Loading...
HomeMy WebLinkAbout477903 DANA KEPNER - PURCHASE ORDER - 9150605PO PURCHASE ORDER 915060er Page C117/ of PURCHASE 9150605 t of z `t Collins I„s This number must appear �.I ` 1 1 on all invoices, packing sli s and labels. Date: 0112712015 Vendor: 477903 DANA KEPNER ATTN: MOREY BALINS 700 ALCOTT DENVER CO 80204 Ship To: UTILITY SERVICE CENTER - WA CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/26/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 0645-0312 85 EA 142.0000 12,070.00 20" dia cover for meter box LOCK COVER, METER BOX, FROST PROOF, FOR 20" DIA. BOX WITH 11 1/2" RECESSED LID OPENING & 27132" PENTAHEAD LOCKING BOLT, FORD ELECTRONIC SINGLE HOLE READING LID WITH REMOVABLE PLUG W3-TP: 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exemptions. By stamen the City of Fort Collin¢exempt fromstateaml local taxes. Our Exemption Numher is 11. NONWAIVER. 98-04502. Federal Excise Go, Exemption Cedificate of Registry M-6000582 is registered with the Collect, of filer, of the Purchaser to insist upon He, pefotmance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colombia (ROT. Colorado Revised Statute 1923. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify rate Seller in the event of a breach, the twerper ce ofor payment far goods hereunder or approval ofthe design, sbull not mirme the Seller of Goods Rejected, GOODS REJECTED due to failure a meet specifications, either when shipped or due to defects of my of the animations or obligations of this pureherse, order and shall cot be deemed a waiver of any right of the change in trwes t, may be rttumed to you for craft wall art not to be replaced except upon receipt of wrinen purchaser to imist upon stria performance hcreofor any of its rights or remedies as to any such good, regardless morpro ens form the City OfFort Collins. of when shipped, received or accepted, m to any prior or subsryaenn default hereunder, nor shall my purparted am) modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the team Nuneaton, GOODS art subject to the City of Fact Collins inspection on union. hereof. Final Acceptance. Receipt of the merchandise, services or emipmena in resprow to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorved payment on the pan of the City of Fon Colliru. However, it is to be, understood that FINAL Sella and the Purchaser recognize Oat in reared carrourric porcine overcbmges resulting farm -it-- ACCEPTANCE is dependent upon compleim afall applicable mlu tad inspection promdum. violations art in fact borne by the Purchasr. Thereafore, Or good cans, and as a aidem0an far executing Nis purchase order, the Seller hereby assign Or the Purchaser any and all claims it may craw have or hereafter Freight Temss. Shipments muss be F.O.D.. City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless acquitN under federal or stare antitrust laws fen such membranes relining to the particular good or services otherwis, specified an this order. if pamission is given to prepay freight and charge separately, flue original freight purchased or acquired by the Purchaser pursuma m this parchase,de, bill must accompany imvim. Additional eMnges for packing will Out be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Wham manufacturers have distributing points to var(aa part of the aomry, shipment is ]file Purchase, directs the Seller to correct nonconforming or defective goods by a date to la, agreed upon by the expected form the nearest distribution Point to destination, aW excess freight will be, deducted form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness a comply, the Purchaser shipments art made from Bremer distance. may cause the work to be performed by the mesa expedifious mem,s available to it, not the Seller shall pay all costs usociatcd with such work. Permit. Seller shall procure at sellers sole cast all necesary permits, certifca ,and licenses mammal by all applicable laws, regulations, ordinances and arcs of the seam, municipality, amatory or Political subdivision where the work is perforated, 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 harmless from and against all liability and loss armed by them by reason oI an asserted or established violation of any much laws, regulations, ordinances, ores and requirements. Aumorizmion. All ponies In this commit agree that the repowararves are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits accepance to the terms and conditions staled herein set forth and any supplementary, additional moors and conditions annexed herein or incorporated herein by rcfaerme. Any additional err di fftrenl terns and conditions proposed by wile, are obated to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canoe make complete shipment to arrive an your promised delivery date as noted. Time is of the essence. Delivery and performmce most 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 even of any delay, the Purchaser shall have, in addition to the, legal and ryunable rearaim, the option of flatlug this aide, elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays Jim to causes not reasonably Romanble which art beyond in reasonable cwaml and without its fault of negligence, such acts of God, acts ofcivil or military "pre iums. governmental priorities, fires, str&es, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given a the Purchaser within five (5) days of the lime when the Seller first received knowledge thereof. In the even of any such delay, the dam of delivery shall bar regarded for the period equal to the time wholly lost by reason of the delay. 3. WARRANTY. The Seller watants that all goads, articles. materials vW work coveral by this order will conform with applicable drawings, spaificalions, samples wither ..her descriptions given, will he fit for the paryoses intended, and performed with the highest degree of care and compliance in accordance with accepled swaards for work of is imiLu alre. The Seller agrees to hold the pwaluxcr hmmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sella bench of wamnly. The Seller shill replace, argon, make good, without cost to the purchaser, any defects or faults arising within one (1) year, within such longer period of time m may M pmcribed by law or by the team of my applicable warmly provided by the Seller after the date of acceptance of the gaol famished hereunder (acceptance not to be wmammbly delayed), milting from imperfect or defective work dune or materials famished by the Seller. Acceptance or use of goods by the Purchase shall not ..limit a waiver of any claim under this waramy. Except as otherwise provided in Ws purchase aide, the Sellers liability hereunder shall extend to all damages proxamamly caused by the breach of any of she foregoing warranties or guarantees, but such liability shall in no event include loss of pmfts 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 leans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make may changes to the teens, other than legal tears, including additions to or deletions from the quantities originally ordered in the speci ficmions or comings, by verbal or wrinen change order. If any such change affects the amount due or the time ofpal'om,anoe hereunder, va equitable adjustment shall be made. 6. TERMINATIONS. The Purclover may at any time by written change order, rearmost, this agreement as to any or all poniomn of the goods that not shipped, subject to any equitable adjustment between the ponies as many work at materials then in progress provided then the Purchaser shall not be liable for any claims for anticipated profit on me uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with resistor to my goorm which me the Sellers standard stock. No such mtmincrom shall relive the Purchaser or the Seller of my oftheir obligations m to any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be rumored within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Sella vmrrant that all goods sold herewder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulmimss to which the good are submit. The Sella shall exame and deliver such documents as may be required an effect or evidence compliance. All laws and regulators requited to be incorporated in agreemenu of this character we, hereby incorporated herein by this re(ereace. The Sella agrees to indemnify and hold are Purchssa harmless from all corn and damages suffered by the Purchaser as a result of the, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither piny shall assign uansfer, or convey this order,, any mania due nr a bacon, due hereunder witlwut the prior written cement of the..he, party. 10. TITLE. The Sella wmmnts full, clear mad unrestricted title a the Purchaser for all equipment, materials, and items famished in parforgessinge of this agrearem. free and clear of my and all lieu, restrictions, reservations, sxarit, honest encumbrances and claims ofothers. The Seller shall mlcase the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers sad employees orsuch party. The Seller's continental obligations, including warranty, shall not be deemed to be reduced, in my way, Locative such work is performed a, etused 4, be paE,rmed by the Purchase, 14. PAIEN'I S. 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 sax boneless the Purchaser from any and all claims for infringement by reason of the use of such macned design, device, material or process in connection with the comma, 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 alter the completion Of the work. In case said ryuipment, or any pan thereof or the intended use of the good, is in such suit held to consa m e, infringement and the use of said ryuipment or pan is enjoined, the Seller shall, at as own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same want substantially equal bur naninfdnging equipment, or modify it is, it becomes nonlnfn'nging. 15. INSOLVENCY. If the Seller shall became insolvent or baNtmp, rake an wstgmna,t for the benefit of creditors, appoint a raeiver w saaede, far my of the Sellers proper, or bosiness, this order may forthwith be, canceled by the Famagusta without liability. 16. GOVERNING LAW. The definitions of lams used or rim interpretation of the agreement and the rights of all parties hereutWa shall be constituted under and govcmed by the laws oral, State ofCol..odke, USA. The fallowing Additioal Conditions apply only th rases when the Sella u to perform work hereunder, including rim service of Sellers Representative(s), on the penises ofoN n. 17. SELLERS RESPONSIBILITY. The Seller shall may on said work in Sellers own risk until the scone is fully completed and mwpaed, and shall, in eau of any anciden, destruction or injury to the work author materials before Sellers Gmal completion and acceptance, complete the work at Sella's own expense and to the satisfaction of the Purchaser. When materials and comment are famished by others for installation or erection by the Seller, rate Sella shall receive, =loaL,- •tore and handle same at the site and become raimassible therefor as though such materials mdhor equipment were being famished by the Seller unda the order. IS. INSURANCE. The Seller shall, at his awn expeme, provide for the payment of workers compensation, including Occupational disease benefits, to it employees employed on or in connection with the work coverd by Nis purchase order. and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also cant' comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with hard, injury and death unfit of at least S300,000 for any one person, S500,000 for any one nccicial and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his ventrmara employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insureace have been provided. Such certificates shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation mid insurance expires. The Seller agrees that such compensation and iosamce shall he maintained until once the entire work is completed vad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for any aM all damage, Ices or injury of any kind r mature whomsever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Salle will indemnify and hold hamdess the Purchaser and any r all of the Purchasers officers, agents and employees form and operator my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be pm Or subject by reason of my act, action, neglect, omission or default on the pad of the Sella, any of his contractors, or any of the Sellers or contactors officers, agents or employees. In case my suit or other proceedings shall be brought againsl the Purchase, or its officers, agents, employees in my time on account or by reason of my act, action, neglect, omission or default of file Seller of my of his emissions s or my of in or their officers, agents , employees as aforesaid, the Seller hereby agrees to assume the defense thereof anal to defend the come at the Sellers own ce,max, to pay any atad all costs, charges, attorneys fees and other expenses, any and all judgments dust may be incurred by at obtained against the Purchaser or my of its or their officers, agents car employees in such suit or other proceedings, earl in rxe judgment or other lien be Placed] upon or Obtained ii,iat the property of the Purchase,, car said parties m or ru a result of such suit, order proceedings, the Seller will at otter case the same to he dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precaution, Boarish and insall all guard necessary for the prevention of accidents, comply with all aws and regulations with regard to safety including, but without limitation, the Occupational Safety aM Health Act of 1970 and all ales and regulations issued p owerm therem. Revised Ogn014