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HomeMy WebLinkAbout321173 MID-STATES SUPPLY CO INC - PURCHASE ORDER - 9143804 (2)Fort Collins Date: 12/22/2014 Vendor: 321173 MID -STATES SUPPLY CO INC N W6275 PO BOX 1450 MINNEAPOLIS MN 55485-6275 PURCHASE ORDERPO 914380er Page 143804 t of z This number must appear on all invoices, packing slips and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 07/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Additional Freight 1 LOT EA ADDED PER J.COUCH EMAIL DATED 12/18/14. -ECB 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.mm 357.50 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 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By Stamm the City of Fon Collins rs aempt from stam and local taxes. Om Exemption Number is 11. NONWAIVER. 98-04503. Federal Excise Tax Exemption Cenilicme of Registry 84-6000587 is registered with be Collector of Failure of the Purthua to insist upon strict Performance of the tame and conditions hereof, failure or delay onners liners[ Revenue, Denver, Colorado (Ref. Colorado Revised Samtes 1913, Chapter 39-36,114 (a), common, my rights or remedies provided herein or by law, fitume 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 Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to demos of any of the wanmies or obligalions of this pmcau order and shall not be deemed a waiver of any right Of the damage in tmreit, may be retuned m you for credit and are not to a replaced except upon receipt of coiner purehwer to inset upon inner performance hereof or any of its rights or remedies u to my such goods, regardless instructions from the City airport Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor wall any purported oral modification or rescission or this purchase order by the Purchaer operate u a waiver of any of the morns Inspection. GOODS am subject to the City of Fan Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services Or equipment in response to this Order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. autlwriced payment on the pan of the City of Fort Collins. However, it is to be understood shot FINAL Seller and the Purchaser recognim but in actual eemomic practice, overcharges restating from antitmst ACCEPTANCE is dependent upon completion of all a,liable rtyuired inspection procedures. violations are in butt home by to Purchases. Thom ofofe, for good cause and as consideration for executing this purchase order, the Sella hereby assigns m the Purchaser any and all claims it may mow have m hereaRer Freight Teen¢. Shipments most be F.O.B., Ciry of Fan Collim, 700 Wood SL, Fort Collins, CO 80533, unless acquired under federal or state antitrust laws for such overcharges Mining m the particular goods or semces 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 purchase order. bill must accompany invoice Addirional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distmce. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purebuer direcs the Seller to cowct mocardorming or defective goods by is date an be agreed upon by the expected from the maral distribution point to destiwtic., and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seller broacher indicates its instability a unwillingness in comply, the Purchaser shipments arc made from greater distance. may cause the work in be per -foamed by be most expedifious me. available an it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordwenca and rates of the store, municipality, territory or Political subdivision where the work is pert ed, or requited by any other duly amounted Public authority having jurisdiction over be work of vendor. Sella further timers to hold be City of Fon Collins hvmless form and against all liability said loss incurred by them by return arm cowered or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization All parties to this contract agree that the repmsentativa we, in fact, bow fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS, This Purchrse Data expressly limits acceptance m the terms mal conditions sated herein set forth and any supplementary or additional corms end conditions annexed hotel. or incorporated herein. by reference. Any additional or different trams and conditions proposed by seller are Objected to and hereby rijected. 1. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try.. aanot make complar shipment to arrive not your promised delivery date u noted. Time is of the essence. Delivery and Performance mast be effected within the time stated on the pmchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay, the Porolumor shall have, in addition mother legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable f damages. Howeveq we Seller shall rent a liable for damages as a result of delays due to waves sot reasermly fotaccable which are beyond its reasonable crowd and without its fault of negligence, such acts ofGod, acts i feivil or military authorities, goverearrntal priorities, fires, strikes, flood, epidemics, wars or nods provided that notice of the conditions causing such delay is given to the Purchases within five (5) &ys of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for be period equal to be time actually lost by reason of the delay. 3. WARRANTY. The Sella Omani ohm all good, articles, errands rand work covered by this order will conform with applicable drawings, specifications, samples and/or other desaipliob given, will be fit for the purposes intended, and performed with the highest degree Of care and competence in accordance with acceprN standards for work of a similar venue. The Seller agrees to hold the purchaser hamless from any lass, damage or axioms, which the Purchaser may supper or Orman account of the Sellers breach of warmmy. The Sella mall replace, repair in make good, without rust to the purcbasen, any defects or faults rising within ore (1) year cr within such longer Faroe of time as may be, prescribed by law a by the mars of any ppliable warranty provided by the Seller after the &te of acceptance of me goods famished hereunder (arcepti nce not to be unreasonably &layedh resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the purchaser shall not cowtimm a waiver of any claim under this warranty. Except u otherwise provided in this purchase order, the Sellers liability hereunder wall extend to all damages proximately caused by the breach of my of the foregoing warmvfrs or guuautees, but such liability shall in an 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 rams by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes Or the tams, other then legal rams, including additiow on or deletion form the quantities originally ordered in the specifications or drawings, by verbal or women change order If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6.TERMINATIONS. The Parch s er may at any time by written change order, temiate this agreement as to any of all portions of the goods her rat shipped, subject to my equitable tabro mml anern the parties n m my work or materials men m progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and then nu such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such lamination shall relieve Or Purchaser on the Seller of any ofdmir obligatiano u in my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be anscned within thirty, (30) drys from the dare the change or temination is ordered. 8. COMPLIANCE WITH LAW. The Seller warranty that all goods sold hereander shall have been produced, said, delivered sod famished in strict compliance with all applicable laws and regulations to which me good art subject. The Seller shall execute and &liver such dranna ta as may be required to effect or evidence compliance. All laws and mgulatiort inquired to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and bold the Purchuef handers from all cots and damages suffered by the Purchaser u a result of the Seller failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, Rubber, or convey this order, or any monies due or to become due hereunder without the prior written cobent of the other party. 10. TITLE. The Seller wwwmv fall, clear and mmatricted fide to to Purchaser for all equipment asterisk, and it. fumished in perfommce of this agreement, free and clear of my surd all liens, mennctiow, samerims, security moat encumbrances and claims ofomers. The Seller shall release the Purchaser anal its contractors of any tier form all liability and claims of any —tire resulting from the performance ofsuch work. This relase shall apply even in the event of fault of negligence of the party released and shall extend to me directors, okras and employees ofmdh perry. The Senors contractual obligations, including warranty, shall not be dremed to be reduced, in coy way, borrow such work is performed or caused.. be performed by the Purchaser. 14. PATENTS. Whenever the Sella is mmind to use any design, device, material or process covered by loner, pmrnt trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for innnngernmr by mason of be use of such pummd design, device, material or process in connection with the contract, and will indwrusify the Purchaser for any cast, expense or damage which it may be obliged m pay by reason ofsuch infringement at any time during be persecution or after the completion of to work. In cue said equipment, or any pan thereof or the intended use of the goods, is in such suit held to cowtimte infringement and the use of said equipment or Ran is enjoined, the Seller shall, at its own expense and et its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but impartial equipment, or modify it so it baroness parachuting. 15. INSOLVENCY. If the Seller shall become insolvent or bmlaupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitimrs of moms used or the interpretation order agreement and the rights of all panto hereunder shall be cobwad under and governed by the laws of No State of Colorado. USA. The following Additional Conditions apply only in aces where the Sella is to perform work hereunder, including to services of Sellers Represen a ive(s), on the Premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellers own risk until the saute is fully compined and accepted, said shall, in case of any accident, destruction or injury to the work andor materials before Sellers f 1 completion and acceptance, complete the work at Sellers own expenee and to the satisfaction of be Purchaser. When materials and Opt ipmum are famished by ethers for installation or erection by the Seller, the Seller shall manse, uroad. store and handle same at the site and become respobible therefor as though such materials and/or equipment were being tarnished by the Seller under the codes. 18. INSURANCE. The Seller shall, at has own expense, provides for the payment of worker, compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by bus purcase order, smWor m their dependents in accordance with the lows of the state in which flat work is in he done. The Sella shall also ownry comprehensive general liability including. but not limited sa, contractual and automobile public liability insurance with bodily injury and death limits of at lent S300,000 for any moo person, S500,000 for my one accident and prnpeny damage limit per accident of Sw)OfiOn, The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees wall din my work upon the premises of others, the Seller shall famish she Pumhaser with a certificate but such co owportio, said insurance have been provided. Such certificates shall specify be dare when such compensation and insurance have been provided. Such cenifiasrs shall specify to date when such compewation and fi sumace expires. The Sella agrees but such compensation and ine mace shall be maintained until after the entire work is completed and nominal. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby incomes the mtioe responsibility sod liability for my and and damage, loss or injury army kind or wtore wanoever to persons or property caused by or resulting from the execution of the work provided fro in this purchase order or in connection herewith. no Sella will indemnify sal aid hamless be Purchaser and any r all of be Purchaser officers, agents and employees from and against any and all claims, losses, damages, charges or expewes, whether direct or indirect, and whether to persons or property to which the Purchaser may be put Or subject by reason of my sort, wood, neglect, omission or default on to Port of the Seller, my of has camractors, or my of Ore Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchases, or its officers, agents in employees at my time on mnowt or by reason of any act, action, neglect, omission or default of be Sella of my of his contractors or any of its or their officers, agents or employees u aforeaid, the Seller hereby agrees to usume the defense thereof and to defend the ware at the Sellers own expense, to pay my and all casts, charms, attorneys fees and order expenses, any and all judgments tar may be incurred by in obtained against the Producer Or my of its or their ricers, agents or employees in such suits in other Proceedings, and in case judgment or other lim be placed upon or obtained against the property of the purchaser, or mid parties in or as a result of such suits or other Proceedings, the Seller will at once cause the same to be dissolved and dischamgcd by giving bond or otherwise. The Seller and his contractors shall take all safety precauriob, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard in warely including. but without limitation, the Occupational Safety soul Health Act of 1970 and all owes and regulations issued purslant threret.. Revised 012014