HomeMy WebLinkAbout403980 PACE INDUSTRIAL - PURCHASE ORDER - 6607102Date: 11/08/06
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City of Fort Collins
Page Number: 1
City of Fort Collins Purchase Order Number: 6607102
Delivery Date: 11/08/06 Buyer: HUME,JAMES
Purchase Oyer number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note: �/`o - -Q
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Line Qty/Units Description Extended Price
1 1 lot 18,480.00
Overhaul 3 compressors at
EPIC ice rink chiller per Quote SJC-2006-029
In addition to City of Fort Collins Purchase Order
Terms and Conditions, work done under this Purchase
Order must comply with the attached two -page form:
Prohibition Against Employing Illegal Aliens
Total
City of Fort Gqffinj Director of Purchasing and Risk Management
This order is riqto4alid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580
$18,480.00
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
rchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Invoice Address. To ensure prompt Payment mail invoices in duplicate to:
City of Fort Collins Accounting Division
P.O. Box 580
Fort Collins, CO 90522
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Ou Exemption Number
is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects
of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection: GOODS are subject to the City of Fort Collins inspection on an'ival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized
payment on the part of the City of Fat Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distribution point to destination, and excess feight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Sena shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority havingjurisdiction over the work
of vendor. Seller further agrees m hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by ream of an asserted or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorimtion. All parties to this contract agree that the representatives am, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different tams and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase 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 of any delay,
the Purchaser shall have, in addition to 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 as a result of delays
due to causes net reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acs of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars
or riots provided that notice of the conditiom causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3.WAUKANTY.
The Sella warrants that all goods, articles, materials and work covered by this order wiH conform with applicable
drswinp, specificatiats, samples and/or other descriptions given, will be fit for the purposes intended, and performed
with the highest degree of came and competence in accordance with accepted standards for work of a similar nature.
The SWIG agrees to hold the ptuchaaa harmless from any loss, damage or expense which the Purchaser may suffer
or incur on reactor of the Sellers breach of warranty. The Sella shal I replace, repair mmake good, without cost to
the purchase, any defects or faults arising within one (1) yea' or within such longer period of time as may be
prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of
the goods furnished hereunder (acceptance net to be =reasonably delayed), resulting from imperfeet or defective
work done or materials furnished by the Seller Acceptance or use of goods by the Purchaser shall net constitute a
waiver of any 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 a'
guarantees, bet such liability shall in no event include tan ofpmfts or tau 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 tams by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the tams, other thorn legal tams, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or written 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 Purchaser may at any time by written change order, terminate this agreement as to any at all portions of the
goods that not shipped, subject to any equitable adjustment between the parties a to any work or materials then in
progress provided that the Purchase shall not be liable for any claims for anticipated profits on the uncompleted
Patricia of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Sella with respect to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchaser or the Sella of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment matt be asated within thirty (30) days from the date the change a'termination is ordered
S. COMPLIANCE WITH LAW.
The Sella wamnts thin all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to
be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees
to indemnify and hold the Purchase harmless from all costs and damages suffered by the Purchaser as a result of
the Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither petty shall assign, transfer, or cmvey this order, or my m=its due or to become due hereunder without the
prim written consent of the other party.
10. TITLE.
The Seller wan'ants full, clear and unrestricted title to the Purchaser for all equipment, materials_ and items furnished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
eremnbrances and claims of others.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms mid conditions hereof, failure or delay to
exercise my rights or remedies provided heroin or by law, failure to promptly notify the Sella 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
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any tight of die
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
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 in by the Purchasa' operate as a waiver of any of the terns hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, ova'chin ges resulting from antitrust violations
are in fact have by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase ceder,
the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or
state antitrust laws for such overcharges relming to the particular goods or services purchased or acquired by lire
Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sell.' to cost nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may case the work to be performed by the most expeditious means available to it, and die Sella shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the peformance of such work.
This release shall apply even in the event of fault of negligence of the patty released and shall extend to the directors,
officers and employees of such party.
The Sella's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such
work is'perforned or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and shall
indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infinge ment 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 goods, is in such suit held to constitute infringement and the use of said
equipment of pan is enjoined, the Seller shall, at its own expense mid at its option, either procure fa' the Purchaser
the right to continue using said equipment or parts, replace the same with substantially equal but non-infinging
equipment, or modify it so it becomes non -infringing.
15. INSOLVENCY.
If fro Seller shall harime insolvent or bankrupt, make an assignment for the benefit ofcreditors, appoint a receiver
or trustee for any of the Setl.s property or business, this order may forthwith he canceled by the Purchases without
liability.
16. GOVERNING LAW.
The definitions of terms used or the intehpretation of the agreement and the rights of all parties hareunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella' is to perform work hereunder, including
the services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Sella's own risk until the sane is fully completed and accepted, and shall, in
case of any accident, destruction or injury to the work and/or materials before Seller's final completion mid
acceptance, complete the work at Setter's own expense and to the satisfaction of the Purchases. When materials and
equipment we furnished by others fa installation or erection by the Seller, the Sella shall receive, unload, store and
handle same at the site and become responsible therefor m 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 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 in be done. The Seller shall also
cmry comprehensive general liability including, but not limited to, contractual and automobile public liability
insurance with bodily injury and death limits of a least S300,000 for my one person, $500.000 for any one accident
and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to
provide for such compensation and insurance. Before any of the Sellers or his c=tractors employees shall do any
work upon the promises of others, the Sella shall furnish the Purchaser with a certificate that such compensation and
insurance have been provided. Such certificates 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
agrees that such compensation and insurance shall be maintained until after the entire work is completed mid
accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Pnmehaersofficers, agents and employees from and against any and all claims, looses, damages, charges
of 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 part 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 the Purchases, a its officers, agents or employees a any time on account m by reason of any act, action,
neglect, omission or default of the Seller of any of his contractors a' any of its or their officers, agents or employees
as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own
expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be
incurred by or obtained against the Purchaser or any of its a'their officers, agents or employees in such suits or otha'
proceedings, mid in cue judgment or other lien be placed upon or obtained against the property of the Purchaser,
or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be
dissolved and discharged by giving bond or otherwise. The Sella' mid his contractors; shall take all safety precautions,
famish 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 mid
regulations issued pursuant thereto.
Revised 11/9
Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose
performance of work under this Agreement does not involve the delivery of a specific end product
other than reports that are merely incidental to the performance of said work. Pursuant to Section
8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot employment
verification program created in Public Law 208, 104th Congress, as amended, and
expanded in Public Law 156, 108th Congress, as amended, administered by the
United States Department of Homeland Security (the "Basic Pilot Program") in order
to verify that Contractor does not employ any illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to perform works
under this Agreement or enter into a contract with a subcontractor that fails to certify to
Contractor that the subcontractor shall not knowingly employ or contract with an illegal
alien to perform work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in
writing verify same every three (3) calendar months thereafter, until Contractor is
accepted or the public contract for services has been completed, whichever is earlier. The
requirements of this section shall not be required or effective if the Basic Pilot Program is
discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre-
employment screening of job applicants while this Agreement is being performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work under this
Agreement knowingly employs or contracts with an illegal alien, Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor has actual
knowledge that the subcontractor is employing or contracting with an illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving the
notice required pursuant to this section the subcontractor does not cease employing
or contracting with the illegal alien; except that Contractor shall not terminate the
contract with the subcontractor if during such three days the subcontractor provides
information to establish that the subcontractor has not knowingly employed or
contracted with an illegal alien.
F. Contractor shall comply with any reasonable request by the Colorado Department of
Labor and Employment (the "Department") made in the course of an investigation that the
Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by
Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement
is so terminated, Contractor shall be liable for actual and consequential damages to the
City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates this provision
of this Agreement and the City terminates the Agreement for such breach.
JFPACE
INDUSTRIAL
With Pace, it's personal."
06 October 2006
Helmut Walkman
Epic Ice Arena
1801 Riverside Drive
Fort Collins, CO 80525
Re: Major Overhaul on 3- Vilter 454XL Compressors
Quote #SJC-2006-029, Price Valid for 45 Days
Dear Helmut,
Thank you for the opportunity to provide pricing to overhaul your compressors. In our
price of $18,480.00 we have included the following:
• Travel to your facility from our Denver location, and
• the labor required to complete 3 overhauls, and the following replacement parts
for each of the three compressors
o 12 — 31989M Piston Compression Rings
o 4 — 31989N Ring Piston Oil
o 1— A33489A Shaft Seal
0 1— 33496A Gasket, Shaft Seal Cover
o 4 — 31909A Plate, Suction Valve
o 4 — 3508OSS Plate, Discharge Valve
o 1 — 1448C Oil Filter
o 1 — KT043MNX Gasket Kit
o Oil
This quote is based on our experience with similar compressors and may require
adjustment based on the condition of the compressor. Any required repairs exceeding the
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