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HomeMy WebLinkAbout109969 MCCOY SALES CORPORATION - PURCHASE ORDER - 3215241Fort Collins Date: 01/12/2015 Vendor: 109969 MCCOY SALES CORPORATION PO BOX 270088 LITTLETON CO 80127-0088 PURCHASE ORDER PO Number Page 3215241 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 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 i 2015 Blanket Order Miscellaneous Supplies 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 1 LOT LS 10,000.00 $10,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 91. Federal Excise Tax Exemption CertiGca a of Registry 84-6Wo587 is registered with the Collector of Internal Revenue. Deform, Colorado (Ref, Colorado Revised Summers 1923. Chapter 39-26. 1 Ice (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either "an shipped or due in defects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written instructions from she City of Fon Collins. Inspection. GOODS are subject to the City ofFort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, Services or equipment in estimate to Nis order can result in aushorizd Payment on fire pan of foe City of Four Colliers. However, it is to b, understood Nat FINAL ACCEPTANCE is dependent upon completion of all applicable rryuired inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins. 000 Wood St, Fort Collins, CO 80522. unless mhmwiw specified on Nis order. If pwrim. . is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have disco bming point in various pans of the rvurrny. shipment is expected from foe nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from grafter distance. Permits. Seller shall procure at sellers sole cost all necessary permit, certificates and licenses required by all applicable laws, costumers. ordinances and miss of the sate, mwimpaliry, territory or political subdivision where the work is per armed or required by my other duly constituted public aunomV having jurisdiction over me work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and lass serred by them by reason of an asserted or established violation of my such laws, regulations,an ordinances, tales nit on,fireaments. Authmiaation. All parties to this contract agree that the representatives are, 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 terms and conditions stated herein set form and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or differma 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 in arrive on your promised delivery dare w noted. Time is of the essence. Delivery and perfmmmce must be effected within the time stated on the purchase order and the documents attached here,. No acts of the Purchasers including, without limieaaon, 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 remedies, the option of placing Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a resdt of delays due to causes not reasonably foreseeable which art beyond it reasonable control and without it fault of modigmee, such ant of Cud, acts of civil or military immunities, governmental prionties, Gres, stokes, flood epidemics, wars or noes provided spur notice of me conditions causing such delay is given to the Purchaser within five (5) days of the time whin foe Seller first received knowledge thereof In the event of my such delay, the time of delivery shall be extended for the period equal to the time mmoly lost by reason of the delay. 3. WARRANTY. The Seller warrant dot all goods, articles, materials and work covered by this order will conform with applicable drawings, spaifutions, samples and/or other descriptions given, will be fit for the purposes intended and performed with the highest degree of care and competence in accordance with accepted nmdards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss dam age or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwatranty. The Seller shall replace, repair or make good, without cast in the purchaser, my defects or faults arising within one (1) year or within such longer period of time a may be presented by law or by the terms of my applicable warrmry provided by due Seller after the due of acceptance of the goods famished hereunder (acceptance not be wreasanably delayed), resulting from imp ureat or defective work done or materials furnished by the Seller. Acceptance or use of gods by the Purchaser shall nor constute a waiver of my claim coder this warmnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall emend to a) damages proximately caused by due breach of my of the foregoing warmntiu or guarantees, but such liability shall in no event include loss of prefix or lass of use. NO IMPLIED WARRANTY OR MERCIIANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legd terms by women change order. 5. CHANGES IN COM RCIALTERMS. The Purchaver may make my changes Or foe terms, other than legal terms, including additions to or deletions from me quireationes originally ordered in the specifications or drawings, by verbd or wnnen change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjust men shill be made. 6. TERMINATIONS. The Purchaser may u my time by wnnen change order, terminate this agreement u to my or at portions of the good then not shipped, subject to my espionage arbitrament member foe parties as to my work or materials firm in progress provided that fie Purchaser shill not be liable for my claims for anticipated profits on the wormpleturd ignition of the goods and/or work, for incidmtd or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such lamination shall relieve me Purchaser or the Seller of my of their obligations as to my goods delivered hermnder. 7. CLAIMS FOR ADJUSTMENT. My dam for adjustment must b< asserted within thirty (30) days from foe dam fie change or temrmation is ordered. 8. COMPLIANCE WITH LAW_ The Seller warrants that all goods sold hereunder shot have been produced, sold, delivered and famished in mict compliance with all applicable laws and regulations on which the good are subject The Seller shall execute and deliver such documents u may be required to effect or evidence compliance. All laws and regulations required to be ncurporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees rea indemnify and hold the Purchaser harmless fmm all cost and damages suffered by the Purchaser is a much of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall form, transfer, or convey this order, or my monies due or to became due hereunder without the prior wtiner consent of the other party. 10, TITLE, The Seller women fall, clear and unrestraed mile to the Purchaser for at equipment materials, and items famished in performance of this wrmmenL free and clear of my and ail liens, restrictions. reservations, security interest encumbrances and claims of others. IL NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, boom to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the wmrrmmay or obligations of this purchase order and shall not b, deemed a waver of any right of the purchaser to insist upon stria performance hereof or my of its tights or remedru as to my such goods, regardles of when shipped, received or accepted, as to my prior or mbstyuem default hereunder, nor shall my Imported and modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms herof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and fie Purchaser recogaiae thar in actual econ uric practice, overcharges resulting from antitrust violations are in fact home by the Purchaur. Theretofore, for good cause and m consideration for executing Nis purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hermfier acquired order federal or state mtiuust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If she Purchaser, drreas the Saffron carrier nonconforming or defective goods by a date w be agreed upon by the Purchaser and the Selle, and the Seller thereafter indicates it inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contracwrs of my tier from all liability and clams of my nature resulting from fire performance of such work. This release shall apply even in the event of fadt of negliga m of nu party released and shall extend to the directors, officers and employees of such parry. The Sellers comrazmal obligations, including warranty, shall not be dmmed to be reduced, in my my. because such work is performed or caused to be performed by me Purchase, Ice. PATENTS. Whenever Ne Seller is required force, my design, device, material or process covered by letter, parent, national or mpysight,the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such parmmil design, device, material or process in connection with the contract, 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 thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of sad equipment or pan is enjoined, foe Seller shall, st its own expense and w its aping, either procure for the Purchaser foe right or continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment or modify it o it becomes gNnGngin, 15. INSOLVENCY. If the Seller shall became insolvent or bankmpL make an assignment for the benefit of creciims, appoint a Or manfor my of the Sellers property or business, this order may forthwith be canceled by the Purchaser manor for without liability. 16. GOVERNINGLAW. The definitions of moos used or foe interpretation ofne agreement and the right of ail parses hereunder shell be construed coder and governed by Ne laws of the Stets of Colorado, USA. The following Additional Cautious apply only in areas where the Seller is to pfrmars work hereunder, Including the services of Sellers Representative(s), on the premises of oders- 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask coal foe same is fully completed and accepted, and shill, in eau of any accident destruction or injury , the work and/or mueard, before Sellers final completion and aaepance, complete the work at Sellers own expense and to the unification of the Porringer. When materials and equipment are famished by others for irradiation or erection by fire Seller, the Seller shall receive, soloed, gore and handle same at fine though e site and become responsible therefor as thousuch masends andor equipment were being furnished by foe Seller under foe order. IS. INSURANCE. The Seller shall, at his own expert provide for foe payment of workers conformation, including mompaamul disease bmefit, of its employees employed on or in ....on win foe work covered by this purclrsse order, .Nor , their dependents is accordance win foe laws of me sate in which foe work is or be done. The Seller shill also csny, comprehensive ggeul liability including. but not limited to, contractual and automobile public liability insurance win bodily injury and dean limits of at least E300,000 for my one person, $500,000 for my e accident and property damage limit per accident of 5000.000. The Seller Shall likewise require his contractors, Worry, to provide for such compensation and insurance. Before my of foe Sellers or his contractors employees shall do my work upon foe premies of others, foe Seller shall famish the Purchaser with a certificate that such mmpmeaaon and insurance have been provided. Such cerdfirewas shill specify the date whan such comyertauon and Insurance have been provided. Such cartificates shall specify foe date when such eumpmention and insurance expires. The Seller agrees that such compensation and assurance shall he maintained war after foe .tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability, for my and ail damage, loss or injury of my kind or nature whatsoever to persons or propury tamed by or resulting from the execution of foe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hansom the Purchaser and my or ail of the Purchasers officers, agents and employes from and against my and ail clams, losses, damages, charges or expenses, whether direct or indirect, and whether to perswss or properry to which foe Purchaser may be put or subject by reason of my act, action, neeleaa, omission or defaut on me pan of the Seller, my of his ministers, Or my of the Sellers or contractors officers, agent or employees. In case my suit or other proceedings shill be brought aganst the Purchaser, or its officers, agents or employees at any time g account or by reason of my act, anion, neglect, omission or default of the Seller of any of his comments or my of its or their officers, agents or employees u aforesaid me Seller hereby agrees to assume the defense thermf and to defend the same at the Sellers own expense, w pay my and ail costa, charges a mays fees and other expanses, my and ail judgments that may be incurred by or obtained again. the Purchaser or my of its car their officers, agents or employees in such suits or other proceedings, and in cue judgment or other Jim be precast upon or obtained aganst the property of the Purchaser, or said panes in or u a ought of such suits or other pmceen ings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shill take all safety precautions, famish and instill all guard necessary for the prevention of accidents, comply with at laws and regulation with regard to safety including, but without bmmatmer. the Occupational Safety and Hedth An of 1970 and ail ores and regulations issued pursuant there,. Revised 0712014