by the Purchnscr 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 manufacturers have distributing points in various pans of the country, shipment is If the Pi rchascrdirects the Seller to correct nonconforming or defective grads 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 Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditions means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles of the state, municipality, territory or political subdivision whore 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 Too Collins hamdcss from and against all liability and loss incurred by them by reason of an ac trued or established vinlation of any such laws, regulations. ordinances. odes .ad requirements. Anthony tioa. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete Barbarity to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc 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 on the purchase order and the document attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries shall operaticas a waiver of this provision. In the event ofany delay. the Purchnscr shall have, in addition to other legal and equitable rcmcdics, the option of placing this order elsewhere 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 fault ofnegligcnce. such acts of Gad, acts ofeivil or military authorities, governmental priorities, fines, strikes Bond, epidemics. sears or rims pmvidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe 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 acmally lost by reason of the delay. 3. WARRANTY. The Seller wamnts that all good. articles, materials aad work covered by this order will confnm with applicable drawings. specifications, samples and/err 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 Puehascr may suffer or incur on account ofthe Sellers breach ofwarranty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any ddects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamety provided by the Seller after the date of acceptance of the good furnished 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 Liffey 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 wamaties or guarantees, but such liability shall in no twat 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 terms, other than legal terms. including additions to or deletions from the quantities originally entered in the specifications or drawings, by verbal err wmten change order. If any such change affects the amount due or the time ofpafomranee hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progross provided that fhc Purchaser shall not be liable for any claims for anticipated props on the uncompleted portion of the goods and/or work, for incidental or consequential danragcs, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Scllcrs smndmd snick. No such termination shall relieve the Purchaser of the Seller ofany of their obligations as to any 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. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grads arc subject. The Seller shall execute and deliver such documents is maybe required to effector evidence compliance. All laws and regulations required to be incorporated in agreements of this chancier are 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 Scllcrs failure to comply with such law. A ASSIGNMENT. Neither party shall assign, mnfM or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Pumhascr for all cquipmcnt, materials. and items furnished in performance of this agreement free and clear of any and all liens. restrictions, reservations scenery interest encumbmnees and claims of olhces. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nannc resulting from the performance ofsech work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the direcous. oB-¢crs and cntployccs ofsuch party. The Seller's contractual obligations. including variant). shall not be deemed to be reduced, in any nay, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pmccss covcrcd by letter, patent. trademark 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 of such infringement at any time during the prosecution or after the completion of the work. In ease said equipment. or any pan theeof et the intended use of the goods. is in such snit held to cmnstimc infringement and the use of said equipment or pan is enjoined, the Seller shall, of its ton expense and at its option, either procure for the Purchaser the right to continue using said equipaenl or parts, replace the same with sabstantially equal bur nnninfringing cquipmcnt, or modify if so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or instee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. I6. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement and the rights of all panics hereunder shall be construed under and govcmcd by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perGarm work hereunder. including the services of Scllcrs Repmscreative(s), on the premises nfmhers. 17. SELLERS RESPONSIBILITY. The Sellershall carry consent work at Seller's own risk until the same is fully completed and occepted. mad shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptunce, complete the work at Sellers own expense and to the salisfaction ofthe Purchaser. When materials and equipment are furnished 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 furnished by the Seller under the order. 18. INSURANCE. The Seller shall. at his own expense, provide for the payment of workem compensation, including occumational 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 Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. hoot not limited to, con racmal and automobile public liability insurance with bodily injury and death limits Mm least S30fQra0 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 commnors, if any, to pmvidc for such compensation and insurance. Before any of the Sellers; or his contractors cropleyess shall in any work upon the prenr ises cf others, the Seller shall funiish the Purchaser 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. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and linhiliry for any and all damage. Ines or injury ofmny kind or nature whatsoever to persons or pmperry caused by or resulting from the execution efthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any of all of the Purchasers ofirem. agents and employees from and ngaima any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchnscr may be put or .subject by reason of any acl. 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 proceedings shall be brought against the Purchaser, or its oBium, agents or employees at any time on account or by mason of any act, action, neglect. omission or default of the Seller of any of his comments or any of its or their effects, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thcrcnf and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incured by or obtained against the Purchaser or any of its or their eRcers. 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 Purchnscr, 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, famish and install all guards neecssmy for the prevention of .accidents, comply with all laws and regulations with regard to safety including, hot without limitation, the Occupational Safety and 1feelth Act of 1970 and all miles and regulations issued pursuant thereto. Revised 03/2010