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HomeMy WebLinkAbout109005 POUDRE VALLEY AIR INC - PURCHASE ORDER - 9141522City of /0' 1 r-t Collins Date: 03/12/2014 Vendor: 109005 POUDRE VALLEY AIR INC 2416 DONELLA CT #A FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9141522 1of2 This number must appear on all invoices, packing slips and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 03/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 PVA PROPOSAL HVAC SYSTEM per proposal dated 2-28-14 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.00m 1 LOT LS 39,280.00 Total 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local axes. Our Exemption Number is 11. NONWANER. 98-04502. Fderal Excise Tax Ramada. Certificate of Rut 84fi0n0587 n registered with the Collard. of Failure of the Puchaser or insist upon strict performance of be terms and conditions hereof, failure or delay to Internal Revenue, Ucnver, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure an promptly notify be Seller in be event of a breach the areeprmsr of or ar ournt for goods bereaadef or approval ofthe deign, shall not relase the Seller of Goods Rejocal. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligation of this purchase order and shall not ho demand a waiver of any right of the damage in lowit, may be rammed to you for credit mad are Mi in be replaced except upon receipt of wimm purchaser to burnt upon startperfmmantt remss sod hereof or my of its rights or edies my such goo, regardless instructions from the City of Fort Collins. of when shipped, received or acre des, as to any prior or subsequent default hereudeq nor shall any purponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of be tears Inspection. GOODS are subject to the City of Fort Collin co,ortion on arrival. hem(. Fiml Acceptance. Receipt of the merchandise, services an equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amaodmd payment on the pan of the City of Fart Collins. Newton, it is rut be understood then FINAL Seller and the Purchaser reeopum that in actual ec o is practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent uponeompletionofall applicablems,drel inspection pr«edures. violations are in fact Nome by the Purchaser. Theatofom,forr good cause and as comidemtion for executing this purchase ender, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.B., City of Fort Collies, 700 Wood Sr, Fort Collins, CO 80522, nor. acquired under brand or state antiuust laws for such overcharges relating as me Pmicular smash, or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by be Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distances Where mnnufacmren have distributing points in vaicus pans of the cmuntry..hipment is Brim Purchaser directs the Seller to correct nonconforming or defective gaadby a date to be agreed upon by the expected from the nearest dixtribution point to destination, and excess freight will he deducmd from Invoice when Purchecrand the Seller, andthe Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipmenas are made from gnamr distance tiny cause the work m he performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. remains. Seller shall procure at sellers sale cost all necessary permits, comficates and licenses required by all applicable luxe, regulations, ordinances and ales ofine state, mnnic,odity, terrimry art whniral subdivision wham the work is performed, err required by any other duly continued public authority h ivingjuri.uhe i over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from end it mar all liability and lass incurred by them by reason of an assented or established violation of my such laws, regulations, ordiumeee, roles and requirements. Authorization. All names to this contract agree that be rep r,a atives are, in fact, bona fide and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limbos acceptance to the Lams and coditions stated herein sea forth and any supplementary art additional It. and and acre amexd human or imarporamd herein by reference. Any additional or different tames ad conditions proposed by seller are injected to and hereby njend. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you moot make complete shipment to arrive on your promised delivery date as acted. Time is of the esseme_ Delivery and Paramount, mail ho eRccled within the time star on the p..it,. under arm the documents atached harem. No acts of the Purchasers including, without limitation, acceptance of,amal laic deliveries, shall operate as a waiver ofihis provision. In the occur of any delay, the Purchaser shall have, in addition to other legal and equitable candies, be option of placing this order elsewhere and holding the Seller liable for dmages. However, the Seller shall nor be liable for damages as a remit of delays due to causes ram reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil or military mthorities, govemmmaal priorities, fires, strikes, Rood epidennien, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first oarived knowledge thereof. In me event of any such delay, In, date of delivery shall be extended for the period equal to the time actually lost by reason of be delay. 3. WARRANTY. The Seller warrams then all goods, ankles, materials and work covered by this order will conform with applicable drawing, specifications, samples and/or other descriptions given, will be fit for he punch, inmmdr, and performed 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 harmless from my loss, d mage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Sella shall replace, repair or make good, without cast to the purchnser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by me terms of any applicable warrmry provided by the Seller atcr the date of acceptance of the goods famished hereunder (acceptmce not to be mueasombly delayat resulting farm imperfttt or defective work done or materials famishd by be Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of my claim under this wanant, Except res otherwise provided in this purchase ender, be Sellers liability bereuder shall extend to all damages proximately caused by the breach of my of the foregoing wacramiev or guamntas, bur such liability shall in on,evem include loss of prows or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puchaer may make change la legal it. by written change order. 5. CHANGES IN COMM ERCIAL TERMS. The Purchaser may make any changes to the terms, other Nan legal arms, including additions to or deletions from the quantities originally ordered in be specifications or drawings, by verbal or wdnen change order. If my such change artects the amount due or the time of paramour barrister, an equitable adjustment mt shall bm e ade. 6. TERMINATIONS. The Dominion may at my time by wriven change coder, termiam, this agreement as to any or all portions of the gals then not shipped, subject to any equitable adjmtmcut between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profs on the uncompleted portion of fc goads andor work, for incidental or consequential damages, and that no such adjustment No made in favor mf the Seller with respect to any good which am the Sellers standard stock. No such termination shall reline the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTT MENT. Any claim for adjustment must be asserted within dairy (30) days from the due the change or Lrrminutim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations as which fie goods arc subject. The Seller shall execute and deliver such documents in may be acquired to effect or evidence compliance. All laws and regulations required to b , incorporated in agreements of this character we hereby numismatist herein by this reference. The Seller agrees to bastardly and hold be romancer bamdcss from all cars and damages turbaned by the Puachoa as a result of in, Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall resign, transfer, or come, this order, or my=md due or a become due hereunder without the prim wdran consent ofthe other parry. 10. TITLE The Sella warrmas full, clear road umesbicted aide to me pumbsser for all equipment, materials, and items browned in peffmmame of this Woman, free and clear of any oral all lietes, restrictions, .lime, seeuriry moment eacum mane and claims of others. The Seller shall release fie Purchaser and its commnors of any tier from all liability and claims of my mime resulting from the performance of such work. This release shall apply even in be event of fault of negligence of the party released and shall extend to the dircuors, oorers and employees of such party. The Sellers contractual obligations, including warrany, shall not l e deemd to be reduced, in any way, because such work is performed or caused as be performed by the Purchaser. 14. PATENTS. Whenoer the Seller is requital to once any design, device, mmerial of process covered by letter, paimr, hadmark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any aed all claims fen wfriage rmat by reason of the are of such patented design, device, material or process in examecion with be contract, and shall indemnify the Purchaser for any eon, expense or damage which it may Ne obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In ruse said optimum, or any pan therm( or the imcuded use of the good, is in such suit held to constitute infirm wham and the use of said equipment or pan is enjoined, the Seller shall, a1 its own expere, and an its option, either procure for the Purchaser the right in continue using said equipment or pans, turbine the same with substantially eqml but naninlringing equipment, or modify it m it becomes nownfringing. 15, INSOLVENCY. If the Sella shall become insolvent or bankrum, make an waiiimem for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Punctuator w Pu ct ithout liability. 16. GOVERNING LAW. The definitions efterms used .1 he imcluctation of the agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform mark hereunder boarding the services of Sellers ReprcsentativHs), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work M Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Sellers fcal completion and acceptance, complete the wash at Seller's awn expense and to fan mtiabotion of the Purchaser. When materials and equipment arc formatted by others for moralistic. or creation by the Saller, the Seller shall receive, mload, sore mid handle same at to site and become rtsponsible therefor as though such mmrrials and/or nptipment were being fumished by the Seller soda the order. 19. INSURANCE. The Sella shall, at his own expense, provide for die payment of workers compensation, wcludwg ocatrum anal disease bamfits, bits employees employed on or in connection with the work covered by this, purchaw, order, and/or f their dependents N accordance with the laws of the sate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but act limited to, communist and automobile public ha iala, insurance cairn Nudity injury mex exam limits of at Ieasa 5300,03o for any one person, 5500,00o for may one accident and property damage limit per accident of 5300,000. The Sella shall likewise comare his contractors, if my, to provide for such compensation and insurance. Beth any of be Sellers or his contractors employees shall do any work upon be premise of others, the Seller shall fumish fe Purchaser with a certificate that such compewtion ad insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate shall specify the date when such compensation and insurance expires. The Seller agrees Out such compensation and insurance shall be maintained mail mar me entire work is completed and accepted. [9. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nssumes the entire responsibility and liability for any and all damage, loss m injury of my kind or manic whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold humbles the Purchaser and my r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expert ens, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by mason of my act, action, neglect, omission or default on the part of the Sella, my of his contractors, or any of be Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my act, action, rodeo, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agree to assume be defense thereof and to defend the same at be Sellers own expense, to pay my and all ass, charges, allomM foes and other expenses, my and all judgment, that may b, incurred by or obtained against the Purchaser or my of its or bar officers, agms or employees in such suits or other parecamgs, ad in case judgment or other lim be placed upon or obtained Wiser the property ofthe Purchaser. or said parties in in as a result ofsuch subs or other proccalm ss, the Sella will in ace cause me same to be dissolved ad sisal mgd by giving Local or otherwise. The Sella and his contractors shall take all safety precaution, furnish and initial] all guards na¢sary for be prevention of accident, comply with all bus and regulatiou with refund to may including, but without limitation, be Compatioml Safety and Health Act of 1970 and all rates and regulations umd pursuant decree. Revised 03no10