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HomeMy WebLinkAbout165318 CMS MECHANICAL SERVICES INC - PURCHASE ORDER - 3212154City of Frt Collins Date: 0112312012 PURCHASE ORDER Vendor: 165318 CMS MECHANICAL SERVICES INC 609 TECHNOLOGY CIRCLE SUITE A WINDSOR Colorado 80550 PO Number Page 3212154 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 Blanket Order Mechanical Services City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 1 LOT LS 15,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tux¢ Our Exemption Number is 98-04502. Federal Excise Tux Exemption Certificate of Registry 94-6000587 is mgistercd 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 arc not to be replaced except upon receipt of written instructions fmm the City of Fen Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof. failure or delay to cxcrcisc any rights or rcmcdics proeided herein or by law, failure to promptly notify the Scllcr in the event of n breach, the acceptance of or payment for good hacnndera approval of the design, shall not release the Scller of any of the onto ritics or obligations of this purchase order and shall not be deemed a waiver ofany right of the purchaser to insist upon strict performance herra for any of its rights m rcmcdics as to any 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 Porchnscr operate as a waiver ofany of the terms haeof. Final Acceptance. Receipt of the merchandise, services or equipmcrn in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be andersted that FINAL Seller and the Purchaser recognize that in actual economic practice overcharces resulting Form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pancreas violations are in fact borne by the Purchaser. Theretofore, fat goad cause and as consideration for executing this purchase order, the Seller hereby assign% to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fun Collins 700 Wood St., Fen Collins CO 90522, nalee acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services olhenvisc specified on this order. If permission is given to prepay freight and charge seprormly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Sella to correct nonconforming or defective good by a date lobe agreed upon by the expcctd fmm the nearest distribution point to destination, and execs% freight will be deducted from Invoice when Purchaser and the Sella. and the Sella thema0cr indicates its inability nrumvillim ness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the must expeditious means available to it. and the Seller shall pay all cost% associated with such work. Part Seller shall Talcum at sellers sole cost all accessary permits, catifiwtes and licenses required by all applicable laws. regulations ordinance% and mlc,, of the state, municipality, territory or political subdivision where the walk is performed, or required by any other duly constituted public authority having jurisdiction o,a the work of vendor. SCIIc, fimhcr agrees to held the City of Fen Collins harmless firm and again,, all liability and lac incurred by them by reason of an assened or established violation of any such laws, regnlatimw, ordinances, roles and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact bona Ode and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional tcmw and conditions annexed basic or incorporated herein by reference. Any additioml or different terms 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 can your promised delivery date as noted. Time is ofthe essence. Delivery and performance mutt be effected within the tints stated on the purchase order and the documents avxchcd hereto. No runs of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate ns a waiver of this provision. In the event ofany delay, the Purchaser shall have in addition to other legal and equitable rcmcdics, the option ofplacing this order elsewhere and holding the Scllcr liable for damages. However, the Sella shall not be liable for drmaga as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable connnl and without its fault of negligence, such act, ofGod, act, ofeivil or military amhontics, governmental pricrith s, rims. strikes. Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Scllcr first received knowledge thereof. In the weal of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by moon ofthc delay. 3. WARRANTY. The Sella warrants that all good, articles, materials and work covered by this order will confirm with applicable drawings, specifications. samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Scllcr agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellaa breach of warranty. The Sella shall replace, repair or make goad, without cost to the purchawr, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tame of any applicable warranty provided by the Seller after the date of acceptance of the good% famished hereunder (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or mammals famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately nnacd by the breach of any of the foregoing wamntics 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. The Purchaser mqv make changes to legal teats by written change orda. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the temu, other than legal terms. including additions to or deletions from the quanlirics originally ordered in the specifications or drawings. by verbal or vommir change order. If any such change affects the amount due or the time efpmfomance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, mb a, In any aquimble adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted pinion ofthe galls and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scller with respect or any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days form the date the change or lamination is ordered. R. COMPLIANCE WITH LAW. The Salter warrants that 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 arc subject The Seller shall execute and deliver such docummms as may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser hamdec fmm all costs and damages suffered by the Part as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or ony monies due or to become due hereunder without the prior lamen consent ofthe other party. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser (mall equipment, materials, and items fumishcd in performance of this agreement free and clear of any and all liars, restrictions, reservations, security interest encumbrances and claims of others. the Seller shall release the Purchaser and its contractors of any tic, from all liability and claims of any nature resulting Form the perfonrance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch piny. The Sclla's contractual obligations including warranty, shall not be deemed to be reduced, in any way, bars sc such work is perforated or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Iener. patent, trularmk or copyright, the Scllcr shall indemnify and save harmless the Purchaser form any and all claims for infringement by reason of the use of such premed design, device, material or pmcec in connection with the contract, and shall indemnify the Purehascr for any cost, expense or damage which it may be obliged to pay by reason of such infringe nmart at any time during the pmsaution or after the completion ofthe work. In ease said equipment or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its awn expense and at its option, either procure for the Purehascr the right to continue using said equipment or pans, replace the same with sabstnmially equal hot noninfringing equipment, or modify it so it becomes noninfringing. 15.INSOLVENCY. If the Sella shall bearom insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tone, for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tems used or the interpretation ofthe agreement and the rights of all panics hereunder shall be coromed under and gmmmcd by the Imvs ofthe State of Colomdo, USA. The following Additional Conditions apply only in cases when the Scller is to pafomm work hereunder, including the services of Sellars Repnsentativc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Sclla's own 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 before Seller's final completion and ,acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials and equipment me fumishd by ethers for installation or erection by the Scllcr, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Sella under the order. I R. INSURANCE. The Sella shall, m his own expense. pmv ids 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 to be done. The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and aumn ilc public liability insomacc with bodily injury and death limit, of at )cast S300.006 for any one payon. S500.000 for any one accident and pnoperty damage limit per accident of S400,000. The Sella shall likavisc require his contractors, fray. to provide fat such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work npnn the pr<nm isa of others, the Sella shall fiumish the Purchaser with a ecnifiezte that such compcnsmion and insurance have been provided. Such certificates shall specify the dale when such ennmensation and insurance have been provided. Such certificates shall specify the dote .when such compcsation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained omil after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby acumcs the entire responsibility and liability foram and all damage. loss or injury, ofany kind or nature whatsoever to persons or pmpeny caused by or resulting fmm the execution ofthe work provided far in this purchase order or in connection herewith. The Sella will indemnify and hold harnilcs, the Purchaser and any or all of the Purchasers officers, agents and employees farm 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 Pul or subject by reason ofany act, action, neglect omission or default on the pan of the Scller any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any snit or other proceedings shall be brought against the Purchaser, or its offcas, agents or employees many time on account or by reason of any act action, neglect emission or default of the Sella of ony of his contractors or tiny of its or their officers, agents or employees as aforesaid. the Scllcr hereby agrees to assume the defense thacef and to defend the same at the Sellers own expense, to pay any and all costs charges, anomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their offices. agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Parchawt or said panics in or as a result of well suits or other pmeeedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or olhcnvise. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with all laws and regulation% with regnnl to safety including, bill without limitation, the Ocetpational Safetyand Health Act of 1970 and all rules and regulations issued pursuant therein. Resioal 0312010