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HomeMy WebLinkAbout321173 MID-STATES SUPPLY CO INC - PURCHASE ORDER - 9140476PO PURCHASE ORDER 914047er Page C117/ of PURCHASE 9140476 1 of 3 ' `tCollins This number must appear ` on all invoices, packing sli s and labels. Date: 11/07/2014 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 CO 80521 MINNEAPOLIS MN 55485-6275 Delivery Date: 01/16/2014 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 Ordered UOM Unit Price Extended Price t 2014 BLANKET PURCHASE ORDER 1 LOT LS 16,500.00 FOR MAINTENANCE EQUIPMENT PARTS. z SHOP SUPPLIES 1 LOT LS 5,000.00 3 Equipment parts 1 LOT EA 1,300.00 4 Electrical parts 1 LOT EA 3,000.00 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:purchasinga@fcgov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER PO Number Page 9140476 2o13 This number must appear on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDETAILS. Tax exemption. By stature the City of Port Collins is exempt from sure and local mats. Our recreation Norther is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6W0589 is register, with the Collector of Failure of the Parchazm to insist upon strict penhomtan y of she mons and conditions Junior, failure or delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). a use any rights or remedies provided herein or by law, failure to promptly notify line Seller in the, event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release rise Seller of Gann Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of say of the wmrrannew or obligations of this purchase oMer and shall not be deemed a waiver of any right of the damage in tonsil, may be returned ro you for credit and are not to be replaced except upon receipt of written purchaser to iaist upon shin Performance hereof or any of in rights or remedies as to any such goods, regardless instructions from the City affront Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the mcrchandiee, services or Inuip.t in .,am to this oMer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. outbound payment on the Not of the City of Fort Collins. However, it is m be understood that FINAL Seller and the Purchaser mayarm that in actual economic mr, ice, tAmbrrgal retailing fore antitrust ACCEPTANCE is dependent upon completion of all applicable cermired impeclion procedure. violations arc in fact home by the Purchaser. Them rfore, for good cause and as consideration for executing this purchase oMer, the Seller hereby waigtss to ore Purchaser any a, all claims it may now have or hereatten Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wand St., Fort Collim, CO 80522, unless acquired under fedecal or sure antitrust laws for such overcharges relating to the particular goods or semces otherwise specifn, On Nis oMer. If permission is given to prepay freight and change separately, the anginal freight purchased or acquired by the Purtham pursuant to this purchase order. bill must accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various Pans of the country, shipment is expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from %mmer distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cefifeenew and licenses required by sll applicable laws, regulations, mdinancal and rules ofthe rule, municipality, onrimry or political subdivision where the work is performed, or required by any other duly constituted public authority havingjumalinion over the work If vendor. Seller further agrees m hold the City of Fog Collins hamlet from and against all liability and loss incurred by them by reason ofan asserted or established violation army such laws, mi, latimvs, ordinations, rules and requirements. Amhonvuon. All parties to this contract agree that The represmmfives are, in focl, born Fide a, possess full a, complete sathonry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sorted herein sat forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different morns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLHASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to a rive on your promised delivery dale as noted. Time is of the essence. Delivery and performance must be effected within the time staled on the purchase order and the documents attached hereto. No Is of the Purchasers including, without intimater, acceptance ofpanial lase daliveries. Shall operate as a waiver athis provision. In the event Of any delay, the Purchaser, sball have, in addition ro other legal and Incurable remedies, the option of placing this order elsewbere .M holding the Seller liable for damages. However, the Seller shall not be liable for damage n areal, of delays due to comes nut reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts Of God, acts ofcivil or military territorial, governmental pain tiq fires. strikes, flood, epidemics, riots provided their roue, of the conditions caning such delay ¢given m the Fornicate, within five (5) days of the time when the Seller first received knowledge thermf. In the Instal of any such delay, the date of delivery shall be extended for the period In.I m %e time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this oMer will conform with applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and perfomed with the highest degree of care and competence in accordance with accepted sundrd for work of a similar nature. The Seller ogees to hold the purchaser hmmles form any loss, damage or exam, which the Purchaser may suffer or mean on account of the Sellers breach of wamry. The Seiler 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 lime as may be prescribed by law or by the it. of any applicable wantenty provided by the Seller ,Run the dam of acceptance of the goods furnish, hereunder (acceptance not to be unreasonably delayed), resulting from impiarlinat or defective work time or materials fca shd) by de, Seller. Arcepance, or use of good by the Purchaser shall not oatime a waiver army claim under this warranty. Except as odmrwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnries or go lsomes, but such liability shall in no event include loss ofprofs 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 Ire legal menu by written change order. 5. CIIANGES IN COMMERCIAL TERMS. Ile Purchaser may make any changes to the tams, other than legal return, including additions to or del,Ons form the rotation originally ordered in the sped nations or drawings, by verbal or written change order. If any such change affects the amount due or the time of,t rfomame hereunder, an equitable adjustment shall W made. 6. TERMINATIONS. The Purchaser may at any time by xriam change order, terminate this agreement as to any or all portion of the good then not shipped, subject to any equitable adjustment between the parties in to any work or materials then in ,regress provided in., the Pumhaser shall not be liable far any claims for anticipated profits on the uncompleted portion of the grads andlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect o any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftbeir obligations a to any goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller watrann that all 6oud sold hereunder shall have been produced, sold, delivered and f fished in sold compliance with all applicable Hws and regulations to which the goods art subject. The Seller shall execum cord deliver such documents as may be rInuired to,Red or evidence compliance. All kvxs and regulation respond b be incorporated in agreements of this chometer am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser Front from all costs and damages suffered by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither prey shall assign heafer, or convey this order, or any monies due or to became due hereunder without the prior written consent cribs other party. 10. TITLE. The Seller warrants full, dam end unrestricted title to Ne Purchaser for all equipment, materials, and items famished in Mr..., of this agreement, free and clear of any and all lien, remidioa, reservations, mainly interest encumbrances e, claims ofothers. 13. PURCHASERS PERFORMANCE OP SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coned nonconforming or defective goods by is dam m be agreed upon by the Purchaser and the Sell,, and the Seller founder indicates in inability or unwillingness to comply. me Purchaser may cause the ..,it 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 had its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This .1. shall apply even in the event of fault of negligence of the party released end shall extend to the directors, officers and employees of such patsy. The Sellers contrazml obligations, including wmranty, shall nor be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. tM eneer, the Seller is required to use any design device, remend or process covered by letter, paten,. trademark or copyngh,. the Seller shall indemnify and save harmless the Purchaser fore any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the wrtmet, and shall indemnify, the Proud ore for any cost, expense or damage which it may be obligedl to pay by reason ofsuch 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 goads, is in such suit held to consrina, infringement and the all of said equipment or pan is enjoined, the Seller shall, at its also expense and at its option, either procure f the Purchaser the eight to continue using said equipment or pans, replace the same with substantially rapid but tmninfringing Inuipmenr, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigmreent far the bane, of cr dimrs, appoint it mciver or mince for any of the Sellers property, or hotness, this order may forthwith he canceled by fine franchises without liability. 16. GOVERNING LAW. The definitions of teats and or the interpretation of the agreement and the fights of at I panics hereunder shall be contained under and govemed by Ne laws of the State ofColarad, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenmtive(s), on the premises ofolhers. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and coupled, and shall, in we of any accident, destruction or injury to the work and/or nmtermE before Sellers fal completion and acceptance, complete the work at Sellers own experese and to the satisfaction of the Purchaser. When materials and equipment are fumish, by others for installation or erection by rbe Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor a though such mmefials andsor equipment were being fumish, 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 Seller shall also carry comprehensive general liability including, but not limited to. contmetual and automobile public liability insurance with bodily injury end death limits of m It $300,000 far any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his commerm , if any, to provide for such compensation and irssurance. Before any of the Sellers or his connazmrs employees shall do any work upon the premises of others, the Seller shall burnish line Purchaser with a cenifiesce that such compensation and insurance have been provided Such care ficaral 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 affects that such compensation and insurance shall be maintained hard after the entire work is templet, and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass ores the entire responsibility and liability for any and all damage, lass or injury army kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold Wireless the Purchaser and any r all of the Purchasers officers, agents and employees from and againt any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether ro Persons or property to which Ne Purchaser may be par or subject by reason of any ad, anion, neglect omission or default on the part of the Seller, any of his contractors, or my of the Sellers or contractors aRce¢, agents or employees. In rase any mit or other proceedings shall be brought against the Purchaser, or its officers, .gems ter employees at any Yore on account or by reamn of my act, action, ncglcc , omission or default of line Seller of my of has contractors or any of its or their officers, agents or employees as aforesaid. the Seller hereby, agrta to assume the defense thereof and to defend the same at the Sellers awn expene, to pay my said all rests, changes, attorneys fats and often expenses, any and all judgments that may be imurred by or Obtained against the Purchaser or any or its or their oRcers, agents or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the pfoperry of the Purchase, or said parties in or as a It of such suit 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, fumish and iamll all guards necessary for Ne prevmtien of accidents, comply with all laws and regulations with regard on safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursue[ thereto. Revised 07n014