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HomeMy WebLinkAbout321173 MID-STATES SUPPLY CO INC - PURCHASE ORDER - 9120027 (2)PURCHASE ORDER PO Number Page City of 9120027 I of 2 t Collinshis number must appear a V " 1 1 on all invoices, packing slips and labels. Date: 05/23/2012 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 3 ADDENDUM PO #9120027 1 LOT EA 3,000.00 MACHINERY & EQUIPMENT PARTS (REQ 42010) 4 ADDENDUM PO #9120027 1 LOT EA 3,000.00 SHOP SUPPLIES (REQ 42010) c3. oi�a2 � 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email: purchasing@fcgov.com Total Invoice Address: cl City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By stable the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04501, Federal Excise Tax Exemption Certificate of Registry 84-000587 is registered with the Collector of Failure of the Purchnscr to insist upon strict performance of the terms and conditions hereof, fflIum Or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statues 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 ofor payment for gumb hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED 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 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 herenfor any of its rights or remedies as to any such goads, regardless instruction, from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescissioa of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS arc subject to the City of For 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 Tom Collins. Howxvcr, 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 ofall applicable required inspection procedures. violations 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 Purchaser any and all claims it may now have or hcrea Rcr Freight Terms, Shipments must be F.O.H., City of Fon Collins. 700 Wood St., Fort Collins, CO 80522, unless acquiml under federal or state antitrust Imes for such overcharges relating to the panieulnr 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 the Purchaser pursuant to this purchuse order. bill nest 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconfomring or defective funds by a date to be agreed upon by the expected fmm the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to example. the Purchaser shipments arc made fmm greater distance. may cause the work to be perfnrned by the most expeditions means available to it, and the Seller shall pay all costs nssocimcd with such work. Permits. Seller shall prcurc at sellers sole cost all necessary permits, certificates 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. Seiler ranter agrees to hold the City of Fen Collins hamdcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. 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 forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller arc objected round hereby reject"]. a_. 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 he 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 late deliveries, shall operate as a waiver ofthis provision. In the event Orany 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 Seiler shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts rGod, acts ofcivil or military authorities, governmental priorities, rims, strikes, food, epidemics. wars or rioB Provided that notice of the conditions causing such dclav 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 unomms that all gomb. 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 performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any lost damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of waro nty. The Scllcr 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 terms ofany applicablc warranty provided by the Scllcr nfier the date of acceptance of the goods furnished hereunder (acecptanee not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend ro all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall 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 merle by written change one, 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change Order. If any such change affects the amount due or the time ofperfommance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grad then not shipped. subject to any equitable adjustment benseen 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 of the goods and/or work, for incidental or consequential damages, and that no such adinstmcal be made in favor of the Seller with respect to any goods which are the Sellcrs standard stock No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment but be ashcned within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been prduced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the gaud arc subject. The Seiler shall execute and deliver such docaments as may be required to effect or evidence compliance All laws and revelations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder Without the prior urine" consent of the other party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions reservations, security interest encumbrances sad claims archers. The Seller shall release the Purchaser and its contractors of any tier Farm all liability and claims of any nature resulting from the performance nfsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend in the directors, officersand employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way. because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdcss the Purchaser front any and all claims for infringement by reason of the use of .such patented design, dew ice, material or process in connection with the contract, and shall indemnify the Purchaser 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 part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expcmc and at its option, tither procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or tmstce for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Of terns axed or the interpretation ofthc agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellcrs Represcntative(s), on the premises efothcrs. 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 ony 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 imallation or erection by the Seiler. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such muterials and/or equipment were being furnished 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 benefits. to its employees 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 Seiler shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits, of at last Sa00,000 for anv one p"son. S500.000 for any one accident and property damage limit per accident of S400.000. The Seiler shall likewise require his contractors, irony, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchmer.with a certificate that such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance hint been provided. Such cer ifentes shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall be maintained until after the entire ware is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr horeby assumes the entire responsibilityand liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or properry caused by or resulting from the execution ofthe work provided for in this purchase older or in connection herewith. The Sellerwill indemnify and hold harmless the Purchnscr and any or all of the Purchasers offrem, agents and employees room and against nny and all claims, losses. damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason crony net, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees_ In ease any suit or other proceedings shall be brought against the Purchaser, or its offccis, agents or employees at any time on account or by reason of any act action, neglect, omission or default of the Seller crony Of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thcrcnf and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be inrnncd by or obtained against the Purchaser or any of its or their Officers, agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result nfsuch suits or other proceedings, the Seller will at nice cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards 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 1970 and all macs and regulations issued pursuant thcmto. Revised 0312010