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HomeMy WebLinkAbout126254 WATER TECHNOLOGY GROUP - PURCHASE ORDER - 9146783Fort Collins Date: 11/20/2014 Vendor: 126254 WATER TECHNOLOGY GROUP PO BOX 411832 - DEPT 100 KANSAS CITY MO 64141-1832 PURCHASE ORDER PO Number Page 9146783 1o12 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: 11/20/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Aurora pump model 641A-BF 1 LOT LS 8,945.00 vertical extended shaft single stage centrifugal pump Size 3X3X9 The pump is bronze fitted and sealed with a stuffing box. Replacement of existing pump SN-87-02142. Per quote #TT14-74; Dated 11/5/2014 Price includes shipping. Email PO to Troy Terrill at tterrill@wtrgroup.com This is for the replacement of a pump that recently quit working at the Water Treatment Plant. The Aurora pump is the only pump that will work in the hole this pump sits in (size wise) and is the same brand as the one it is replacing. Scott got a quote from Midco Supply, who carries the pump and got another from the manufacturer of the pump (Water Technology Group). Unable to find another vendor that carries the pump to get a third quote. 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@fogov.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 0 Page 2 of 2 1. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Pon Collins is exempt man state and [mat nixes. Our Exemption Number is I I. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with tM1e Collector of Failure of the Purchaser ro insist upon strict performance of the tams add mndltloas hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1923, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein an by law, failure to pampas amity the Seller in the commit of a breach, the acceptance of or payment for gouda hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be dxmed a waiver of any right of the damage in transit, may be fNumed to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Call ins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpaned am[ modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the rams Inspection. GOODS are subject m the City of Fan Collis inspection on =rival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in resporse to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. roulariced payment on the Iran of the City of Fort Collins. However, it 6 a be andemaml that FINAL Seller and the Purchaser reassume that in actual economic practice, overcharges resulting fmm antimot ACCEPTANCE is dependent upon completion. fall applicable required inspection procedures. violmions are in fuel home by the Purchaser. Thwremfore, for grand.use and as consideration far estimating this purchase order, the Seller hereby assigns b the Prainaer any and all claims it may now have or hereafter Freight Terms. Shipments most be EO.B., City of Fort Collins, 700 Wad St, Fon Collins, CO 80522, unless acquired under federal or stain antioned laws for such m echages mmiag to the particular goads or services otherwise specified era this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser parmanun this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destiwtim, and esocas freight will be deducted firm Invoice when Forebear and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made fmm Power distance. may cause the work to be performed by the most expeditious memo available to it, and the Seller shall pay all cost assailed with such work. Permits. Seller shell pmcum at sellers sale cost all necessary permits, certificates and limom required by all applicable laws, regulations, .,ill. and toles of the state, municipality, territory or political subdivision where The Seller shall release the PurcM1aur and its contractors of any tier firm all liability and claims of any ware Re work is performed, or required by any other duly committed public authority having jurisdiction over the work resulting wen the performance, armada work. of vendor. Seller mother agrees to hold the City of Fort Collins harmless from add against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulation, maimmces, toles This release shall apply even in the event of fault of negligence of the party released and shall extend to the .it requirement. directors, .ITiecrsano employees ofs.ch party. Authorization. All ponies Ir this nm ra l agree that the representatives or. in fact, bona fide and possess Full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance its the terms and conditions stood herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any addlfioml or different toms and conditions proposed by seller are objected to and heeby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you am= make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. Deliveryand performance most be eRe.ad within the time stated on gue purchase order and the documents attached hereto. No acts of the Purchasers including, without Radiation, acceptance of partial lam deliveries, shall operate m a waiver ofthis provision. In the event crony delay, the Purchaser shall have, m addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, ate Seller shall not be liable for damages as a result of delays due to causes not reasonably famoss ble which are beyond its reasonable control and without its fault of negligence, such acts of God, aces of civil or military nulM1anwies, governmental priorities, fires, strikes, flood, epidanics, wars or ,lots provided that notice of the conditions cousin, such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In Net event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reaon argue delay. 3. WARRANTY. The Seller cow—ts flow all goods, articles, mmenzls and woh covered by this order will conform with applicable drawings, specification, samples snNor other defmp rms given will be fit for the pumoaes intended, and performed with Net highest degree of care and complence in accordance with accepted smndard far work of. similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may sufferer incur on account offlue Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to Net purchaser, any defects or faults mixing within one (1) year or within such longer period of time as may be prewnbed by law or by the terns of any applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unremonubly delayed), resulting firm imperfect or defective work draw rr materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not onstimm a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or Sometimes, but such liability shall in no event include has ofprofits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal temp by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Punch— may make any changes to the terms, other than legal ¢nos, including additions to or daimons from the quanlities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformadjustment shall hereunder, an equitable adjustshall be mode. 6. TERMINATIONS. The Pucbosear may m any time by written change order, terminate this agreement as many or all portions of the goods risen not shipped, subject to any equitable scaustment between the panica m to any work or nationals than in progress provided that the Purchaser shall not be liable for any claims for anticipmed profits on the uncompleted potion of the goods andlor work, for incidental or "usqueatial damages, and that an such adjustment be made in favor of the Seller with respect m any grads which are the Sellers shorthand stack. No such termination shall relieve the Purchaser or the Seller of any afluir obligations m m any goods delivered himund.. 2. CLAIMS FOR ADJUSTMENT. Any claim far adjmtm"t most be asserted within thirty (30) days from the data the change or mommuun is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods ere subject. The Seller shall execute and deliver such document as may be required to effect a evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all mot and damages suffered by the Purchaser as a mull of the Sellers failure m comply with inch law. 9. ASSIGNMENT. Neither Parry shall assign transfer, or convey this order, or any monies due or m become due hereunder witham the prior wrimen "went of the other party. 10. TITLE. The Seller warrant full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement fix and clear of any and .11 liens, restrictions, resmatiow, security interet encumbmnca and claims of others. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is petfomaal or c... ad to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, nuterial or process covered by letter, prom, trademark or copyngbt, me Seller shall indemnify and save harmless the Purchaser firm any and all claims for infringement by revwn of the use of such Farmed design, device, =lariat or process in commetion with the comma, and shall indemnify the Purchaser for any cyst, expense or damage which it may be obliged to pay by reason of such infringement at any time during the pmsttution at after the completion of me work. In case said equipment, or any part therm( or the initiated sea of the goods, is in such suit held to constitute infringement mid the use of said equipment or pan is "joined, the Seller shall, to its own expense and . its option, either Premium for the Purchaser the right to "minuet using said equipment or pans, replace the same with substantially equal but amine inging equipment, or modify it so it becomes noniefnnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this aide, may forthwith be canceled by Net Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the intermediation ofthe agreement and the nght of all parties hereunder shall be concerned under and govc,ned by the laws of the Scam ofColorade, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, lacluthng gue service ofScll. Representatives), as the premises suf.ahm, 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work al Sellers own risk until the a. is Polly completed and accepted, and shall, in use of any accident deswetion or army to the work ondror materials before Sellers final completion and cxptance, complete the work at Sellers own expense and to the satisfaction of the purchaser. When materials and equipment was famished by others for instalis ion or erection by the Sella, the Seller shall receive, unload, sore and handle same at the site and become responsible therefor as though such naferials and/or equipment were being famished by the Sell. under the order. I& INSURANCE. The Seller shall,. his own "pone, Provide for the paymm, of workers comp"smim, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, soldier in their dependent, in accordance with the laws of the stain in which the work is to be done. The Seller shall also carry, comprehensive general liability including, but not limited to, contractual and amamobile public liability iwumnce with bodily injury and death limits of at least $301 for say one person, S500,000 far any one accident and pmpeny damage limit per accident of S40d,t100. The Seller shall likewise require his antmdors, if any, to provide for such retrogradation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of ethers, the Seller shall famish the Purchaser with a cenifiwte Rod such compensation and immama have been provided. Such certificates shall specify the dale when such mmpewmion and insurance have been provided. Such aniecates shall specify the date when such comperaaron and insurance expire. The Seller agrees that such compensation and hommce shall be maintained until after the are work is mmplct.l and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility vM liability for any and all damage, lass or injury of my kind or nature whatsoever to peraom or property caused by or resulting fmm the execution of the work provided for in this pmahaw order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agent and employees from and aguimf any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be Put or subject by maven 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 a other p,weedirip shall be brought against the Purchaser, or its officers, agent or employees at my time on account or by rectum of any act, action, neglect, omission or default of the Seller of any of his contmetws or any of its or their officers, agent ai employees as aforesaid, the Seller hereby agree, as assume the defame thermf and m defend the same at the Sellers own expense, to pay my and all cost, charges, summary; fees mall other expenses, any and all judgment that may be incurred by or submitted against the Purchaser in my of its or their surface, agent or employees in such suit or other proceedings, and in case judgment or other lim be placed upon or obtained against life pmperry critic purchaser, or mid pubes in or as a result of such suit or other proceedings, the Seller will at once "vas the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precmlions, furnish 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 toles and regulations issued pursuant therem. Revised 07( 014