HomeMy WebLinkAbout451818 ROCKY MOUNTAIN MECHANICAL SYSTEMS - PURCHASE ORDER - 9143606PO
PURCHASE ORDER 914360er Page
City of PURCHASE
43606 t of 2
Flirt Collins( This number must appear
/�„!_\V`I ` V 1' on all invoices, packing
sli s and labels.
Date: 06/26/2014
Vendor: 451818
ROCKY MOUNTAIN MECHANICAL SYSTEMS
951 VALLEJO ST
DENVER CO 80204-3842
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 06/26/2014 Buyer: DOUG CLAPP
Note
Line Description Quantity UOM Unit Price Extended
Ordered Price
EPIC 1 LOT LS 7,925.00
Vilter Compressors - x3
Top end rebuild and bottom
end inspection.
City (3) Vilter 454XL Refrigeration Compressors
-isolate compressor and drain oil
-remove heads and repalesuction valves, discharge valves, springs and gaskets
-remove hand hole cover and clean oil sump
-inspect random rod bearing. Check for excessive clearances
-change oil filter and install new Vilter D oil
-check compressor motor alignment
-leakcheck, start-up and pump down, bleed down test
Price -(labor, materials, Frieght) $7,925.00
contact:Biven Wray
Total
",4
Invoice Address:
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
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 Fon Collins is exempt from state and hmcal taxes. Our Exemption Number is
98-04502. Federal Excise Tax Examperm Cenificate of Registry 84-6000587 is ,xgimumd with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statues 1973, Chapter 39-26, 114 id,
Goods Rejected, GOODS REJECTED due to failure to meet sp Si fications, either when shipped or due to defcub of
damage in transit, may be returned to you for credit and are not to be, replaced except upon receipt o1written
instmctions from the City effort Collins.
Important. GOODS are subject w the City of Fun Collins inspection on arrival.
Final Acceptance. Receipt of the merchandiu, services r equipment in response m this order canresult in
authorized payment on the pan of the City of FanCollins. However, it is to be undereatmd that FINAL
ACCEPTANCE is dependent upon completion of al l applicable required inspection procedures.
Freight Terms. Shipments most Ise F.O.B., City of Fort Collins, 900 Wood St., Pon Collim, CO 80522, unless
otherwise specified on this offer. If permission is given to prepay freight and charge.,.,at , the original fourth,
bill most wcomnanv invoice. Additional chances for owkine will not be accented.
Shipment Distance. Where manufacturers have cod icing Paints in variaus pans of the country, shipment is
expected from tie nearest distribution point to destruction, and excess freight will be dedugad from Invoice when
shipments ace made from Bremer distance.
Permits. Sella shall procure at sellers sole cost all necessary permits, certificates and litmus required by all
applicable laws, regulations, eminences and rules of the stem, municipality, territory w political subdivision where
the work is performed, or required by any ether duly cautioned public authority having jurinti time over the work
of vendor. Seller further, agrees Is hold the City of Fon Collim harmless from and against all limit try rid loss
incurred by them by rcamn of an assured or established violation of nay such laws, m ulatioos, ominances, tales
and requirements.
Autbonration. All parties to this contract agree that the representatives ace. in fact. bona tide and possess full and
ompl.a amhodty m bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits oceeptanee m the I. and coodiliom sated
herein set forms and any supplementary or additional temu and conditions annexed hereto or incotpomted heein by
reference. Any additional or diRerem terms wxl conditions pmpos d by sells are objected to aW hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdmmly if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the esume. Delivery and performance most be effected within the time
stared con the pumhme mew ad the documents attached here.. No acn of the Forerunners including, without
limitation, acceptance ofpurtial late delivenq shall outman w a waiver of this ptovtsion. In the coup of any delay,
the Pumbaver shall have, in addition to other legal and equitable medics, the option of placing this Omer eluwhere
and bolding the Seller liable for damages. However, the Seller shall not be liable for damages as it result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of Gd, acts ofcivil or military authorities, govemmmtal priorities, fires, strikes. Road, epidemics, wars w
riots provided that notice of rise conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In fc at of my such delay, the date of delivery shall be
extended for fie peril equal to the time aclually lost by museum of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conforrn with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intendd, and
Performed with the highest degree of sore and competence in accordance with accepted standards for work of a
wall or nature. The Seller agree f hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be presenbed by law or by the terms of any applicable warranty provided by the Seller after the dam of
ameptanre of the .nods fumishd hereunder (acceptance not to be uareamnu dy delayed), resulting fmm imperfect
or defective work dune or materials famished by the Seller. Acceptance w use of pinds by the Purchaser shall not
omtimte a waiver of any claim under this wo ranty. Except as otherwise provided in this purchase offer, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the faregotng worriment
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
If, Purchases may make changes to legal terms by women change order.
S. CHANGES IN COMMERCIAL I ERMS.
The Purchaser may make any changes an the terms, other then legal teams, moltuling additions to or delerin % from
,he quantities ortginallY ordered in one specifications or drawings, by verbal or written change order. it any such
change affects the amount due nnhe time of performmnce hereunder, an equitable adjustment shall be made.
6. TERMMATIONS.
The P... base, may al any time by wrumn change Order, terminate this agmeman In to any Or all famous of the
goods then not shipped, subject to any equitable odlfearm ll between fie panics as to any work w materials then in
progress pmvided'bat the Purchaser shall not be liable for any claims far anticipated profits on the uncompleted
portion off, goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respcet to any goods which are the Sellers standard stock. No sfell moratorium shall relieve
the Purchaser or the Seller crony of their obligations as many goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be toward within tiny (30) days from the dam the change or repatriation is
ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have Even produced, sold, delivered and famished in short
compliance with all applicable laws and regulationa to which the goods are subject. The Seller shall execute and
deliver such documents as may be occulted to effect or evidence compliance All laws and regulations romital to be
ncopomtcd in agreements of this character are hereby incorporated herein by this reference. The Seller agrees no
iudemnily and hold fie Prick ur hvmless from all cuts and damages suffered by the Purchaser as a result of she
Sellers failare to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, tmmmr, or convey this order, or any monies due or to become due real without the
prior wrten consent of the other Paty.
10. TITLE.
The Seller warrants full, clew and unrestricted title to fie Purchaser for all equipment, matenah, and imme bosomd
in yerficomeare of this agreement, face and clear of any and all been. rntriction,, reservations, mority interest
cncumbwwcs and claims modern.
11. NONWAIVF,R.
Failure of the Purchaser to insist upon laic, performance of the terms and conditions hereof, failure or delay to
exercisany rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, e the acceptance of or paymcm for goods hereunder or approval ofthe design, shall not releme the Seller of
any of the warranties or obligations of this purchase offer and shot[ not be deemed a waiver of any right of the
Purchase, fa imi:r upon order performance hereof or any of Its .,he, or remNies as to any such goods, regardless
of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported
oral mmli fication or rescission of this purchase offer by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and fie Purchaser recognize that in ac,wl economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this
purchase offer, the Seller hereby aasigns to the Purchaser any and all claims n may now have ad hereafter
acquired under federal or sure antitrust laws for such overcharges ralsong to the particular goods or services
purchased or acquired by the Pnckur pursuant to this purchase offer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS -
If the Purchaser forcers the Saller to correct nonconftming or detecdve goals by a dam to ba agreed upon by the
Purchaser and the Seller, and the Seller f orealter indicates its Inability or unwillingness ea comply, the Purchaser
may cause fie work robe performed by the as, expeditions means available to it, and the Seller shalt Pay all
costs co ocisted with such work.
The Seller shall relenu ,he Purchaser and its mconctors of any tier fmm all ❑ability and claims of any nature
mashing fmm the Paramecium i f such work.
This Rlcmc Shall apply even in the event of fault of negligence of the parry released and shalt extend to the
direcmrs, officers ad employees I f5uch Party.
The Seller's communist obllgatiom, including carefu , shall nor be domed to be reduced, in any may, because
such work is performed m caused to be perfarreed by the Purchaser.
14. PATENTS.
Whims. the Seller is required to we any design, f,,mv. mmmal or process revered by lener, patent trademark
or copyright, the Seller shall indemnify and leave bmmless the Purchaser from my 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 rise Purchaser fur any cost, expense or damage which it may be obliged to Pay by reasom of such
infdnganen al any from during the Prosecution or after fie completion of life work. In eau said equipment, or
any pan therrof or the intended use of the goods, is in such suit held m mm,imte infringement and the use of
said an,quaem or pan is enjoined, the Seller shall, an I,, own expense and at ins option, either procure fir the
Purchaser the right m mminue in, said equipment w parts, replace the same with substantially egwl be,
noninfringingequipment, m modify it act it becomes nordnfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankmpt, make an assignment for the bmefir of creditors, appoint a
Or Social, for any of the Sellers property or business, this order may Embattle be canceled by the
Purchaser without liability.
H. GOVERNING LAW.
The definiliom oftemw used m fie o erpreation offe agreement and the rights of all ponies hereunder stall the
cmern d under and Roamed by fie laws offe State of Colorado, USA.
The following Additional Conditions apply only in coods where the Seller is W perform work hereunder,
including the services of Sellers Repremnmtive(s), on the premises crashes.
17. SELLERS RESPONSIBILITY.
The Seller droll 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 call materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction offe Purchase. When materials
and equipment are famished by ofers far installation or erection by fie Seller, fie Seller shall receive, unload,
stare and handle same at the site and become responsible ferefor m enough such materials and/or equipment
were being fumishd by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefirs, to its employees employed on or in connection with the work covered by this purchase order,
whim to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also eery comprehensive general liability including, but not limited to, contratlwl and automobile public
Needlry insurance with brashly injury and deaf limits of at least S300,000 for any one person, $500,000 for any
accident and property damage Itmit per accident of S400,000. The Seller shall likewise require his
if any, to provide for such compensation and in e. Before any of the Sellers or his contractors
employees shal I do any work upon the premises of others, the Seller shall famish the Pureltwer 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 cenlficems shot] specify the date when such compemstom
and insurance agre expires. The Seller es that such compensation and insurance shall be maintained until ape, be
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entbc responsibility and liability for any and all damage, loss or injury ofany kind
or nature whatsoever ne Persons or property caused by or resulting from fie execution of life work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless fie Pumhmer and any
cr all of he Purcers officers, Runts and employees tram and against any and all claims, losses, damages,
hasffi
harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchase may
be put or subject by reomn of any act, action, neglect, omission on, default on fie pan of the Seller, any of his
contractors, or any of fie Sellers or contractors officers, agents or employees. In come any suit or other
proceedings shall be brought against the Pumh eq or its officers, agents or employees at any time on account or
by rcsmn of any act, =fea, neglect, omission or default of the Seller of my of his contractors or any of its or
their olEccrs, agents or employees as aforesaid, the Seller hereby agrees in assume the defense moved and to
defend the same at the Seller cam expense, m pay any and all Is charges, anomeys fees and offer exile on s,
any and all judgments that may be incurred by or obtained against the Financial or any of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against fie property ofthe Purchaser, or said parties in or as a result of such suits or offer proceedings,
the Seller will al once cause the same to be dissolved and discharged by giving bond or whana se. The Sella and
his contractors shall take all safety priroutiom, ftrrrdaM1 and install all gwrds necessary, for the prevention of
accidents, comply with all laws ad Rgulatiom with regard to safety nickelling. but without limitation, me
Occupational Safety and Health Act of 1970 and all tales and reguladom boned pttrsttavt theme.
Revised 0312010