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HomeMy WebLinkAbout102560 DANA KEPNER CO - PURCHASE ORDER - 3215200Fort Collins Date: 01/12/2015 Vendor: 102560 DANA KEPNER CO 3701 CANAL DR FORT COLLINS CO 80524-8534 PURCHASE ORDER PO Number Page 3215200 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 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 1 2015 Blanket Order Water/sewer 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 275,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from sure and local taxes. Our Exemption Number is I. NONWAIV[R. I I NO 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Culligan: of of de Purchaser m insis u strict dotmmce of the terms and wnditiors harm( failure or data to Po^ Pe y Integral Revenue, Deaver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. I la (a) exercise any rights or remedies provided herein or by law, failure to prompily notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofine design, shall not release the Seller of Cued Rejected. GOODS REIECFED due to failure to men specifications, either whom shipped or due to defects of my of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credit and are not in be replaced except upon receipt of wdnen purchaser to mane upon start performance heteofor any ofits rights or remedies as m my such goods, regardless instructions from the City of Fail Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any managed are modificancn or rescission of this purchase order by the Purchaser operate as a waver of my of the terms Inspection. GOODS are subject to the Ciry of Fon Collins inspection on arrival, hereof, Final Acceptance Receipt of the merchandise, services or equipment in response to this order can r esult in 12. ASSIGNMENT OF ANTTTRUSTCLAIMS. authorised payment oa the pan of the City of Fog Collins. However, it is m be understood maFINAL Seller and the Purchaser recognize thin in actin economic practice, overcharges resulting farm mtitrust ACCEPTANCE is dependent upon completion ofa11 applicable required inspection procedures violations are in fact home by the Purchaser. Thernofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and ell claims it may now have or hereafter Freight Terms Shipments must be F.0 B., City of Pon Collins, 700 Wood St, Fog Collins, CO 80522, unless acquired order federal or state antitrust laws for such overcharges 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 order. bill most accompany invoice. Additional charges for packing will eat be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disanceiii manufacturers have distributing pains in vanom parts of the can", shipment is If the Purchaser directs the Seller to tartest nommafomung or defective good by a due to be agreed open by dre expected from the nearest distribution point no destination, and excess freight will be deducted from Invoice shad Purchaser and the Seller, and the Seller thereafter indicates its ineoli, or unwillingness m comply, the Purchaser shipments are made from greater distance may cause me work be be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where The Seller shall release the Purchaser and its contractors of my der from all liability and claims of my nature the work is performed, or created by any other duly constituted public authority having jurisdiction over the stock resulting fmm the performance of such work. of vendor. Seller fuller agroes to hold the City of Fort Collins hamdess from and against ill liability and loss incurred by them by reason of an ascend or established violation of my such laws, regulations, ordinances, galas This release shall apply even in the event of fait of negligence of the parry released and shall extend to the and orientations dancemrs, officers and employees of such parry. Authorisation. All parties to this contract agree that the representatives are, in fact, bona Ode and possess full and complete authority to bind said parties. LINBTATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions seated herein sit forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dlRerimt rents and conditions proposed by alter are objectors] co and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery data as noted. Time is of the essence. Deliveryand pedormmce must be effected within the time stated on the purchase order and the documents attached hereto. No acts of me Purchasers including, without limiration, acceptmer of parnal Ire deliveries, shall opeeare as a waiver of mix provision. In the event of any delay. me Purchaser shill have, m addition to other legal and equitable remedies, i e option of placing this order elsewhere and holding the Seller liable for damages. Ho evils, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable Which are beyond its reasonable control and W thom in fault of negligence, such acts of God, acts of civil or military authorities, govemmental priorities, fires, strikes, Flood, epidemics, wars or acts provided that notice of the conditions causing such delay is given m the Purchaser W thin five (5) days of the time when the Seller first received knowledge therm( In the event of any such delay, me data of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller woman that all good, articles, materials and work covered by this order will confomr with applicable drawings, specifications, samples and/or 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 my loss, damage or expense which me porringer may suffer or incur on account of the Sellers breach of comment, The Seller shall replace, repair re make good Whom cast to me purchaser. my defers or faults arising within one (1) year or within such longer peace of time any may be presented by law or by the terms of my applicable warrmry, provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), madding from imperfect or defxtive work done or materials famished by the Seller. Acceptance or use of good by an purchaser shell not constitute a waiver of my claim under this wanmry. Except as otherwise provided to his purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach army of me foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make charges to [age tears by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to me terms, other than legal terms, including additions to or deletions from me quantities originally ordered In the specifications or drawings, by regard or waten change order. If any such change aQects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at airy time by written charge order, terminate this agreement as to any or all potions of me good then not shipped, subject to my equitable adjustment between the parties as m my work or materials men in progress provided and the Purchaser shall not he liable for my claims for mticipred profits on the uncompleted portion of the goods and/or work, for Incidental or consequential damages, and that no such adjustment be made in favor of me Seller aim respect to any good which are the Sellers smdud sock. No such termination shall relieve me Funding or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted Whin thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller worries rum all good sold hereunder shall have been produced, sold, delivered and famished in 960 compliance what ail applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character 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 Sellers failure to comply aim such law. 9. ASSIGNMENT. Neither parry shall assign, trmsfe, or convey this order, or my monies due or to became due hereunder wrong the prior "am mount of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in perfomhance of this structural, free and clear of my and all liens, restrictions, reservations, security interest encmnbrances and claims of others. The Seller's contractual obligations, including warranty, shall not be deemed m be reduced, in my way, because such work is Performed or caused to he Performed by the Purchaser. Iq. PATENTS. Whenever the Seller is occurred to use any design, device, madenal or process covered by letter, parent trademark or copyright, the Seller shall indemnify and save harmless the Pardoner Two my and all claims for infringement by reason of the use of such patented design, device, materiel or process in connection wild me contract, and shall indemnify me Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of me work. In case said equipment, or my pan thereof or the intended use of the gods, is in such suit held to cournitme infnngemeat and me use of said equipment or pan is enjoined, the Seller shall, se its own expense and at its optim, either promote for the Purchaser me right to continue using said equipment or pans, replace the same with substantially equal but noninfdnSing eluipmmr, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for my of me Sellers property or business, this order may foramina he canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions of terms used or the inu rpremtion of the agreement and the rights of ail parties hereunder shall he corstued ender and governed by me laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where me Seller is to perform work hereunder, including me services of Sellers Represenrative(e), on the premises octal 12. SELLERS RESPONSIBDJTY. The Seller mall carry on said work at Sit own risk until the some is fully completed and accepted, and shall. in case of my accident, destruction or injury to the work and/or muenals before Sellds final completion and acceptance, sampler me work at Sellers awn expense and go the satisfaction of the Purchase. When materials and equipment are famished by others for installation or erection by the Seller, are Seller shall receive, unload. store and handle same at me site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shdL at his own expanse, provide for the payment of waders compensation, including incremental disease benefits, to its employees employed on or in connection with he work covered by this purchase order, and'or to their dependents in accordance word the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited W. convacmal and amomobele public liability insurance with bodily injury and death limits of at least f300,000 for my one person, $500,O00 for any age accident and property damage limit Per accident of VOOW, The Seller shall likewise require his ontractors, if my, to provide for such compensation and announce Before any of the Sellers or his content employees shall do my work upon the premises of others, the Seller shall famish the Porringer what a cenifiess that such compensation and insurance have been provided. Such cenifica[a shill specify the date whim such compensation and insurance have been provided. Such certificates shall specify the date when such wmpeneatirn 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 anumas the more responsibility and liability for my and all damage, loss or injury army kind r nature whatsoever to pawns or property demd by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and bold hamdess the porringer and my or all of the Purchasers officers, agents and employees form and against my and at claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or progeny to which the Purchaser may be pug or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers. agents or employar. In case my suit or other proceedings shall be brought against the purchaser, or is olfiw.s, agents or employees in my time m account or by reasm of my act, action, neglect. omission or default of the Seller of any of his con[rectors or my of in or their offices, 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 my and all toss, charges, anomrys fees and other expenses, my and all judgments hag may be incurred by or obtained against the Purchaser or my of its or their officers, 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 me Purchaser, or said parties in or as a result o'such saris or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or omemiu. The Seller and his contrmmrs shall take all safety precautions, famish and instal all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Seely and Health Act of 1970 and all rules and regulations issued pursum[ thereto. Revised O72019