HomeMy WebLinkAbout102560 DANA KEPNER CO - PURCHASE ORDER - 3214085 (2)of
FOCity, Collins
Date: 07/24/2014
Vendor: 102560
DANA KEPNER CO
3701 CANAL DR
FORT COLLINS CO 80524-8534
PURCHASE ORDER
PO Number Page
3214085 1 of 2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 07/11/2014 Buyer: PAT JOHNSON
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 Extended
Ordered Price
3 Added additional funds per
requisition 47684
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
100,000.00
Total $1
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of For Collins is exempt Gum state and local taxes. Our Exemption Number is
98-N502. Federal Excise Tax Exemption Cwhfica, of Registry 84-6000581 is registered with the Collecer of
formal Revenue, Denser, Colorado (Ref. Colorado Revised Screw, 1973, Chapter 39.26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to Jet" of
damage I. tnrsit, may be retumN m you for credo and am trot m he replaced except upan receipt of written
papudons from the City of Fon Collins.
Inspection. GOODS we subjeer a the City offer Collins inspection on social.
Final Acceptance, Receipt of the merchandise, serae response
r equipment in spoe m this order ca result in
authorizedon payment the Wn of the Ciry of ForCollins. However, it is e he understeod tbar FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tema. Shipments most be F.O.B.. City of For Collins, 700 Wood St., Fact Collins, CO 80522, unless
otherwise specified on this order. Ifpem axion is given to prepay freight and charge separately, the original freight
bill most wromowv invoice. Additional chorea for wckine will not he accepted.
Shipment Dismnce. Where manufacturers have disrtibutin, part,, in van. pans of the ...wry, shipment is
expected fmm the neamt distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cast all necessary permits, ttttificaas and licenses required by all
applicable laws, regulations, ordinances and pules of the suite, municipality, territory, or political subdivision where
the wad is performed, or required by any other duly constinded public authority having jurisdiction over the work
of vendor. Seller probe, agrees to hold the City of fan Collins harmless from and against all liability and less
incuned by then, by reason of an asserted or established vidulion of say such laws, regulmiow. ordinances, rules
and namocments.
AutMmation. All Lambe, to this contract agree that the repasenlatives are, in fan, bona fide and possess full war
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits wesquwce to the terra and canditiom stated
berein set fed and any suDDlemenmry or indifferent ,error and conditions annexed berce in incorporated herein by
reference. Any additional or diffemd menu and conditions proposed by seller ate objected to and hereby ejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGHNT immediately try.. cannot make complete shipment to arrive on yrw
promised delivery, date is noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached bane. No acts of the Pumhaters Induchra , without
limitmian, wcepmae of partial late deliveries, shall .,verve as v waiver citrus provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies the option of plaring this order claewhee
and bolding the Seller liable for damages. However, the Seller shall rem he liable for damages w a result of delays
due to causes net reasonably foreseeable which ere beyond its reasonable control and without its fault of negligence,
such tier of Gad, tots of civil or military authorities, govcmmental priorities, fires, spikes, flood, epidemic, wars w
riots provided that notice of the conditions cursing such delay is given he the Pumhoser 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 far the period equal or the time actually last by reason of the delay.
3. WARR sh"i
The Seller waotwls that all goods, omicles, mmesirds and work covered by this ender will conform with applicable
drawings, specifications, samples wafer other descriptions given, will be fit for the Proposes intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
'miles Comm. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sutler or incur an account of the Sellers breach of wnranty. The Seller shall replace, repair ar nuke
good, without cost to the purcluueq any defects or faults arising within one (I) year or within such longer pond of
,ime as may be presented by law or by the terms of any applicable wamamy provided by the Seller after the date of
acceptance of the good famished hereunder (w.cepuinn not to he uru,asoably delayed), resulting fmm imperfect
or defective work done or maenals furnished by the Sella. Acceptance or are of goods by the prochata shall not
oatitum a waiver of any claim under this warenry. Except as otherwise provided in this pureM1ase order, the Sellers
liability Samaritan shall extend m all demagc, proximately cowed by the breech ofany or he foregoin6 wammies
or guarantees, but such liability shall in no event include less rfpmGe or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser ray make change to legal It. by wain change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any change to the emu, other thin legal forms, including additions to or debar o w fmm
the quantities mi,i ally ordered in the specifications or drawings. by verbal or wri,en change order. If any such
change affects the amount due or the time of performance hereunder, an amicable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may al any time by candour change order, landrome his agevarmnt as to any or all ponioas of the
goods then not shipped, subject to any equimble adjustment between the parties as 10 my work or materials then in
progress provided that the Procreator shall nor be liable for troy claims for anticipated pm0u on the uncomplded
portion of the goods =Nor work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Seller with respect to any good which me she Sellers stunlund stock. No such tennialion shall care,
the Purchaser or the Seller wary of their obligations as to any good delivered hereunder,
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be normal within thirty (30) days man the data the change or earmation is
ordered
8. COMPLIANCE WITH LAW.
The Seller warrants But all goods sold hereunder shall have been produced sold, delivered and fmnishnd in suit
compliance with all applicable laws and regulations to which the goods are subject. The Sella shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required m be
ncommated in agreements of this chamcler are hereby inc wormed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hamtless firm all rusts and damages suffered by the Purchaser as a reult of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall dui,, RwwR,, or convey this mdeq an any monies due cam become due hereunder window the
prior woman consent ofthe other party.
10. TITLE.
The Seller warrants full, clew and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance
of Nis agreement, free and clear of any add all liens, restrictions, reservations, security precast
enswormancesand claims of others.
11. NON WAI VER.
Failure of the Purchaser to insist upan strict performance of the Loma and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to pramptly notify the Seller in the event of a
breach, the acceptance of or payment for goods heeunder an approval offe design, shall not release Jr. Seller of
any of the warranties or obligations of this purchase order and shall not be demand a waiver of any right of the
purchaser ro insist upon sure, performance hereofor any of its rights or remedies as to any such good, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any paryoned
oral modification or rescission of this puchato order by the Purchaser.,cote as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in action economic practice, macharges reading from antimen
violations are in fact borne by the Purchaser. Theamfrm. for goal cause and as consideration for executing this
pumbae order, Lhe Seller hereby assigns to the Purchaser any and all claims it may now Save or hereafter
acquired under fndeml or sate an aroul Laws fa such movies as relating to flee wniculm goods or imacas
purchased or acquired by the Purchaser pursant to this purchase order.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coven nonconforming or detective goods by a dale to be agreed upon by he
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness 1. comply, the Purchaser
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.
The Seller shall release the Purchaser and its compucmrs of my tier fmm all liability and claims of any atue
resulting from the performance ofrach work.
This release shall apply even in fire even, of fault of negligence of the party retained and shall extend to the
i imen rs, allicers sad employees of such party.
The Seller's cmnractal obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or ..it m he performed by the Purchases.
14, PATENTS.
Whenever the Seller is required to use my design, devltt, material or process wavered by leder, parent trademark
copyright, the Seller shall indemnify vad save harmless the Purchaser from any and at I claims for infringement
by reason of Om ae of such patented design, device, material ar process in connection with the contort, and
shall indemnify the Purchaser for any cost expense or d mage which it may be obliged to pay by reason of such
impingement at any time during the prosecution or after the completion of the work. In case said equipment, or
my part th rsaw or the intended use of the goods, is in such suit held to con timte infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and m its option, either procure for the
Frowner the right to counume easing said equipment or From, replace she same wit subsewfdly equal but
noreinGnging equipment, or modify it so it becomes noninfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make as assignmem for the be relir of creditors, appoint ti
or townsan , for y of the Sellers pmperry or controls, this order may forthwith be canceled by the
Purchaser w'ithau, liability.
to. GOVERNING LAW.
The definitions of,,. used or the prerpmmirm of the agreement and the rights of all parties hereunder shall be
command under and governed by the laws offer State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to pmfnrm work hereunder,
including the services of Sellers Repre rostative(s), on the premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk wail the same is fully completed and accepted, and shall,
in case of any accident, deswclum or injury to the work and/or minerals before Sellers final mmplation and
acceptance, complete the wad al Sellers own expense and to the wlisfaction of the Purehasn. When mmmds
wit equipment art famished by others for installation or erection by the Seller, the Seller shell receive, unload,
store and handle sure at the site and became responsible therefr is though such materials wd'or equipment
were being fmished by the Seller under the order.
IR INSURANCE..
The Seller shall, at his own expense, pmvide for the payment of workers compensation, including eacupztioal
disrase henefu, a its employees employed on of in connection with far work covered by this purchase other,
maker to their depena ens in wica dwce with the laws of the state in which the work is to be done. The Seller
shall also enter mmprehensve general liability including, but not limited W. contractual and automobile Public
liability insurance with bodily injury cad death limits of in least $300,000 for any one person, S500.000 far any
one
accident and papery damage limit per accident of $400,000. The Seller shall likewise require his
contractors, If any, to provide for such compensation and Insumnee. 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 cedifcate
far such compensation and ...a, have been provided. Such certificates shall specify the date when such
compensation and instance have Sion provided. Such certificate shall specify the Jae when such compensation
and insurance expires. The Seller ogees that such wampemation and insouciance shall So remained until after the
entire work is wampined and acttpred.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire fe.... sibiliry and liability for my and all damage, fuss or injury of any kind
or nature whensoever to persons or pmpeny caused by or resulting from the execution of the work provided for in
this p rshawe order or in connection betswuh. The Seller will indemnify and hold harmless the Purchaser and any
ar all of the Purchasers efforts, agenu cad employees fmm and again, any and all claims, losses, dzmagss,
charges or expenses, whether direct or indirect, sod whether m persons or pmpaty to which the Praclarear may
he For or subject by reason of my nor, .,am, neglect, omission or default .n the pan of the Seller, any of his
contractors, or any of the Sellers or ontractors officers, agents or employee. In case my suit or other
proceedings shall be brought against he Purchaser, or its allicers, sows or employees at any time an account or
by reason of any act, action, neglect, omission or default of the Sella wary 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 ad ell costs, charges, m arrays fees and Other aspirator,
wy and ail judgments that may he incuned by or obtained against the Purchase, or any of its or their officers,
agents or employees in such suits or other prattedings, and in case judgment or otter lien be placed upon or
obtained againt the property affair, Purchase, or said parries in or as is result ofs.ch suits or other proceedings,
the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Sella cad
his contractors shall take all safety peceuriors, fmish and insult all goad necessary for the prevention of
accidents, comply wild all lass and regulations with regrrd to safety including, but without limitation, the
Occupational Safety and Health Act of L970 and all roles and ragulwions ¢wed pursuam there.
Revised 07n014