Loading...
HomeMy WebLinkAbout109969 MCCOY SALES CORPORATION - PURCHASE ORDER - 3214132 (2)PO PURCHASE ORDER 321413er Page City of PURCHASE 3214132 1 of z ' `t Collins Ins This number must appear V ` on all invoices, packing sli s and labels. Date: 09/17/2014 Vendor: 109969 Ship To: WATER UTILITIES MCCOY SALES CORPORATION CITY OF FORT COLLINS PO BOX 270088 700 WOOD ST LITTLETON CO 80127-0088 FORT COLLINS CO 80521 Delivery Date: 09117/2014 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 2 Addendum to add additional 1 LOT LS 5,000.00 funds per req 48100 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 Tennis and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemption. By statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cemfcate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the temu and condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Strum, 1973, Chapter 39-26, 114 (a). examise any rights or remedies provided herein or by law, failure to Promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of be design, shall not elease the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage is transit, may be reNraed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance mariner any wits rights or remedies as to any such goods, regardless instructions from the City effort Collins, of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported am] modification or rescission of this purchase order by me Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Pon Collins inspection on arrival, hereof. Final Acceptance, Ranvier of the merchandise, se or equipmem in respone to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Too Collins. However, n is to be, oadabstud that FINAL Seller and the Purchaser recognize that in actual a is practice, overcharges resulting from amiuust ACCEPTANCE is dependentepon completion ofall applicable required inspection procedures. violations ire in fact home by the Purchaser. Thererofow, far good cause and as consideration for executing this purchase offer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must b, F.O B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antimrst laws for such overcharges relating to the particular goods or services off erwlae specified oa this ceder. If permission is given to prpay freight and charge mproped ,the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must vccompeny invoice. Additional charges for packing will not b, accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pods of the country, shipment is Ifthe Purchaser brccts the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point ro destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work an be perfoomed by the most expedhfm means available to it, and the Seller shall pay .11 costs associated with such work. Perms Seller shall procure at sellers sale cast all necessary permits, candidates and Incenses required by all applicable laws, regulations, whoppers and tales of the slate, municipality, territory 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 tubber agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any aver laws, regulations, ordinances, ml,, requirements. Authorization All parties m this contract agree that the representatives are, in fact, bona fide and possess Poll and complain authority In bind said panics. LIMITATION OF TERMS. This Purchase Offer expressly limits acceptance to the terms and condition stated Retain set forth and any supplementary or additional temts and conditions annexed hereof or 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 ifyou cannot make complete shipment to arrive on your promised delivery dote as noted. Time is ofthe essence, Delivery and performance mil be effected within the time stated on the purchase oNer and the documents attached herela No acts of the Purchasers include.,, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable rv.cdie,, the option ofplarmg this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably fareaxagdo which am beyond its eaonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental pnonties, fires, strikes, Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser 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 for the period equal m the (tame actually lost by reason of the delay. 3. WARRANTY. The Seller w..a that all goods, articles, materials and work covered by this order wdl conform with applicable drawings, modifications, samples enNar other dncdplion given, will Fe ❑t for the proposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a milur nmmn. The Seller agrees to hold the purchaser hmmless fiom any lass, damage or expense which the Purchaser may suffer or incur an arrow of the Sellers breach officiation, The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within avch longer period of time as may be Prescribed by law or by the terms of any applicable company provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchase shall not onstitu e, a waiver of any claim under this warranty. Except as adherents, provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of be fare,., ng warromme or guaramees, but such liability shall in no event include loss of profits 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 ¢rocs by on,. change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may rake any changes ro the [emus, other than legal terms, including additions to or deletions from the quantities originally tiered in the specifications or drawings, by verbal or water change order. If any such change affects the amount due or the time ofperfarmame hereunder, an equitable adjustment shall be made. 6. TERMINATIONS The Purchaser may at any time by written change order, terminate this agreement as to any of all Portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any mark at materials than in progress provided that be Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, fat incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers sandaff stack. No such termination small relieve be Purchaser or the Seller ofany of their obligations as many goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fished in stria compliance with all applicable laws and regulations tr which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character are hereby inempouted herein by this reference. The Seller agrees to indemnify add hold the Purchaser harmless from all vests and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, number, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe ocher patty. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for al I equipment, materials, and items famished in performance of this agreement, fare and dear of any and all Item, restrictions, commences. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pert rmmen of such work. This releme shall apply even in the event of fault of negligence of the party released and shall extend on the directors, onieers and employee, of such party. The Sellers contractual obligations, including warranty, shall not be deemed oo be reduced, in any way, because such work is performed or reused to be performed by the 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 infn'ngemem by reason of the me of such patented design, device, material or process in connection with the wntme. and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at mry time during the prosecution or after the completion of the work. In ease said equipment, or any part thereof or the intended use of the goods, is to 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 pracure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes nonlnfnnglng. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of aedemrs, appoint a Purcor .,no for any of the Sellers property or business, this callmay Rubdowns be canceled by the haser without liability. 16. GOVERNING LAW. The definitions of forms used or the ioteryMation of the agreement and the rights of all parties hereunder shall be, com ,red under and governed by the laws of the Sate of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to pedforen work hereunder, including the services of Sellers Reprexnlative(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's awn risk until the same is Polly completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Sellers fnal completion and acceptance, complete the work at Seller's own expense and to be satisfaction of the Purvhas , When imported, and ecommand are firmished by others far instillation or erection by me Seller the Seller ,hull receive, unload store and handle same vt the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under be order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease to nef, to its employees employed on or in connection with the work covered by this purchase oNer, and/or W their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also Cary comprehensive general Inguhhe including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one Person, $500,000 for any one accident and Property damage Into, per accident of $400,000. 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 do any work upon the premises of others, the Seller shall boards the Purchaser with a certificate that such compensation and insurance have been provided. Such a onficates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the time when such compensation and insurance expires. The Seller agrees that such compensation and insumnee shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby summers the entire responsibility and liability for any and all damage, loss or injury ofany kind or coma whatsoever to persons or property caused by or resulting from the execution refund work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hominess the Purchaser and any cr all of the Purchasers oRcers, agents and employees from -it against any and all claims, lasses, damages, harges or expenses, whether direct or indirect. and whether to persons or property m which Me Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case 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 Seller of my of his contractors or any of its or their olfcors, agents or employees m afaressid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all coons, charges, attorneys fees and oNer expenses. any and all judgments that may be nommed by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment w other lien be placed upon or obtained against the property often Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the stone to be dissolved and discharged by giving bond or othetwese. The Seller and his contractors shall take all safety precautions, f ish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but whhom limitation, me Occupational Safety and Health Act of 1970 and all tales and regulations issued pursuant merem. Revised 07I2014