Loading...
HomeMy WebLinkAbout549439 MCFARLAND CASCADE HOLDINGS INC - PURCHASE ORDER - 9150162Fort Collins Date: 01/12/2015 PURCHASE ORDER Vendor: 549439 MCFARLAND CASCADE HOLDINGS INC PO BOX 1496 TACOMA WA 98401 PO Number Page 9150162 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/09/2015 Buyer: PATJOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Ea - 35' Class 4 Western Red 1 LOT LS 1,640.00 Cedar Poles with Penta or CCA butt treatment only 2 2 Ea - 40' Class 4 Western Red 1 LOT LS 1,042.00 Cedar Poles with Penta or CCA butt treatment only 3 2 Ea - 45' Class 4 Western Red 1 LOT LS 1,368.00 Cedar Poles with Penta or CCA butt treatment only 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 and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City ofFort Collins is exempt from sure and lot taxes. Our Exemption Number is I I. NONWAIVER. 98-6t502. Federal Excise Tax Exemption Certitude of Registry, 8b6000587 is registered with the Collector of Fvlum of the Purchaser to insist upon wort perfomwce of the temss and on-lo ns hermf, failure or delay ad Intemal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise my righe or remedies provided herein or by law, failure re promptly notify the Seller in the event of a breach, the acceptance ofar payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifcariom, either Am shipped or due to defecre of my of the wemnde or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may he rew,oed to you for credit and are Out to be replaced encepa upon receipt of wmen Purchaser to insist upon Erich performance hereof or my arias tights or remedies as to my such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder nor shall my puryoned oral modification or rescission of this purchase order by the Purchaser operate ar a waver of any of the team Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. hermf, Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anhonaed payment on the pm of the City of ran Collins. However, it is to be understood thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from mtitrust nfot ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are In fact borne by the Purchaser. Theretofore, goad cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of fort Collins, 400 Wood St, Fort Collins, CO 80522, unless acquired under federal or state mtitmst laws for such overcharges relating to the pmncular good or services otherwise specified on this orcl 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 must accompany invoice. Additional charges for packing will not be accepted. II. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dounbuting points in various parts of the commit, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date in be agreed upon by the expected from the nearest disuibution point to destination, and excess freight will be deducted from Invoice when Puchaser and the Seller, and the Seller thereafler indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all cools associated with wish work. Permits. Seller shall procure at sellers role cost all necessary pwrims. cenificare and licenses required by all applicable laws, re,o atiars, momermces and adds of the On,. municipally, territory or political subdivision where The Seller $all release the Purchaser and its contractors of any tier from all liability and claims of my nature the work is performed, or required by any other duly constituted public authority baying junwiiction over the work resulting from the pedbrmance of such work. of vmdoa Seller further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my melt laws, regulations, ordinance, role This release shall apply even in the event of fault of negligma of the parry released and shall extend to the and requirements, dir<etors, officers and employees wsuch parry. Authoriddion. All ponies to this contract agree that the representative are, in fact Was tide and posses full and The Sellie s contractual obligations, including warranty, shall not be deemed 1p be neducnt in my way, because complete authority to bind said proles such work is performed or caused 10 at pMormed by the Purchase, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed hereto 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 if you cannot make complete shipment to arnee on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No aria of the Purchasers including, without limitation. acceptance of partial late delivence, shall operate as a waver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing Ns order elsewhere and holding the Seller liable for damages. Hoxaea the S<Ilcr shill not be liable for damages e a resW1 of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without da fault of negligence. such acts of Gad. ens of civil or military authorities, governments] promise. fires, strikes, flood, epidemics, warrior dots provided that nonce of due combiwas causing such delay is given to the Purchaser within five (5) days of the time Am the Seller first received knowledge thervaf. In the event of my such delay, the date of delivery shall be extended for the period equal to the time acrually lost by reason of the delay. d. WARRANTY. The Seller warrants that all goods micles, materials and work covered by this order will conform with applicable drawings, specifications, samples andtor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted mandard for work of a similar nature. The Seller agrees to hold the purchaser harmless from my lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad. without cost to the purchaser, my 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 of my applicable warranly provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from Imperfect or defective work done or maddels furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantee, an such liability shall in no event include loss of Drafts at loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERNS. The Purchaser may make changes to legal terms N wrinm change order. 5. CHANGES UNCOMMERCIAL TERNS. The Purchaser may make my changes to the terms, other than legal terms, including additions w or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wnum change order. If any such change offers the amount due or the time ofperformance hereunder. an equitable adjustment shall be made. 6 TERMINATIONS. The Purchaser may in my time by women change order, terminate this agreement as to any or all portions of the good then not shipped, subject to my equitable adjustment between the parties as to my work or manuals then in progress provided that the Purchaser shall not be liable for my claims for mricipamd profits on the uncompleted portion fthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any goods which are the Sellers smndard rock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to my goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asemed within thirty (30) days from the day, the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shill have been produced, sold, delivered and furnished in inner compliance with all applicable laws and regulations to which due lmods are subject. The Seller shall execute and deliver such decummm as may be required in effect or evidence compliance. All laws and reg datiom required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agres to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser ar a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. heifer parry shall assign, treasurer, or convey this order, or my monies due or to became due hereunder without the ,nor written consent 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 performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 14. PATENTS. Whenever the Sella is required to use my 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 mntracl, and shall indemnify the Purchaser for my con, 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 the work. In case said equipment, or my pan theroof or the intended use of the goods, is in such suit held to constitute infringement and den use of said equipment or pan is enjoined the Seller shall, w its own expanse and at its option, either procure for the Purchaer the right to counlrsue using said equipment m pans, replace the same with substantially equal but noninMnging equipment or modify it so it becomes andinBinging. 15, INSOLVENCY. If the Seller shill become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trvstm for my of the Sellers property, or business, this order maM y fowith be canceled by the Purchaser -du m liabilirv. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all lemurs hereunder shall be consumed under and governed by the laws of the Sure of Colorado. USA. The following Additional Conditions apply only in cares where the Seller is to perform work hereunder, including the services of Sellers Represea ddive(s), on the premises crashers IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted and shall, in e of my accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purcharer. When matmals and equipment are fumished by others for imint ation or erection by the Seller, the Seller shall receive, unload, store and handle same ar the site and become responsible therefor as though such materials mdor equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compemarion, including occupational diseare benefits, to its employees employed on or in connection with the work covered by this purchase order. andtor to their dependents in accordance with the laws 9f the state in which the work is to be done. The Seller ,but also carry comprehensive general liability including, but not limited w, corm idmal and anwmobile public liability insurance wads bodily injury and death limits of at lead S100.000 for my one person. $5001" for try one accident and property damage limit Per accident of S100p00. The Seller shall likewise require his if any, to provide for such compmsanon and insurance. Before my of de Sellers or his cohnracmrs employee shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and Lnaumurace have been provided. Such ceref sates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date Am such compensation and insurance expires. The Seller agrees that such compensation and insurance shill be maintained until after the entire work is completed and accepted. 19. PROT ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in cunnwhion herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and aganst any and all claims, losses, damages. charges or expenses, whether direct or indirect and wh<her to persons or property to which the Purchaser may be pm or subject by reason of any act action, neglect omission or default on the part of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In care my suit or other proceedings shall be brought against the Pardoner or its officers, agents or employees in my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contactors or my of its or their officers, agents or employees as aforesaid the Seller hereby agrees an assume the defense therwf and to defend the same in the Sellers own activate, to pay my and all wars, charges, auomrys fees and orbs,, expenses, my and all judgme^ts than may be incurred N or obtained against the Purchaser or my of its or their officers, agents or employees in such same or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of sudh suits or order proceedings the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1990 and all rvles and regulations issued pursuant dserew. Revised 07R014