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HomeMy WebLinkAbout106443 AMERICAN CASTING & MFG CORPORATION - PURCHASE ORDER - 3212325City of F,.6rt Collins Date: 02/0212012 PURCHASE ORDER Vendor: 106443 AMERICAN CASTING & MFG CORPORATION 51 COMMERCIAL ST PLAINVIEW New York 11803-2401 PO Number Page 3212325 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 02/01/2012 Buyer: OPAL DICK 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 2012 Blanket Order Utilities 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Taz exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Oar Exemption Number is 95-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000557 is registered .with the Collector of Inicmal Reecaue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 34 26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit. may be returned to you for credit and am not to be replaced except upon receipt of wrinen instructions form the Citv of Fnn Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival 11. NONWAIVER. Failure Of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or dclav to exercise any rights or mmedies provided herein Or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofihc design. shall not release the Seller of any of the womntics or obligations of this purchase order and .shall not he deemed a waixcr ofany right of the Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted. as to any prior or subsequent default hereunder, not shall any purported ont modifieatinn or resei¢ian of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance Reccipt 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 Fort Collins. However, it is to be undemood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrost ACCEPTANCE is dependent upon completion ofall applicable required inspection peocedures. violations arc in fact bome by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments must be F.O.H., City of Fan Collins. 700 Wood St.. Fort Collins. CO 80522. unless acquired under federal or .state untitmst laws for such Overcharges relating to the particular goods or services otherwise specified on this order. If peran ion is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser peravont In this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuflcturcrs have distributing points in various pans of the country, shipment is Ifthe Purchoscrdirccts the Seller tocinect oonconfrmingordefectiacgnod byes date tube agreed upon by the expected fmm the marest distribution paint to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Scllcr thcreancr indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm greater distance. may cause the mark to be performed by the most expeditious means available to it, and the Seller shall pav all costs nssaaimed with such vanrk. Permits. Seller shall pmcurc at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, tenitore or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work Of vcodor. Seller further agrees to hold the City of Fort Collins harmless farm, and against all liability and Ins, incurred by them by moson of as asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or di Rercnt terms and conditions proposed by seller are objected to and hereby rejected. 2. DFI.I V FRY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on ,your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the Purchase order and the documents attached hereto. No act of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. However. the Scllcr shall not be liable for damages as a result of delay, due to eau es not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligenec. such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes Hood, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) day, of the 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 actually lost by reason ofthc delay. 3. WARRANTY. The Seller wamnts that all good, articles. materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest dcgrce of cam 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 Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace. repair fir make good. without coat to the Purchaser, any defects or faults arising within one (1) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), rewh ing Tom imperfect or defective work done Or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as othcrwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing mammies or guamntces. but such liabilityshall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MFRCHANTABILITY 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 toms. other than legal terms, including additions to or deletions town the quantities originally ordered in the specifications or drawings, by verbal or wrinen change order. If any such change affects the amount due or the time of perfomtanee hereunder, an equitable adjustment shall he madc. 6. TERMINATIONS. The Purchaser moy at any time by written change order, terminate this ogreemcat as to any or all portions of the goods then not shipped, subject to 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 parities on the uncompleted pOnion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stuck. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any goons delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days Form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents a, may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this mferenec. The Seiler agrees to indemnify and hold the Purchaser hamlets Farm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent of the other party. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser for all equipment. materials, and items famished in perfamtance of this agreement fine, and clear of any and all fiens, restrictions, reservations, security interest encumbrances and claims fothers. The Seller shall release the Purchaser and it, contractors of any tier from all liability and claims of any nature resulting Two the performance ofsuch work. This release shall apply even in the event of fault of negligence of party released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including wnmmty, shall not he deemed to be reduced, in any may, because such work is performed or caused In be perfoencd by the Purchaser. 14. PATENTS. Whenever the Sclicr is mquimd to use any design device, material or process covered by letter, intent, trademark or copyright, the Seller shall indemnify snit 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, nod shall indemnify the Purchaser fir any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the proscculion or after the completion of the work. In case said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent ar bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperry or business this order may forthwith be canceled by the Purchaser without Iiahilirv. 16. GOVERNING LAW, The definition, oftems used Or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed undo and governed by the laws if the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the sen'ices ofSellers Rcpresenmtivc(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the same is fully completed and accepted, and shall. in case, of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's am expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seiler. the Seller shall receive unlaad. store and handle some at the site and become respnnsihle therefor as though such materials and/or equipment were being famished by the Seller under the order. I S. INSURANCE:. The Seller shall, at hi, man expense. provide fir the payment of workers compensation, including occupational 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 slate in which the work is to be done The Scllcr shot] also carry comprehensive general liability including. but not limited to, contractual and automohile public liability insurance with bodily injury and death limits of it lest S100,000 for any One person. S500,000 for any one ac cident unit property m daage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall In any work upon the prent iscs of others, the Seller shall Pomish the Purchaser with a certificate that such conmcn,ntion and insurance have been pmvidcd. Such certificates shall specify the date when arch compensation and insurance have been provided. Such cenilicates shall specify the date when such compensation .ad 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 DA MAGFS. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsacvcr to persons or property Caused by or resulting from the execution ofthc work pmvidcd for in this purchase enter or in connection herewith. The Seller will indemnify and hold bounties, the Purchaser and any or all of the Purehomrs oRccrs„agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to person, or property to which the Purchaser more be put at subject by reason of any act, action, neglect, emission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In ease any .suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. action, neglect omission or default of the Seiler of any of his contractors or any of its or their Officers. agents or employees as aforesaid, the Seiler hereby agrees to assume the defense thereof and to defend the same of the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oReen. agents or employees in such suits or other pueeccdings, and in case judgment or other lien he placed upon or obtained against the prepeny ofthe Purchaser. orsaid parties in or as a result of such suits or other preceedings, the Sclicr will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and install all guards necessary for the pmvention of accidents comply with ill laws and regulations with regard to mfcry including. but without limitation, the Occupational Safety and health Act of 1970 and all rates and regulations issued p irsttam thcmic. Revised 0312010