HomeMy WebLinkAbout321173 MID-STATES SUPPLY CO INC - PURCHASE ORDER - 9120027PURCHASE ORDER PO Number Page
City ofCollins
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Flirt Col lI n C This number must appear
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slips and labels.
Date: 01/0612012
Vendor: 321173 Ship To:
WATER TREATMENT PLANT #2
MID -STATES SUPPLY CO INC
CITY OF FORT COLLINS
NW6275
4316 W LAPORTE AVE
PO BOX 1450
FORT COLLINS Colorado 80521
MINNEAPOLIS Minnesota 55485-6275
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
15,000.00
MACHINERY & EQUIPMENT PARTS
FOR MACHINERY AND EQUIPMENT PARTS
2 SHOP SUPPLIES 1 LOT
LS
4,000.00
Total $
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 Terms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemptions. By simutc the City of Fort Collins is exempt fmm state and local taxes. Our Except ion Number is 11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, 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 promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods, hereunder or approval ofthe design, shall not release the Seller of
Gads Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the aamrdie5 or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict Performance hcrenforany of its rights or remedies as to any such good, regardless
instructions from the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, not shall any purported
am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. hereof.
Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchaser. Theretofore, for gad cause and as consideration for executing this
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Woad St., Fon Collins. CO 90522. unless icquirLd under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If prnnission is given to prepay freight and charge separately, the original freight pnrchnsed or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is
expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments arc made from greater distance.
Permits. Seller shall practice at sellers sole cast all necessary permits, cenifieates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the 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 Fort Collins harmless from and against all liability and loss
incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances. rules
and requirements.
Authorfration. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and
complete authority no bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set Farb and any supplementary or additional tcmv and conditions annexed hacto or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial lam 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 ofplacing 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 foreseeable which arc beyond its reasonable control and without its, fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars ar
Hats providcd 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 to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good. articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
perfumed with the highest degree of care and competence in accordance with accepted standard for work of a
similar raturc. The Seller agrees to hold the purchaser harmless from any puss, damage or expense which the
Purchaser may mffer or incur an account ofthe Scllcrs breach ofwarranty. The Seller shall replace, repair or make
good, without cost to the purchaser. any defects or faults arising within one (1) year m within such ]anger period of
time as may be prescribed by law or by the tans ofany applicable warranty prodded by the Seller after the date of
acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting face, imperfect
or defective work done ar materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not
constitute a waiver fany claim order 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 wamntics
or guarantees, but such liability shall in no event include loss ofpmfits 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 any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications ar drawings, by verbal m written ehxnge order. If any such
change affects the amount due or the time ofperformanec 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 of the
good then not shipped, subject to any equitable adjustment bawcen the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in
favor of the Seller with respect to any gads which arc the Sellers standard stock, No such temination shall relieve
the Purchaser ar the Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjimmu nt must be asserted within thirty (30) days floor the date the change ar termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished 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 effect ar evidence compliance. All laws and regulations required to be
incorporated in agcements of this character are hereby incorporated herein by this reference The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages 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 svemnis full, dear and arms Inred title to the Purchaser for all equipment materials, and items famished
in perfommce of this agreement, face and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims ofothcrs.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be perfomed by the most expeditious means available to it, and the Seller shall pay all
casts, associated with such work.
The Seller shall release the Purchaser and its contractors of eery tier from 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 and shall extend to the
directors, officers and employees of such pane.
The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, because
such work is performed or caused 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 cap yright 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 Pomhxser for any 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
any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for 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 noninfringing.
15. INSOLVENCY.
If the Seller hall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers pmNny or business. this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation afthe agreement and the rights ofall parties hereundershall be
construed underand gnvcmcd by the laws ofthc State ofColomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Scllcrs Representative(s). on the premises ofothcrs.
17.SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in case of any accident. destruction or injury to the work and/or materials before Seller's Final completion and
acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials
and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being furnished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work elected 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 eompmhensive general liability including, but not limited to, contractual and automobile public
liability insurance with buddy injury and death limit, oral Icast S300.000 for any one person. $500.000 far any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide far such compensation and insurance. Before any ofthe Scllcrs or his contractors
employees shall do any work upon the premises ofothcrs, the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been provided. Such ecnificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall he maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage. In. ar injury ofany kind
or nature whatsoever to persons or properly caused by or resulting from the execution ofthe work provided for in
this purchase onicror in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and cmpinyees from sad against any and all dnims, losses, damages,
charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may
he put or subject by reason of any act 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 the Purchaser. or its officers, agents or employees at any time on account or
by reason of any act aclian, neglect, omission or default of the Seller of any of his contractors or any of its ortheir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcof and to
defend the wore at the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses.
any and all judgments that may be incurred 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 or other lien he placed upon or
obtained against the pmpcny of the Purchaser, or said parties in or as a result of such suits or other 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 guards necessary for the prevention of
accidents, comply with all Imes and regulations with regard to safety including, but without ]initiation, the
Occupational Safety and I Icalth Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 03/2010