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HomeMy WebLinkAbout451818 ROCKY MOUNTAIN MECHANICAL SYSTEMS - PURCHASE ORDER - 9121479Fort Collins Date: 03/13/2012 PURCHASE ORDER Vendor: 451818 ROCKY MOUNTAIN MECHANICAL SYSTEMS 951 VALLEJO ST DENVER Colorado 80204-3842 PO Number Page 9121479 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS. 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/13/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Install Super -Separator type 1 LOT LS 18,860.00 oil scrubbers on three ice -rink compressors at EPIC. Total $18,860.00 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Foe Co11ins is exempt from state and local taxes. Our Exemption Number is 9S-I14502. Federal Excise Tnx Exemption Ccnifexfe of Regis" 94-WM597 is registered With The Collector of Internal Retinae. Denver, Colorado (Ref. Colorado Revised Stamtcs 1973. Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to Gi him to meet .sport fmatiots, eitha when shipped or due to defects of damage in transit, may be recurred to you for credit and am not to be replaced except upon receipt of written insmctios from the City of Fen Collins. Inspection. GOODS me subject to the City of Fen Collins inspection on arrival I L NONWATVER. Failure of the Purchaser to insist ninon strict performance of the terms and conditinns hcmnf, induce or delay to exercise any rights or remcdics pmvidcd hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofm payment for good 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 right of the purchaser to insist upon strict performance hereofor any of its rights or remedies as to anv such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any Purpnned oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms hereof. Final Acceptance, Receipt of the merchandise, services or equipment in response to this miler can result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins, However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection precedurcs. violations arc in fact borne by the Purchnscr. Thcretoforc, for gond cause and as considcmtion for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments net be F.O.K. City of To" Collins, 700 Wood St. Fort Collins. CO 80522, unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods or services 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. Additional charges for packing will net he accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufxcinrere 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 destination, and excess freight will be deducted from Invoice when Purchaser and The Seller, and the Seller theraffa indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be rafennal by the nost expeditious means available to it, and the Seller shall pay all toms associated With such work. Permits. Seller shall procure at sellers side cost all necessary posits, ecnificates and licenses required by all applicable lams. regulations, ordinances and odes of the state, municipality, territory of political subdivision where the workis perfomM, or required by any other duly constituted public authority having jurisdiction over the work of valor. Seller further agrees to hold the City of Fen Collins harmless from and against all liability and loss incurred by them by reason of an asscned or established violation of any such laws, regulations, ordinances. miles and requirements. Authorisation. All parties to this contract agree that the representatives arc. in fnct, bona fide and Possess full and complete authority to bind said Pont.. LIMITATION OF TERMS. This ruminate Order expressly limits acceptance to the tans and conditions stated herein set fenh mud any supplementary or additional tames and conditions annexed hereto or incorporated herein by reference Any additional or different Terms and conditions proposed by seller arc 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 ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents amachcd hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver ofthis prevision. In the event firmly delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order clsavhcrc and holding the Seller liable far damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its rcasowble control and without its fault ofnegligenee. such acts ol'God, acts ofcivil or military authorities, governmental priorities, rites. strikes Bond, epidemics, wars or riots provided that notice of the conditions causing such dclav is given to the Purchaser within five (5) days of the time what the Seller first received knmvledgc therm[ In the event of any such delay, the date of delivery shall be cxtmded for the period equal to the time actually lost by reason ofthe delay. 1. WARRANTY. The Seller warrants that all goods, articles. mawnrls and work covered by this rnicr will conform with applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purposes intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for Work of a similar nature The Seller agrees to hold the purchaser hamlas from any loss, damage or expense which the Purchaser ntay smrlTcr er incur an account of the Shccrs breach of warmnty. The Scllcr shall replace repair or make good, without oust to the purchaser, any defects or faults arising within one (I) year or within such longer paied of tints, as maybe prescribed by law or by the terms of any applicable warranty pmvidcd by the Seller ofcr the date of acceptance of the good furnished haru ider(acceptance not lobe unrcaumebly delayed). malting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use or good by the Purchaser shall not constinum a waiver ofaey, claim tinder this n'amnry. 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 guarantees, but such liability shall in no ecat include doss of profits or loss of use. NO [MPLI ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. J. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal term by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal toms, including additions to or dclelions from the nasal tic, originally ordered in the specifications or drawings, by verbal or em"al change under. If any s tb change affects the ammmt due or the time ofpcdomnncc hereunder, i n equitable adjustment shall be made. h. TERMINATIONS. The Purchaser may at any time by taken change order, terminate this agreement as to any or all portions of the goods then not shipped. subject to anv equitable adjustment between the Parties as to any work or materials then in progress pmvidcd that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted pinion of the good and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Sella with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) drys from the date the change or termination is indicted. S. COMPLIANCE WITH LAW. The Seller wamnts that all Surds sold hereunder shall have born produced. sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such decuments es may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcx% Imo all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such late. 9. ASSIGNMENT. Nadia parry shall assign, transfer, or convey this order, or anv monies due or to become due hereunder Without the prior aaTitm. corium of the other parr. 10. TITLE, The Seller wamnts full. clear and unrestricted title to the Purchaser for all equipment. material%, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest cncembmnces and claims of others. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from The performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, effects and employees of.aeh party. The Seller's contractual obligations, including wamnlyt shall not be deemed to be reduced, in any way, because such work is Performed or caused to be pafermed by the Purchaser. 11 PAT E,N'fS. Whenever the Sella is required to use any design, device, material or process covered by letter. patent. trademark or copyright, the Sella shall indennify and save harmless the Purchaser from any and all claims for infringement by mason of the use of such patented design, daice. material or praess in connection with the contract. and shall indemnifv the Purchaser for tiny cost. expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said cquipmenl. or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is enjoined. the Seller shall, at its own expense and at its option. either procure for the Purchnscr the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt. make in assignment for the benefit of creditors, appoint a receiver or tmstee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The dcfinifions oftcrms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be couxtmed under and governed by the Inws ofthe State of Colemdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Representatives). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's ewe risk until the same is fully completed and accepted, and shall, in case of any accident. destruction or injury to the work and/or materials Wow Seller's final completion and acceptance complete the work at Seller's own expense and to the satisfaction ofthe Purchnscr. When materials and equipment are famished by others for installation or erection by The Seller, the Seller shall receive, nnload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Sella under the order. IS. 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 mda. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including. bill not limited to, contractual anti automobile public I inhility insurance with bodily injury and death limits of of least S300.O00 for any one person. S500,MO for any one accident and pmpcny damage limit per accident of 5400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Below any of the Sellers or his contractors employees shall do any Work upon the premises of others, the Seller shall furnish the Purchnscr with a cartifi,me that such couirosation 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 afar the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby assuma the entire responsibility and liability for any and all damage. loss or injury orally kind or nature Whatsoever to persons or pmpary caused by er esulting from the execution of the Work provided for in this purchase order or in connection herewith. The Scllcr Will indemnify and hold harmless the Purchnscr and any or all of life Purchaars officers, agents and employees front and against 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 reason of any net, action, neglect, omission or default on the pan of the Scllcr, any of his contractors. or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser. or its officers, agents or employees at any time on account or by reason of tiny act, action, neglect, emission 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 In defend the same in the Sellers own expense, m pay any and all costs, charges, altomcys laces and other cxpcnscs. any and all judgments that may be incurred by or obtained against the Purchuscr Or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obmincd against the property of the Purchnscr, or said panics in or as a result of such suite, or other proceedings. the Seller will err once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his cermemes shall take all safety precautions, 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 rates and regulations issued pursuant therctn. Revisal O312010