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HomeMy WebLinkAbout106443 AMERICAN CASTING & MFG CORPORATION - PURCHASE ORDER - 3215168PURCHASE ORDER PO Number Page City of PURCHASE 3215168 ' of z ' `t ( oltins on all invoices, must appear ` v ` �7 on all invoices, packing �slips;nd labels. Date: 0111212015 Vendor: 106443 Ship To: WATER UTILITIES AMERICAN CASTING & MFG CORPORATION CITY OF FORT COLLINS 51 COMMERCIAL ST 700 WOOD ST PLAINVIEW NY 11803-2401 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 2015 Blanket Order Utilities 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@fogov.com 1 LOT LS 4,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rm Purchase Order Terms and Conditions Page 2 of 2 L COMAMERCIALDETAILS. Tax exemptions. By sound the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON'WAIVER. 98-04502. Federal Excise Tax Exemption Cenif care of Registry 84-6000587 is registered with me Collector of Failure of she Purchaser to insist upon inner performance of the terms and conditions harm( failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmptly notify me Seller in the event of breach, lie acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECTED 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 waver of any right of the damage in vareit may be remmed TO you for credit and are trot to be replaced except upon receipt of wrnen purchaser to insist upon stun performance hermfor any of in ngho or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, is to any prior or subsequent default hereunder, not shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can satol, in I2. ASSIGNMENT OF ANTITRUST CLAIMS. audodmd payment on rise pan of rise City of Fan Collins. However, it is to be undersuaad that FINAL Seller and due Purchaser recognise that in actual co omic practice, overcharges resulting from anim. ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations are m Saar home by rise Purchaser. Theretofore, for good 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 must be F.0 B., Ciry of Fort Collins, 700 Wood Sr., Fan Collins, CO 80522, unless acquired under federal or state motion lam for such overcharges relaring to de proon,dar 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 me Purchaser pursumt to this purchase order. bill most sccomisanv invoice. Additional charees for online will trot be accented. Shipment Distance. Mere manufacturers have distributing points in various pans of the country, shipment is ..period from me nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sale con all necessary permits, Cenif aces and licenses required by all applicable lam, regulations, ordinances and rules of the sore, prom cipahi,, territory or political subdivision where me work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss tied by them by reason of annotifiedws notified or established violation of any such la, regulations, ordlnmces, roles add rNmOrments. Authorisation. All parties to this contract agree pro the representatives are, in foot bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared herein set forth and my supplementary or additional terms and conditions amtexed hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller we objected to and hereby re,c ed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery date in noted. Time is of the essence. Delivery, and performance most be efected within the time saved on the purchase order and the documents anached hereto. No acu of the Purchasers including, without limitation, acceptance of partial late delitxnes, shall operate w a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages az a result of delays due to causes nor reasonably foreseeable which are beyond its reasonable control and whom its fault of negligence. such arts of God, arcs ofdvll or military a n ontiea govemmmtal pdonties, fires, strikes, flood epidemics, wars or no¢ provided thar nonce of the conditions causing such delay is given to the Purchaser within five (S) days of rife time when the Seller for received knowledge thereof In the event of arty such delay, the data of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANNTY. The Seller warrants that ill goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples torpor other descriptions give, 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 imilar 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 she Sellers breach of vancro . The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the is. of any applicable yo nanry 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 furnished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver of my claim under this warranty. Except as otherwise provided in shin purchase order, the Sellers liability herewder shall extend to At damages proximately mooed by the breach of any of the foregoing warrmties or guarantees, but such liability shill 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other Than legal tents, including additions to or deletions from me quantities originally ordered in the syetificaiors or drawings, by verbal or written change order, If any such change affects the amount due or the time of performance herewder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by comen change order, teranowe this agreement as to any or all ponisof the goods then not shipped, subject to my equitable adjustment between the panics as to soy work or materialsthen in progress provided dal the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted paroon of the goods and/or work, for incidental or wnsriptio ial damages, and that no such adjustment be made in favor of me Seller sod respect to any goods which are the Sellers zundard stock. No such lamination shall relieve the Purchaser or the Seller missing of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be tamed within tim, Gust days from the date d, change or termination a ordered g. COMPLIANCE WITH LAW. The Seller warrants rat all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable lam and regulations to which me goods are subject The Seller shall execute and deliver such documents as maybe required m eRxt or evidence compliance. All laws and regulations required one ncorporated in egoemmts of this character are hereby inwryoated herein by this reference. The Seller agrees 1. indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of die Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, maxi or cone, this order, or any monies due or to become due hereunder without the poor wdnen consent of me other parry. 10. TITLE. The Seller warrants full, clear and umemoted title to the Purchaser for all equipment mamdals, and items famished in performance of this agreement frce and clear of my and ill liens, restrictions, rxmptions, sxuriry interest encumbrances and claims of oilers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to conect noraccom ung or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its Inability or udwillingress so comply, the Purchaser may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all min associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature resulting from the pedmm once of such work. This release shill apply even in the event of Foulr of negligence of de parry released and shill extend to the cluxmrs, officers and employees of sneh party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work Is performed or caused to be performed by the Purchaser. 14. PATENTS. Whmetor me Seller is required to use any design device, material or process covered by Inver, parent trademark r 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 contract and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or my pan thereof or the intended use of the good, is in such suit held to constitute infringement and de use of said equipment or pan is enjoined, the Sells shall, at its own expense and at its option, either procure far 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 nonlnfnnging. 15. INSOLVENCY. If rise Seller shall become insolvent or bankmpt make an assignment for the benefr of « edoem, appoint a rectiver or twice for any of the Sellers property or business, this order may fntru th be canceled by the Purchaser watom liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be consumed under and govemed by the laws of the Spite of Colouda. USA. The following Additional Conditions apply only in owes where the Seller is to perform work hereunder, including the services of Sellers Represenotiva(s), on the premises ofichms IT. SELLERS RESPONSIBILHY. The Seller shall carry on said work in Sellers own nsk m uil the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfamion of the Purchaser. Men materials and equipment are famished by others for Installmon or erection by the Sells, the Seller shall receive, unload, store and handle same ar the site and become responsible therefor as though such materials rubber equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease intend, to its employees employed on or in mmtxtion with the work covered by this purchase order, andOr in their dependents in accordance wilt the laws of rise state in wflich the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability Insurance wtb bodily injury and death limits of n least $1fum for any one person, $500,000 Or any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractom. if any, to provide for such compenswom and insurance. Before any of me Sellers or his Comracmrs employees shall do any work upon the premises of others, the Seller shall fsunish the Purchaser wth a certifeare that such compensation and insurance have been provided. Such certificates shall specify me time when such compensation and insurance haw been provided. Such certificates shall specify the time when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained mail after me entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Set let hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind r namne whanoever 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 Seller will indemnify and bold hamdesr the Purchaser and my or all of the Purchase. officers, now and employees form and against my and all claims, lasses, damages, charges or expenses. whether direct or indirect, and whether to persons or property in which the Purchaser may be put or subject by reason of any cot action, neglect omission or default on the part 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 he Purchaser, or its officers, agents or employees at my time on account or by reason of any an, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees in assume the defense thereof and an defend the same at de Sellers own expense, so pay any and all mats, charges, anamrys fees and other captains, my and all judgments alas may be incurred by or obtained against the Purchaser or my of its or their offers, agents or employees in such suits or other proceedings, and in case judgment or other lion be placed upon or Obtained against the property of the Purchaser. or said parties in or as a result of such suits or other proceedings, the Seller YOU ar mu cause the same to he dissolved and dseharged by giving bond or oherwise. The Seller and his convecmrs shall take all safety precautions, furnish and marall ill guards necessary for me prewation of accidents, comply wth all lam and regulations what regard to safety including, but without limitation, the Occupational Safety and Heald Act of 1970 and all rules and regulations issued punoant denary. Revised 07a014