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HomeMy WebLinkAbout321173 MID-STATES SUPPLY CO INC - PURCHASE ORDER - 9143804Fort Collins Date: 07/07/2014 PURCHASE ORDER PO Number Page 9143804 1 of 2 This number must appear on all invoices, packing sli s and labels. 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: 07/07/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 6" Actuated Plug Valve 1 LOT LS 9,137.65 Per Quote Number 7045414-0000-07; Dated 06/24/2014 Email PO to Scott Dennis at scott.dennis@midstate.com 2 Freight 1 LOT LS 350.00 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:purchasing@fcgov.com 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificaze of Registry 84-6000581 is registered with the Cathodic, of Failure of the Pu¢haser to insist upon strict perfamomes of the from, and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 Fq) exercise any rights or mnedies provided herein or by law, failure to promptly notify the Seller in 'he eve. of s breach, the acceptance ofor payment far ..ud hereunder or approval afthe design, shall not release the Seller of Goods Rejected. GOODS RE)ECTED due to failure to meet specifications, either when shipped or due to defects of a, of the warranties Or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in wmlt may be returned to you for credit and are not to he replaced except upon receipt of wdnen purchaser to imis, upon same parmorance hereof or any of its rights or remedies as to any such goods, re,ardless instructions from the City of Fort Collim. of when shipped, received or accepted, as to any prior or subsequent default hereunder, am shall any purported ors] modification or rescission of this purchase order by the Nachman o,emm as a waiver of any of the mom Inspection. GOODS are subjent to the City of Fort Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise, smite or equipment in response to this order can real, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fail Collins. However, it u to be understood that FINAL Seller cad the Purchaser recognize that in actual mommie muctim. overcharges rending from antitrust ACCEPTANCE is depende. upon complerion of all applicable requited impaefion procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and ss consideration for executing this purchase order. the Seller hereby assigns to the purchaser any and all claims it nay now have or hereafter Freight Terms. Shipments must be T.OB., City of Tom Collins, 700 Wood Sr., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bit l now, accompany invoice. Additional charges far packing will nor be azcepred. Shipment Distance. Where manufxwrers have distributing points in comons, pans of the country, shipment is expected from the nearest distribution paint to destimmon, and excess freight will be deducted from Invoice whm shipments are made firm greater distance. acquired under federal or state antitrust laws for such overcharges relating in the particular goods or services purchased or acquired by the Purchaser pursuonf to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser Onions the Seller to correct nonconforming of defective goads by a date to be agreed upon by the purchaser and the Seller, and the Seller thereafter indicates its mutiny or unwillingness 0 comply. the Purchaser may cause the work to be performed by 0re mom expedition means available to it and the Seller shall pay all costs associated with such work. Pmnits. Seller shall pmoure at sellers sole cost all necessary permits, certificates and has. required by all applicable laws, regulations, ordimnces and rules of tM .ram, mwicipaliry, lcrimry or political subdivision where the work is performed, or requlrcd by any other duly constituted public authority having jurisdiction over the work ol'vendin. Seller further agrees to hold the City of Fart Collins bmmless fmm and against all liability and loss incurred by them by maven of tin ...mien or established violation of any such laws, regulations, armatures, rules and requirements. Authorization. All parties to this contract agree that the reprexntelives are, in but, bona file and possem full and complete ammid, to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance ,a ,he coma end conditions sated hcrrin set forth and any supplementary or additional mots and condition annexed hereto or incorporated herein by reference. Any additional or different mom and con htions proposed by seller are objected to and hereby refaced. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou carnal make complete shipment to some w your promised delivery data as amen. Time is ofthe essence. Delivery and performance must be effected within the time sbnal on the purchase order and the documents attached here, No acts of the Purchasers including, without limitation, acceptance of panful lam deliveries, shall operate ns a waiver of this provision. In the event of tiny delay, ,he Pumhmer shall have, in addition as other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays due to causes rot reasonably foreseeable which are beyond its reasonable.1.1 and without its fault ofnegligcoce, such eats of God, acts ofciS,l or military atnbonies, gor.ental pnorm".fires, strikes, Bond, epidemics, wars or Was provided that notice of dae conditions causing such delay is given to the Purchaser within five (5) days of the eare when the Seller firs, received knowledge thereof. In the everd of coy such delay, the data of delivery shall be extended fcar the period<gon] to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sell,, warrants that all goods, articles, materials and work covered by this offer will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standard for work of a similar velure. The Seller agrees to hold the purchaser harmless from my lass, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of w marry. The Seller still replace, opera or make good, without cost to the pumhrse, any de@de or faults arising within one (I) year or within such longer period of time.. may be mrsombel by law or by the on. of coy applicable waranty provided by the Seller after the dare of acceptance of the goods f fished hereunder (acceptance Out to be wareamwbly delayed), resulting from impaffect or defective work done or materials finumbed by the Seller . Acceptance or use of good by the Purchaser shall not constia e a waiver of any claim under this watmnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my 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 trots by cam en change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser nay make any changes I. the temp, other than legal lento, including additions to or deletions from the quantities annually ordered in the specifications or drawings, by verbal or w'riaen change order. If any such change ofecu theamour, due or the time ofperformwce hereunder, an yaitabl, dj.,.tshall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, mratinam this agreement as to any or all portions of the ,nod then not shipped, inflect o any equitable adjutment between the ponies. ro any work or materials then in ,,.am. provided ,bar the Purchaser shall not be liable for any claims far wticipmed pmfia oa the uncompleted Random of the goods anllor work, for incidents[ or consequential damages, and bat no such adjustment be made in favor of the Seller with respect many goods which are the Sellers smndard stock. No such mrmirmtion shall relieve Una Purchaser or the Seller of any oftheir obligations as to any goats delivered I rounder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mnsl be asserted within dairy, (30) days from the dare the change ar mmtination is colored. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in smct compliance with all applicable laws and regulafions to which the good are subject The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be incorpomtd in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm of 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 cony Ws ader, or coy monies due or to become due herewder without the prior wrinen Co.., ofthe other, parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all firm, resuichans, reservations, accuracy interest encumbrances and claims of others. The Seller shall release the Purchaser and its contracrom of any tier from all liability and claims of any nature resulting from the performance of such 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 pray. The Seller's contmetual obligatime, including womanly, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purtha . 14. PATENTS. Whenever the Seller is required to use any design, deice, mmeral or prom. covered by line,, parent, trademark or copyright the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by re n of the we of such pat mmul design, device, material or process in cowecdon with the contract and shall indemnify the Purchaser for any cost, expense in damage which it may be obliged to pay by reason of such infringement at any time during the praseculion or site, the completion of the work. In case said equipment, or any pun thereof or the intended use of the goods, is in such suit held to constitute who, mend 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 some with substantially equal but nodalNngin,equipment, or modify it an it becomes nw ditmRng. 15. INSOLVENCY. If the Seller shall become insolvent or booki make an assignment for the benefit of candoors, appoint is receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the purchase, without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the lax, ofthe Safe of Colorado, USA, The fallowing Addidowl Conditions apply only in cases when the Seller Is to perform work hertwder, including the services ofSelim Repreuntative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall corn net said work at Sellers owns risk wft the same is fully emnplaed and accepted, and shall, in case of any accident detraction or injury as the work ardor materials before Seller's Rod completion and accep., complete the work at Sri)&, own expense stand,. the satisfaction of the Purchaser. WTen materials and equipment on, famished by others far instalitum. or erection by dte Seller, the Seller shall massive, unload, more and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including compaiowl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, ,Nor to their dependents in accordance with the laws of thy, state in which the work is to be done. The Seller shall also carry comprehensive gerund liability including. and cat limited on, eoneraeoual and automobile public liability, insumoce with bodily turn, and Jamb limits of at least S300,000 f any one person. SSOOuOOu for any one accident and property damage limit per accdent of 5400,000. The Seller shall likewise ryuite his eonnaetms, if mry. to pmv;da for such mamma nion and insurance. Before my eftbe Sellers m his contractors employees shall do coy work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided Such certificates shall specify the dam when such comp, ... it.. and insurance have been pmvidul. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and semptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hertby assumes the entire responsibility and liability for any end all damage, lass or injury of any kind or rater, ,Ova x,e an p, mm or imperry caused by or resulting fmm the execution office work provided for in this purchase order or in wwectmn herewith. The Seller will indemnify mk hold harmless the Purcbmer and any cr all of dam Purchasers oRcrrs, agents and employees from and egaimt any and all claims, lose, damages, harges or expenses, whether direct or indirect, and whether to persons or pmpeny in 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 or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against he Purchase, or its officers, agents or employees at any time on account or by reason of any act action, calla.. omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the more in the Sellers own expense, to pay any and ail costs, charges, mmmeys few and offer expenses, any mad .II judgments Chad may be incurred by or chummad against the Pumhsser or coy of its or far'v oRcers, agents or employees in such suits or other proceedings, and in tau judgment or other lien be placed upon or Obtained against the property of the Purchaser, or said parties la or m a result of such suits or other prattedmil e, the S, let 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. fumlsb 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 rules and regulations issud pursuant thereto. Revised 03R010