HomeMy WebLinkAbout111983 MCMASTER-CARR SUPPLY COMPANY - PURCHASE ORDER - 9120026City of
/11�F,�or_t Collins
Date: 01/06/2012
PURCHASE ORDER
PO Number Page
9120026 1 of 3
This number must appear
on all invoices, packing
slips and labels.
Vendor: 111983 Ship To: WATER TREATMENT PLANT #2
MCMASTER-CARR SUPPLY COMPANY CITY OF FORT COLLINS
PO BOX 7690 4316 W LAPORTE AVE
CHICAGO Illinois 60680-7690 FORT COLLINS Colorado 80521
Delivery Date: 01/05/2012 Buyer: ED BONNETTE
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
Ordered
UOM
Unit Price Extended
Price
1 2012 BLANKET PURCHASE ORDER 1 LOT
LS
6,000.00
EQUIPMENT PARTS
FOR EQUIPMENT PARTS
2 FACILITIES SUPPLIES 1 LOT
LS
3,000.00
3 TOOLS & EQUIPMENT 1 LOT
LS
2,500.00
4 ELECTRICAL SUPPLIES 1 LOT
LS
3,000.00
5 SHOP SUPPLIES 1 LOT
LS
3,000.00
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580
Fort Collins, CO 80522-0580
PURCHASE ORDER PO Number Page
Clty. Of 9120026 2 of s
Cottins This number must appear F6r}
,�-,J`-' ` on all invoices, packing
slips and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
Total $17,500.00
UInvoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 3 of 3
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local tuxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84l000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, eider when shipped or due to deflects of
damage in transit, may bo returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fan Collins.
Inspection. GOODS are subject to the City of Fen Culling inspection on oic al.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict perfomance of the terns and conditions hereof, failure or delay to
exercise 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 the design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any 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 ally prior or subsequent default hereunder, tar shall any purpord
oral modification or rescission of this purchase order by the Pumhasor operate as a waiver of any of the rcmu
hereof.
Final Acceptance. Receipt of the merchandise, setviess or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fan Collins Hoverer, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust
ACCEPTANCE is dependent upon completion ofull applicable required inspection proceduresviolations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchuscr uny and all claims it may now have or hcreafcr
Freight Terns. Shipments must be F.O.B., City of Fan Collins, 700 Wood SL, Fort Collins, CO 80522, unless acquired under federal or state ontitmst laws for such overcharges totaling to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge sepumcly, the original Ircight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance Where manufacturers have distributing points in various pans of the country, shipmen is Ifthe Purchaser directs the Scllcr to comet nonconforming or defective goods by a date to be agreed upon by the
capected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, tad the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greater distance. may cause the work to be pedomced by the most expeditious means available to it, and the Seiler shall pay all
, m.nc;ua—i,aM with —h—rh
Permits. Seller shall procure tat sellers sale cost all necessary permits, cenificates and licenses required by all
applicable laws, regulations, ordinances and mks of the state, municipality, territory or political subdivision where
the work is perfumed, or rquircd 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
incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, rules
and rpnocco ns.
Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and posers 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 forth and any supplementary or additional lemur and conditions annexed hereto or incorporated herein by
reference. Any additional or difTetent terns 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 arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance nest be eficcled within it,, time
stated on the purchase order and the documents attached hereto. No acts of the Purchases including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ufplucing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence.
such acts of God, acts ofcivil are military authorities, governmental priorities, fires, strikes, food, 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 Scllcr first recited knowledge thereof: In the event ofany such delay, the date ofdelivery shall be
extended for the period equal to the time actually lust by reason of the delay.
3. WARRANTY.
The Seller wmmnts that all goods, articles, materials and work covered by'this order will confo ran with applicable
drawings, specifications, samples aadlor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree 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 in yr on account ofthe Sellers breach of wamnty. The Seller shall replace, repair or make
good, without cost m the purchaser, any defects or faults arising within one (1) year or within such logger period of
time as may be prescribed by law or by the rcmu ofany applicable warranty provided by the Seller after the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfept
or defective work done or ornerluls furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except us otherwise provided in this purchase aide,, the Scllcrs
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing w'umanties
or guarantees, but such liability shall in no event include loss ofprofis or loss infuse, NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS,
The Purchaser may make changes to legal tans by written change order.
5. CHANGES IN COMMERCIAL TERMS.
'fhc Purchaser may make any changes to the terms, other than legal toms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If uny such
change affects the mnount due or the time of perfomance 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 or all portions office
goads then not shipped, subject to any equitable adjustment between the panics as to any work or materials their in
prurpess provided that the Purhaser shall not be liable for any claims for anticipated pmfirs on the uncompleted
portion of The goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
to%or of the Seiler with respect to any goods which use the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any good's delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustmcm must be asserted within thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller avermns that all good's snld hereunder shall hoc been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and
deliver such documents as may be required to efltst orevidence compliance. All laws and regulations required to be
incorporated in agncenrents of this character are hereby incorporated herein by this reference, The Seller agrees to
indemnify and hold the Purchuscr harmless franc all costs and da cages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller womom full, clemand unrestricted tide to the Putchaaer for all equipment, materials, and items furnished
in performance of this agreement, fro and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of uny tier fmm all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released acid shall extend to the
dic,00 s, officers and encployecs ofsuch pony.
The Shcces contractual obligations, including wwmaoy, shall not be deemed to M reduced, in any way, baause
such w ork is performed or caused to be perfomud 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'clxinur for infringement
by reason of the use of such patented design, device, actuarial or process in connection with the contract, and
shall indcmnify, the Purchaser for any cost, cvperee or dacnage which it may be obliged to pay by mason ofsuch
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
uny pan thereof or the intended use of the goods, is in such suit held to conscious, 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
Pumhacr the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipaaml, or modify it so it becomes noninfringing.
15, INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint u
receiver or trustee for any of the Sellers property or business, this order may fonhwilh be canceled by the
Purchaser without liability.
if. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be
construed under and governed by the laws ofthe State of Culomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represemudve(9k on the premises ofnhers.
17. SELLERS RESPONSIBILITY.
'Fite Seller shall carry tan said work at Scller's own risk until the sans is fully completed and accepted, and shall,
in case of any accident dcatmetion or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense unit to the satisfaction of the Purchase, When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same ut the site and become responsible themfor as though such materials andlor equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the paynient of workers compensation, including occupational
disease benefits, Io its employes employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done The Seller
shall also carry co iprchcnske general liability including, but not limited Io, contractual and automobile public
liability insurance with bodily injury and death limits of al lest S300,000 for ary one person, S500,000 for any
one accident and propeny danage limit 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 contractor
employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser with a ecrtifncae
that such compenwtion and insurance have been pmvided. Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and in ranee expires. The Seller agrees that such compensation and insurance shall be malnrined until after the
entire work is completed and accepted.
19, PROTECTION AGAINS"I ACCIDENTS AND DAMAGES,
The Seller hereby assumes the enact, respmsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work provided for in
this purchase order or in connexion herewith. The Seller will indemnify and hold hannless the Purchaser and any
or all of the Purchase, uficers, agent and employees from and against any and all claims, losses, damages,
charges or expenses, w'hcther direct or indirect and whether to persons or property to which the Purchaser may
be put or subject by mason of uny act, action, neglect emission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors oficers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees al any time on account or
by reason of any act, action, neglect, omission or default of the Seller ofany of his contra mo, or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other espcnscs,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offices,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchuscr, or said panics in or as a result of such suits or ocher procadings,
the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and
his cuntmxo, shall take all safety precautions, furnish and install all guards necessary for the pmrcmion of
accidents, comply with all laws and regulations with regard to safety including, bat without limitation, the
Occupational Safety ad Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 03J2010