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HomeMy WebLinkAbout102560 DANA KEMPER CO - PURCHASE ORDER - 9146066PURCHASE ORDER PO Number Page City, of PURCHASE 9146066 1012 tCollins This number must appear ` on all invoices, packing sli s and labels. Date: 10/20/2014 Vendor: 102560 DANA KEPNER CO 3701 CANAL DR FORT COLLINS CO 80524-8534 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 10/17/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price WATER PIPE & ACCESSORIES 1 LOT LS 9,908.60 6167001-00 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 •1: •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 I. COMMERCIALDEfAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local mass. Our Exemption Number c 98-04502. Federal Excise Tax Exemption Ceni0cam of Registry &T,6000587 is unpamrd with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39d6, 114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in IrarsiL may be mo and as you fur credit und are not to be replaced except upon receipt of writhes im.tmctian firm the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on atonal. Final Acceptance. Receipt of the merchandise, sate or equipment in mm poe to this order can result in authorized payment on the pan of the City of PanCollins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood ST, Fan Collins, CO 80522. We. otherwise specified on Nis order. If permission is given to prepay freight and charge separately. the original freight bill most accompany invoice. Additional charges for packing will not be seceptd Ship.. Distance. Where nunufacturers have distributing points in various pans of the country, shipment is expeetd fmm the nwrtst distribution pour to destiarim. and excess freight will be dducrd fmm Invoice when shipments are made fmm gam, distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses raluired by all applicable laws, regulations, ordinances and mica of the state, municipality, terrihary or Political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees Ira bold the City of Fan Collins harmless fmm and against all liability and lass incurred by them by reason area assumed or established violation of any such laws, reguldom. abournees, rates and requirements. Authorization. All parries to this connart agree that Ile representatives are, in fact ban fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions stmd herein set forth and any supplementary or additional hams and conditions annexed hereto ar incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hymn arm make complete shipment as arrive on your promised delivery date as noted. Time is of the coarize. Delivery and prrf rmmhe must be effected within the time stated on due punitive order and tie documents attached hereto. No acts of the Purchasers including, without lienimrion, acceptance of pmial lash deliveries, shall aprmm az a waiver of Nis provision. In tie event of any delay, the Purchaser shall have, in addition to rhea legal and alrade remedies, the option of plrem, Ws order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delay due to muses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, Is cf civil or military authorities, govemmenml priorities, fires, strikes, flood, epidemics, wars or Hors provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time whin the Seller East received knowledge thereof In the event of any such delay, the date of delivery shall her exhoded for doe trend equal W the time mtually lost by rearm of We delay. 3. WARRANTY. The Seller wartnnm that all goads, articles, materials ad work covered by this order will conform with applicable dewings, specifications, samples waWor other descriptions given, will be 0t for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted smndards for work of a similar nature. The Seller agrees to hold the pr chasar harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of womnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defrcts or faults ansing within one (1) year or within such longer pond of time as maybe preurbal by law or by the mmn of any applicable warranty provided by the Seller after the data of acceptance of the goods launched beautician (acceptance not to be unm ustably delayed), resulting from imperfect or defian c work time or sterol; f fished by den Seller. Acceptance ant tau of goods by the Purchaser shall not onstume a waiver of any claim soda Uses tvamnty. Except n otherwise provided in th:s purchase maker, the Sellers liability hereurtda shall exted to all damages proximately caused by Be batch of any of the foregoing warmnlies or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Franchiser may make changes to legal tei by written change order 5. CHANGES IS COMMERCIAL TERMS. The Purchaser may make any changes to the terms, either than legal temas, including additions to or delenioo fmm the qumtiiies originally ordered in the sped Gcation or drawings, by verbal of written change ode. If my such change affeco, the amount due or the time ofperfomance hereunder, an equitable adjnsment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change ode,, remain., this egwemem az r any or all punions of the goods then not shipped, sub cal m any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted portion of the goads maVor work, for incidental or c rosequential damages, and Out no such adjustment he mode in favor of the Sella with mpan to my goods which are tie Sellers standard stack. No such temtimation shall relieve the purchaser or the Scller of my ofne'r obligations in an my goods delivered heremder. 7. CLAIMS FOR ADJUSTMENT. Any claim for ndjuermat must be assured within thim, (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WIT [I LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict compliance with all applicable laws and regulations to which the goods art subject. The Seller shall execute and deliver such documents as may be sequined to effect or evidence compliance. All laws and regulations erequird to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold tie Purchaser haamless from all cos. and damages suReeed by tie purchaser as is mutt of tie Sellers failure in comply with such law. 9. ASSIGNMENT. Neither party shall assign, amnfe,, or convey this order, or any morns due or to become due hereunder without the prior written consent of the other parry. 10, TITLE. The Seller warrents full, clear and commended tide ha the Purchaser for all equipment, materiac, and items furvshd in performc a of this agreement, fine and class of my tutu all lien. restriction, reservations, security interest enctanbromaand claims i fother 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to rany rights or manages provided herein or by law, failure to promptly notify the Seller in the event of a br acM1 erem the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase ender and shall act be deemed a waiver of any right of tie purchaser to insist upon strict performance hereofor any of its rights or ma dies as ha any such goods, regardless of when shipped, received or acceptd, to to any pear or subsequent default hereunder, nor shall any purported teal mdifimtim m new.mn of this purchase order by tie Purchun opcmh as a waiver of any of the or. hnmf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact berme by the Pnrchasa. Hurrinfre, for god cause and as consideration for executing this purchase oNer, the Seller hereby assigns to the Purmaw, any and all claims it may now have or hereafter acquired under fderal or stale mumant laws for such overcharges relating in the particular Sands or warvicas purchased or acquired by the Purchaser pursuant to tNs produce oNer. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purthaser dames, the Seller to emmect nonconforming or defective gads by a date in be agreed upon by the Purchaser and the Sella, and the Sella mccu er indicates in mobility or unwillingness to comply. One Purchase, may muse the work in be nabomtd by the most expeditious means available in it, and the Sella shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any airline resulting form the perfommme ofinish work. This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directoes, oRcers and employers of oath party. The Sellers contmctual obligations, including wamenty, shall or be dated to Ise reduced, in any way, beoeme such work is performed or caused to be performed "a Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered 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 Prodhose r for any cost, expense or damage which it may be obliged to pay by moon of such infdngrmrnt at any time during the prosecution or after the completion of the work. In case said equipment, or any part Brmf or the intended use of the gods, is in such suit held to constitute infringement and the use of said equipment or pan is mjomal, the Sella shall, at in own expense and al its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing yuipmenr, or modify it so it haomes noninfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bmeflt of creditors, appoint a raciver or trustee for any of the Sellers property or business, this order may fanhwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definiliars of tams tad or the iateryremtion of the agreement red the rights of all parries tommdcr shall be wowed under and governed by the laws ofthe Stain of Colornda, USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hermnda, including the services of Sellers Representativr(sh on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work al Sellers own risk it Ne same is fully completed and accepted, and shall, in are of any accidmr, de mar m car injury to the work manor mrerials before Sellers final completion and ever, arse, ..,Jr., the work an Sellers own experue and W na satisfaction of tie Pomerania. When matdak ad equipmmt art intendant by others far installation or erection by the Sella, tie Seller shall receive, unload share and handle same an the sire and become responsible therefor as naught such materials mWor equipment were being Furnished by tie Sella under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymmi of workers compensation, including occupational disease benefits, to its employees employed no or in correction with the work covered by this purchase order, Swi to their dependent, in accordance with the laws of the state in which the work is to be, done. The Seller shall also carry comprehensive general liabilily including, bat not limited to, contactual and automobile public liability inamove ce with bodily injury and death limits of at least 5300,000 for any are person, 5500.000 for my rom accident and property, damage limit per accident of 5400,000. The Seller shall likewise acquire his mntmcmrs, if any, to provide for such compensation and inuance. Before my of the Sellers ant his cmtracom employees shall do any work upon the premises of others, tie Seller shall burnish the Purchaser with a cenificah Mar such compensation and loumace have been provided. Such certificates shall specify the dam what such ompens.ban 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 after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby aumues tie —me responsibility ad liability far any and all damage, loss ant injury ofany kind r than. wha.mvcr m persons or progeny coned by or mulling fmm the execution of tie work provided for in this p rrchrn order a a. ..air. herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against any and all claimz 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 m default no the part of the Seller, any of his mountains, or any of the Sellers or contractors officers, agents or employees. In craw my suit or other proceedings shall be brought against the Purchaser, or its oRcers, agent, or employees at my time on account or by mason of my nod, action, neglect, omission or default of tie Seller of my of his contractors or my of its or heir officers, agrees ant employees As aforoaid, the Seller hereby agrees to assume the defense thereof oar to defend tie same at tie Sellers own expene, to pay any rod all cast, cicrges, attorneys fees and other expenes, my and all judgmenu that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pose dings, and in case judgmental or other lien be placed upon or obtained against the property ofthe Puaheism , or said pries in or n a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and dischargd by giving bond or oferwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Hmlf Act of POO and all tales and regulatiom innud po¢sem theme. Revised OIR014