HomeMy WebLinkAbout321173 MID-STATES SUPPLY CO INC - PURCHASE ORDER - 9146327Fort 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
9146327 1of3
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: 10/2812014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
r HP 16" Flange 15011b Butterfly
1 LOT LS
Valve, Buna Seat, Cl Body, Cl Disc, 304SS Shaft, Nylaron Bearings, Plain Stem Valve. Paint: 8 mils Epoxy
Interior, Exterior
3 @ $2,678.82/EA
Standardization to fit a Pulsafeeder pump.
8,036.46
2 Kinetrol Pneumatic Actuator.
1 LOT LS 4,281.21
Model 147-100
3 @ $1,427.07/EA
3 Stonel Limit Switch.
1 LOT LS 906.18
Model QN2SP03SDM
3 @ $302.06/EA
4 Labor & Mounting
1 LOT LS 1,500.00
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
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
9146327 2of3
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
(Actuator to Valve)
3 @ $500/EA
Linkage Kit, Operation Function Test included in Labor Cost.
s Freight
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
1 LOT LS
450.00
Total
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. COMMERCDV.DETAILS.
Tax ammytiom. By samm the City of fon Collins is exempl from wale raid local saxa. Our Exemp0 ri Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Cenificote of Registry 84-6000581 is registered with the Colleclm of
Failure of the Purchaser to insist upon shin performance of diamonds and condition berxmf, failure or delay u,
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sharon, 1993, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in rare event of a
breach, the acceptance of., payment for goods hereunder or approval ofthe design, shall not mleue the Seller of
Goods Rejected. GOODS REJECTED due to failure m ..or specifications, either when shipped or due to defer¢ of
any of the wanantin or obligations of this purchase order end shall and be deemed a waiver of any right of the
damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of wnaen
po rbascr in insist upon strict performance heuof or any of ils rights or remedies as to any such goods, regardless
instructions from the City affair Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral mash liwtion or rescission of this purchase order by the Purchaser operate as a waiver of any of the arms
Inspection. GOODS are subpart. the Cily of Pon Collins inspection on m ival,
hereof.
Final Acceptance. Receipt of the merchandise, sacidesor equ formal in rumatow 1. this order canruult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment oa the pan of the City of Can Collins. However, it is m he understood catFINAL
Seller and the Purchaser recognise that in actual ttmis pmctica o ercherges mulling from antitrust
ACCEPTANCE is dependent upon completion of all applicable required inspection procedure.,
violations am in fact home by the Purchaser. Theretofore, for cause and as consideration for excwling this
purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have m hereafter
Freight Tam¢. Shipments must be F.O.B., City of Fort Collins, 700 Wood Sr, Pon Collins, CO 80522, to.
acquired under federal or suite antitrust laws for such overcharge relating to the Particular goods or services
odansise specified an Nis oNer. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purclmre order.
bill most accompany invoice. Additional chorea for lacking will not W actuarial.
Shipment Distance. Whom manufacturers have distributing poiats in various pans of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments am made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, cenificares and licenses required by all
applicable laws, regulations, ordinances and mles of the sluts, municipality, lenirory or political subdivision where
the work is performed, or required by any other duly constituted public outhordy havi ng jurisdiction over the work
of vendor. Seller further agrees to hold the City of pun Collins haro ales from and against all liability and loss
..cured by them by reason of en usened or established violation of any such laws, regulmions, ordinances, rules
and requirements.
Annumbutim, All pvtiu to this contract agree that the representatives ate, in fact, bona fide and possess full and
complete, authority 1. bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the team and conditions salty
herein m forth and any srpplanemary a additional terms end wndnimrs annexed hereto or imorpomred hard. by
reference. Any additional or dlf@rem terms and conditions proposed by w1la me objeered Io and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASFNG AGENT immediately ifyau cantor make complete shipment to drive on your
pro nnsed delivery date as noted. Time is of the ... care. Delivery read performance must br offidi d within the time
nmcd on the purchase oNer and the documents attached hereto. No acts of Ilm producers including, without
lim nation, acceptance of partial Imo del Ivories, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and Imlding the Seller liable for damages. However. the Sella 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 ormeglignmen,
such acts of Gad, acts of civil or military colhomin, govemmenul pnonties, fires, stakes. Rood, epidemics, wars or
riots provided that notice of the conditions naming such delay is given m the Purchaser within five (5) days of the
time when the Seller four arrived knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period amid to the time actually ton by reason of the delay.
3. WARRANTY.
The Sella warraats Out all goods, micln, materials and work covand by this order will conform with applicable
dmwinga, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
performed with the highest dearce of cam and competence in accordance with accepted standards for work of a
miler drame. The Sella agree to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer m incur on account ofthe Sellers breach of warm try. The Seller shall replace, repair or make
good, without cost m the purchaser, any defads or faults nosing within one (1) year or within such longer period of
time us may be prescribed by law or by the terns army applicable waranty provided by the Seller mild the dam of
acceptance of the goods famished hereunder (acceptance not to be unreawnably delayed), mulling from imperfect
or defective work done or materials fumished by the Seller. Accordance or use of goods by the Purchaser shall no,
constitute a waiver army claim under this warmly. Except as otherwise provided in this purchaw order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guamnters, but such liability shall in on, event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCIIAWABILITY OR OF FITNESS FOR PURPOSE, SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes on legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
the Purchaser
may make any changes 1.the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the apdifidnions or drawings, by verbal or ducat change order. If any such
change infects the amount due or the time of performance haeunde, an equitable adjustment shall be made.
6. T ERMINATIONS.
The Purchaser may at any time by wriaen change order, tannionte this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties to to any work or materials then in
pmµresx provided that the Purchaser shall vim M liable for any claims fro anticipated mfirs oa Ne uncompletal
portion of the goods andbr work, for incidental or coscquential damages, and that no such adjustment be made in
favor of the Sella with respat to any goods which are the Sellers standard stock. No such lermirution shall relieve
the Purchaser or the Seller army oftheir obligxdos as to any good delivered hereunder.
1. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most Is, asserted within thins (30) days from the date the change or terrnhation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumished in stric,
compliance with all applicable laws and regulations to which the goods are subject.'I he Seller shall execute and
deliv such documents as maybe mamma! Ire effect or evidence compliance. All laws and regulations required to be
corparaled in agreements of this character are hereby incorporated herein by this reRrence. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages su fred by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither reary shall assign, traosfer, or convey this order, or any monies due or to become due bereander without the
prior won. cogent of the other party.
10. TITLE.
The Seller warrants full, clear and constricted title to the Purchaser for all apartment, materials, and items fmishe l
in performance of this agreement, free and clear of any and all lies, communism, reservations, security interest
encumbrances and claims ofothers.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaan directs the Seller m woad nonconforming or defective goods by a date to be agreed upon by the
Purchase and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
costs associated with such work.
]be Seller shall release the Purchaser end its contractors of any tier from all liability and claims of any nature
nulling from the perfrnanw ofA ch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
diremors, olEcers and employees of such may.
The Sellers conaanual obligations, including warmnty, shall not be deemed to be reduced, in any way, because
such work is Performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or prwess assured by lone, patens, mderwrk
r copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims fir infringement
by reason of the use of such patented design, device. material or process in connecion with the contact, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by mason of such
infringement at any time during the proordlion or after the completion of the work. In caw said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infrngemem and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the rift, to continue using said ......meal or pans, replace Ne same with aubsantially equal but
mainfnnging equipment, or modify it an it becomes mainfringinf.
I S. INSOLVENCY.
If the Seller shall become marked or baNmpt make an assignment for the beach, of auditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may roMwith be canceled by Ne
Purchaser without liability.
16. GOVERNING LAW.
The definition of mates used or the interpretation of the agreement shad the rights of all panin hereunder shall be
cotatmed under and governed by the laws ofthe Seca of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder,
including the services of Sellers Represendative(s), on the premises of others.
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 u of any accident, destruction or injury to the work candor materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and tumpmem arc fumished by others f humiliation or maction by the Seller, the Seller shall receive, unload
stare and handle same at the she and become responsible therefor as though such materials anNm equipment
were being fumished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease bene0m, to its employees employed on or in connection with the work covered by this purchaw order,
andlor to their dependents in accordance with the laws of the state in which the work is to be dune. The Sella
shall also tarty compmhensive general liability including, but rot limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, $500,000 far any
e accident and property damage limit per accident of 5400,000i The Seller shall likewise require his
contractors, finny, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors
employees hall du any work upon the prcmisu of others, the Seller shall fumish the Purchaser with a certificate
that such compensation and insurance have been provided. Such ceNficarms shall specify the date when such
compensation and insurance have been provided Such ceni0catn shall specify the date when such compensation
and insurance expires. The Seller wmsa than such compensation and insurance shall be maintained until a0er the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDEWS AND DAMAGES.
The Seller hereby assume the entire responsibility and liability for any and all damage, has or injury army kind
or rmure whatmever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
r all of the Purchasers mincers, agents and employees from and agnices, any and ell claims, losses, damagea,
charges or expenses, whether direct or indirect. and whether to persons or property 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 nor contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, or its of cos, agents or employees at any time an account or
by reason of any act, action, neglect, omission or default of the Seiler of any of his aontralu rs or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agees to assume the defense therwf and to
defend the same at the Sellers own expense, to pay any and all costs, charges, wamrys fees and other expenses,
any and all judgments the., may be inured by or obtained against the Purchaser or any of its or their amours,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said portion in or as it rout, of such suits or other Proceedings,
the Seller will at and cause the same to be dissolved and discharged by giving band or otherwise. The Seller end
his contractors shall take all safety psttamiom, fumish end install all guard via., for the puventioa of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Ad of 1970 and all rules and regulations issued platinum theme.
Revised 0112014