HomeMy WebLinkAbout321173 MID-STATES SUPPLY CO INC - PURCHASE ORDER - 9146326Fort Collins
Date: 10/29/2014
Vendor: 321173
MID -STATES SUPPLY CO INC
N W6275
PO BOX 1450
MINNEAPOLIS MN 55485-6275
PURCHASE ORDER
PO Number Page
9146326 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER TREATMENT PLANT #2
CITY OF FORT COLLINS
4316 W LAPORTE AVE
FORT COLLINS CO 80521
Delivery Date: 10/28/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i Pulsa Series 680
Flat Diaphragm, Model 680-S-AE
Per Quote #7047766-0000-07; Dated 09/22/14
Standardization to fit a Pulsafeeder pump.
z Freight
1 LOT LS 6,795.12
1 LOT LS 65.00
Pay terms net 30 days
Invoice Address:
12
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
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
1. COMMERCIAL DETAILS.
Tax exempting, By statute the City of Fon Collins is exempt from sate and local taxes. Our Exemption Number is
11. NON WAIVER.
98-O4502. Faecal Excise Tax Exemption Certificate of Registry 84-6000587 is financed win the Collector of
Failure of the Purchmer to insist upon strict performance of the temp end conditions hereof, failure m delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a),
exercise any rights or bamedias provided herein or by law, failure 1n Promptly notify the Sella in the event of a
breach, the acceptance afor payment for goods hereunder or approval ofde design, shall not release the Sella of
Good Rejected. GOODS REJECTED due to failure to mat specifications, either when shipped or due to defects of
any of me wmrantiet or obligations of this puahau coded and shall sot he darned a waiver of any right of the
damage in transit, may be resumed to you for credit and arc m1 1b be replaced except upon receipt of wrinen
Parchum in insist upon spirt performance hereof or any of its rights or mmaier, as to my such good, regardless
interactions from case Ciry of Too Collins.
of whin shipped received or accepted, as b any prior or subsequent default hereunder, nor shall any purponed
oral medi fication or nsaission of this purchase order by the Purchaser operate as a waiver of any of the Imps
Impacting. GOODS are subject to the City of For Collins inspection m arrival.
Mar.
Final Acceptance. Receipt of the merchandise, savior, m equipment in nspome to this order an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on tlrc put of the City of Tom Colima. However, it is to be understood that FINAL
Sella aM the Purchaser woognve that in actual economic practice, overcharges resulting from minicar
ACCEPTANCE is shenanigan upon.om.ledion of all applicable required ma werim procedures.
violations art in fact Nome by the Purchaser. Theretoforefm good come and as mmideation for exmting this
purchase order, Ile Seller hereby assigns to the Purchaser my and all claims it may now have or bereaaer
Freight Temu. Shipments must te F.O.B., City of Fon Collins, 7n0 Wood SL, Fort Collins, CO 80522, unless
acquired under federal m sate antitrust laws far such overcharges relating to the particaar good or services
otherwise specified on this order. If permission is given to prepay f qd, and charge sensately, the original freight
purchased or acquired by the Purchaser, pursuant this purehase order.
bill most accompany invoice. Additional chmgss for Packing will not he acceptor.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have iisvibuling points in vodom pans of the country, shipment is
Ifthe Purchaser dimes the Shcedlocome( nonconforming or defective goods by is dam to he agree upon by the
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness a comply. the Purchased
shipmens me made fmm greater distance.
may muse the work In he performed by the coon expeditious meets available to it, and the Sella shall pay all
costs associated with such work.
Femnia. Seller shut] procure a1 sellers sale cost all narrow, permits, anifiwtes and licenses required by all
applicable laws, regulations, ordinances and roles of the state, municipality, temtery or political subdivision where
The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature
the work is performed, or required by any other duly constimted public authority laving jurisdiction over the work
resulting fmm the performance ofsuch work.
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
curry by than by reason of an asserted or established violation of any such laws, regulations, ordinances, tales
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
and requifemen,
i icamrs, officers end employees ofsuch pang.
Amhorizariun. All inches to this v fruit agree that the representatives are, in fact, bona fide and possess full and
The Seller's antmanal obligations, including wormy, shall not be deems to be reduces, in any way, because
omplem authority to bind said panics.
etch work is pee gamed ar amused to be performed by the Purchaser.
LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terra and conditions slated
herein set forth and any supplementary or additional tans and renditions annexed bacto or incorporated herein by
reference. Any Wi itiunnl or difibrcnt gems and emoldims proposed by alder are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment a active on your
Promised delivery d te as noted. Time is of me essence. Delivery and performance most be effected within the time
stated an the purcmse order and the dauments atached hereto. No acts of the pumhasers including, without
Emitting, acceptance of Wnial late deliveries, shall operate as a waiver alibis provision. In the event ofany 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. I loucva, the Seller shall not be, liable far damages as a .1, of delays
due to causes not reesenably faresccable which are beyond is reasonable consul and without its fault of negligence,
such acts ofGod, acts ofeivil or military mummies, governrornml prioriries,fires, saikes, 0ood, 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 Sella first received knowledge thence!. In the runt of any such delay, the date of delivery shall be
exrada for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warnings that all good, articles, maermis and work mvaa by this order will conform win applicable
drawings, spaifiregions, samples and/or other descriptions given, will he fit for the prupasss inteaed, and
Factional with de highest degree of rare and competence in accondance win accepted standards for work of a
'milm mhee. The Seller agrees to hold the purchaser hmmless form any loss, damage or expense which the
Purchaser may sulRr or urging aeount of ghe Sellers breach of vmranry. The Sella shall replace, repair or make
good, without cost the Purchaser, any deftds or faults arising within one (1) year or within such longer period of
time as may he prescdbs by law or by the gems of my applicable warranty provided by the Seller after the dam of
acaptana of the goads fumisha hereunder (acseplance not to be memorably delayed), resulting from imperfat
or defective work done or materials fumished by the Sella. Acceptance or use of goods by the Pumhasa shall not
constitute is waiver of any claim under this wavanl, Except as otherwise provided th this pugr me, order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wenantias
or gmmmees, but such liability shall in no event include loss of profs or lass 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 rings by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make noy changes m the bergs, other than legal terms, including additions to or deletions from
the quantities originally ordered in the speciticmlons o1 drawings, by verbal a written change order. If any such
change affects the amount due or the tin b of porn nmnnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mmabute this agreemenl m to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the padim as to any work or gmterials men in
pmgm. provided that the Purchaser shall nut be liable for any claims for anticipated profits on the uncompleted
portion of the good andor work, for incidental or consequential damages, and Oat no such adjmtmem be made in
favor of the Seller with respect to any goods which art the Sellers standard stack. No such targimatian shall relieve
the Purchaser a the Seller ofany of their obligations as 1b any good delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Anr claim for mint., mast be msened within mint (30) days from the &te the change a1 ¢mgination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods aid hereunder shall have been produced sold delivered and f isha in sort
compliance with all applicable laws and regulmiom m which the good are subject The Sella shal execute and
deliver such documents as my he mquired to effect or evidence compliance. All laws road regulations required to Ne
incorporated in agmemens of this charmmr are hereby incorporated henein by this befereaa. The Sella agrees to
indemnify and hold the Purchmer harmless fmm of costa and damages suffered by the Purchaser as a result of the
Sellers falum to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, gnimfer, or convey this order, or my monies due or to become due hereunder without the
prior wrinen consent of the other party.
10. TITLE.
The Seller wanants fall, dew a1ad bbltrtsnned tide bids, Purchaser for all Lgrdipmrnt materials, and it. fumisha
in performmce of this egrtaaem, free and clear of my and all liars, restrictions. reservations, secudry interest
encumbrances road claims orchestra.
14. PATENTS.
Whenever the Seller is mr,mo sl to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save homeless the Purchaser from any and all claims for infringement
by reason of the we of such pmrnmd design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cast, 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 ryuipmenL or
my Pon thereof or the intended me of the goad, is in such suit held to constitute inGnge rmin and the use of
said equipment or pan is enjoined, the Seller shall, at its out expense and at its option, either praure for the
Purchaser the right to continue rising said equipment or pans, replace the same with substantially equal but
mainfinging equipment, or modify it m it becomes noninfringing.
15. INSOLVENCY.
If the Seiler shall become Itaolvent or bankrupt make an assignment for the benefit of creditors, appoint a
firsociver err We for any of the Sellers pmtaerry ar bosiness, this oda nay fonhwim be canceled by the
Purchaser, wlthom liability.
16. GOVERNING LAW.
The definitions ortags mud or the interpretation ofthe agreement and the rights trial panics heranda shall be
comwed unclear and govedad by the laws ofthe Marc of Colorado, USA.
The following Additional Conditions apply only in rage, where the Sella is to perform work Ircrtnnda.
including the services of Sellers Repmunmgive(s), on the premises brothers.
IL SELLERS RESPONSIBILITY.
The Seller shall carry an said work at Sellals owed ruk until the same is fully complete and macerated, and shall,
in u or my accident, destruction or injury to the work major materials before Sellers final completion am
eceptance, atrophic the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment arc furnished by others for installation or entering by the Sella, me Seller that words, mlbad,
store and handle same at the site and become responsible merefor as hough such matmas major equipment
sae being famished by the Sella under the order.
18. INSURANCE.
The Seller shall, m1 his own expense, provide for the payment of wa lmr, compensation, including occupational
disease benefits, to its employees employed on or in connection with the work Covered by this purchase oMer,
andor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also way comprehemise General liability including, bug not limited m, contractual and amomobile public
liability insurance with bodily injury and death limits of at least 9M,000 for any one person, 5500,000 for any
accident and property damage limil per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contmdans
employees shall der any work upon the prances of others, the Seller shall nourish the Purchaser with a andimbe
that such compensation and insurance have been provided. Such cmificates shall specify in. date when such
ompensmim and insurance have ban provided. Such certificates shall specify the date when such compensation
and insurance expires The Seller agrees that such compensation and insurance shall be machos until after the
entire work is completed mad accepts.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rtsponsibility and liability for any and all damage, loss or injury crony kind
nature whatsoever to persons or property caused by or resulting from the exewtion of the work provided for in
this purrhas, order of in connection herewith. The Seller will indemnify and bold harmless the Purchaser and my
or all of the Purchasers oRcers, agents and employees from and against soy and all claims, I... damages,
charge or expense, whether direct or hadbat and whither to persons or pmper, to which the Purchaser may
be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers m common officers, agents or employees. In case my suit or other
proceedings shall is, brought against the Pm daces, or its officers, agents or employees at my time on account or
by remain of my act, action, neg ice. omission of default of the Sella of my of his cmlmmors or my of its or
their officers, agents of employers ss afaresaid, the Sella hereby agrees to assume the defense mrnof and to
defend the sub, at the Sellers own expense, to Pay any and of costs, charges, momeys fees and other expenses,
my and all judgmeas that may be incurred by or obtains against the Purchaser W my of its or Neer officers.
agents or employees in such suits or other proceedings, awl a case judgment or other lim be placed upon or
obtained againsl the property cruise Purchaser, an said panic in or is a result of such suits or other proceedings.
the Sella will of ome name the same to he dissolved and dischmaga by giving bond of olberwiu. The Sella and
his contractors shall tax all safety praautiom, famish and imull all guard necesury for the prevention of
accidents, comply with all laws and mgulations with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulators issua pursuant thereto.
Revised 07n014