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HomeMy WebLinkAbout456436 LONG BUILDING ENVIRONMENTS - PURCHASE ORDER - 9146939Fort Collins Date: 11/25/2014 PURCHASE ORDER Vendor: 456436 LONG BUILDING ENVIRONMENTS 2649 E MULBERRY #4 FORT COLLINS CO 80524 PO Number Page 9146939 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 11/25/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price I EPIC Mcquay scroll water cooled chiller - 60 ton. ref. quote dated 10/10/14 per Doug Kling (1) McQuay Scroll Water Cooled Liquid Chiller - Complete with: -full charge of R410A and oil -evaporator insulation -Microtech II Onboard Controls -DP switches -HGBP -Across the line starter -Non Fused Disconnect Switch -One year parts warranty Coordinate delivery with Biven W. Contact: Biven Wray Dh# 970-290-3623 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 1 LOT LS 46,900.00 Total Pay terms net 30 days 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local axes. Our Exemption Number is 11. NONWAVVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure ofhc Punctuator to insist upon strict performance afthe farms and conditions hereof, failure or delay to Internal Revenue, D., Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39d6, 114 (a)m exercise arty rights or femcdies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the aceptance ofor payment for goods hereunder or optimal ofee design, shall nun release the Seller of Guudr Rejected. GOODS REJECTED due to failure to tam specifications, either when shipped m due to defects of any of the wamntia or obligations of this pumhau order and shall not be decimal a waiver of any right of the damage in wmit, may be aI.W to you for credit and are not to be replaced except upon receipt of written purchaser an insist No stria paformmm horeofof any arms rights or fanedia as an any such good, regardless matmctions from the City of For Collins. of when shipped, recrned or acepralL w b any prim our subsequent default hereunder, we shall tiny pruponal am[ modification or rescission of this purchase order by She Purchaer o corm ss a waiver of any of the terms Inspection. GOODS ore subject to the City of Fon Collier narration on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or cl.ip..t in respmnse to this order can result in Il. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on me part Of the City of Fort Collins. However, it is m be understood Bud FINAL Seller and the Pembina raogaiu that in tactual economic practice, coachman, resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable ramrod inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good wuu and as maraideration for executing this purchase order, the Seller hereby assigns to the Purchssa any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fall Collins, CO 80522, to. acquired under federal our sure .tins, laws for such mereharges relating Or the particular goods or services othem ono specified oa this order. Ifpermissian is give. I. prepay freight and charge separately, the original freight purchassd or acquired by me Purchaser pursuant to this purchase oNer. bill must accompany invoice. Additional charges fun Waking will not be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manumanrers have donfiming points in various pans of the country, shipment is If the Purohaser directs The Seller to correct nonconforming or defedive good by a date to beagrced upon by the expected from the normal distribution point to datiratlon, and exttss freight will be deducted from Invoice when Purchaser and the Seller and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by me most expeditious means available to it, turd the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cos, all necessary marm. cenihntes and feemm colored by all applicable laws, regulations, ordinances and tales of the Sure municipality, tenimry or political subdivision where The Sella dull at. the Pronswer and its comrecmrs of any tia fault all liability and claims of any rumre the work is peffomned, or arachnid by any other duly a nstioned public authority having jutisdiciion ova the work ..]if g floor fire peffomr.ce of such warkm of vendor. Sella further agrees to bold the City of Fiat Collins harmless fmm and ageinsl all liability and loss incurred by them by maven of an asserted or established violation of any such laws, ocgulntims, ordinances, tales This release shall apply even in the event of fault of negligence of the Way released and shall extend to Ile and ex airemenn. directors, miters and employees of such any, Authorization. All ponies to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Farmhouse Other expressly limits acceptance to the terms and conditions stated herein set foal and any supplementary or additional tam. and conditions annexed hereto or incorporated herein by mfiame, Any additional or different toms and conditions proposed by seller are objected to and hereby jadal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENTimmediately if you carmar make complete Shipment a arrive on your promised delivery date us noted. Time is oftlm essence. Delivery and performance must be offinted within the time stated on the purchase Order and the documents atuchal hereto. No act of the Purchasers including, without limitation, acceptance affected late deliveries, shall operate as a waiver affair provision In the event Of any delay, the Purchaser shall have, in addition to other legal and ryuiuble remedies, the option ofplacing this coder drawbcre and holding the Seller liable for damages. Hoacver, the Sella shall not he liable for damages ss a result of delays due m causes not teasumbly f snov able which no beyond its reasonable am=] Said without its fault of negligence, such ems of Gad, acts of civil or military authorities, govermnental prionties, fires, strikes, Bond, epidendes, wars Or riots provided that notice of the conditions taming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In the even) of any such delay, the date Of delivery shall be extended for the period al.I t0 the time actually last by reason ofh, delay. 3. WARRANTY. The Seller warrants Out all good, articles, materials and work Severed by this order will confamr with applicable drawings, specifications, samples urWor other descriptions given, will be fir for the purposes Worried, and perfofmed will the highest degree of mart and competence in acandme with ncceptW standard for work of is similar =me. The Seller agrees m hold the pumboor formless from any loss, damage or expense which the Purchaser may suffer or incur oa account of the Sellers breach of warmrty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects Or faults arising within one (I) year or within such longer period of time w may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of nerquar ce of the goods fumishal hereunder (acceparim not to be unreasonably delayed), mantling from imperfect or defective work done or materials fumhhed by the Seller. Acceptance or use of good by the Purolator shall not constimo is waiver of any claim unda this wrromy. Except as otherwise pmvidal in Nis purchae order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of rise foregoing Impurities or guarantees, but such liability shall in no event include loss of profits or Ims of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to Iega1 tams by women change order 5. CHANGES IN COMMERCIAL TERMS. The Punclawr may make any changes 10 the corms, other than legal terms, including additions to m deletions form the quantitics originally afde¢d In the specifications or drawings, by verbal an wrimm change order. If any such change affect the amount due or the time ofperformance herewder, an equitable adjustment shall be made. 6. TERMUNATIONS, The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of file goods then not shipped, subjat to any equitable adjustment between the parties as to any work or materials that in Pornew provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods mad/or work for incidental an conso contial damages, and that an such adjustment be made in favor ofhe Seller with rasped to any goods which art me Sellers suradard stock. No such termination shall relieve me Purchaser or the Seller of any Orman, obligations IS 1. any gaud delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assaned within thins (30) drys from the date the change or nomination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, Sold, delivered and famished in strict compliance with III applicable laws and regulations to which the good are stbjaL The Seller shall execute and deliver such damn... may be capital to off,,, or evidence compliance. All laws and tegularimru "mial m be ncorpomtal in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify And hold the Purchaser harmless from all costs and damages suffered by the Punhaer Or a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither perry sha11 ensign uamfq or convey this order, or any monies due or to became due hemu without the prior wdnm consent of the other patty. 10. TTTTE. The Sella wersnts full, clear and mresrrined title tome purchase, for It equipment materials, and it. fimtished in performance of this agreement, free and clear of any and all liens restrictions, raservatians, Security interest encumbrances and claims of others. The Settees contractual obligations. including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is vertical to use any design, device, material or proctor catered by liner, tzm.L frademah or copyright, me Sella shall indemnify and Save harmless the Purchaser from any and all claims for infringement by reason of me use of such panted design, device, material or process in exlmation with the contract, and shall indemnify, the Purchaser fun any cost, expense or damage which it may be obliged to pay by reason Of such infringement many time during the prosecution or after the completion of the work. In case said ryuipment, or any pan thereof or the intended use of the good, is in such suit held to comtimts Infringement and the use of Said entailment or pan is enjoined, me Seller shall, at its own expense and at its option, either promde for me Purchaser the fight to continue using said equipment or ports, replan the same with substantially cruel but nohinfdnging antiphonal, or modify it m it becomes mninfnging. 15. INSOLVENCY. If the Seller shall became insolvent or bandmpl, make an assignment for the berefrl of creditors, appoint a Truelove or broader, for any Of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNFE G LAW. no definitions oftefrm used or rise rotationa ion Ofine agreement wind the rights ofall parties hereunder shall be construed coder and pawned by Ne lawx of Ore State of Colorado. USA. The following Additional Conditions apply only in owes where the Seller is to perform work becomes, including the services of5dlers Representative(s), on the premises of others. IT. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers awn risk until the same is fully completed.d accepted, and shall, in Sae of any accident derttuctiom Or injury to the work .dtor numerals berate Seller final completion tined acceptance, complete the walk at Sellers own expense and m rise satisfaction of the Purehma. When materials and equipment x f ishcd by others for installation or motion by the Sella, the Seller shall receive, uhiwd, store and handle same at She site and become responsible therefor as though such materials .Nor equipment were being fumished by the Seller under the other. 18. INSURANCE, no 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 andim to their dependents in accordance with the laws of the sum in which the work is to be done. The Seller Shall also carry exmprehensive general liability including, but no, liming to, contmcmal tied automobile public liability imumnce with bodily injury and death limits of in least SJOo000 for any one Brown, S500,000 for any one accident read property damage limit per Incident of S4IE". no Sella shall likewise require his contmetoq if any, to provide for such compensation and insurance. Before any of me Sellers or his commetors employees shall do any work upon the premiss of others, the Seller shall famish the Purchaser with a artificare mm such compensation and insurance have ban 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. Ile Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby as times the more responsibility and liability fm any and all cla ins , lass our injury of.y Idnd to vmre whasoaer to persons or property caused by or reading, from 6e execution of the walk pleaded for in this pruchaae order or in connection herewith. no Seller will indemnify and hold harmless me Purchases and any r all of the P... hasers fi icors, agents and employees fiom and citrus, any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or progeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or defvufi on the pan of the Shcet any of his onuactors, or any of the Sellers or contractors oRcers, agents or employees. In core tiny sari, or other proceedings shall be brought anchor the Ruchaser, or its oRcers, agents; or employees at any time on reached m by reason of any ak action, megl.L omission or defnit, of the Sella of coy of his commcmrs or any of i. m 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 sit cosh, charges, em.m S fees and other expenses any and all judgments char may be incurred by or obuinal against the Purchases 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 obuinal against the progeny ofthe Purchaser, or Said parties in or ss a result of such ruin or other proceedings, me Sella will at once cause the same to be dissolved anal disubtrgod by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish .d install all guard necessary for the pmoventim of accidents, comply with all fives arad regulations with regard to Safety includer, but without limitation, fbe Occupatio.al Safety and Health Act of 1970 and all tales and regulations issued pursuaaf tberem. Revised 07a014