HomeMy WebLinkAbout487612 EDGE MECHANICAL SYSTEMS INC - PURCHASE ORDER - 9141280Fort Collins
Date: 02/27/2014
PURCHASE ORDER
Vendor: 487612
EDGE MECHANICAL SYSTEMS INC
PO BOX 17566
GOLDEN CO 80402
PO Number Page
9141280 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 02/27/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 PLANT & GARAGE EQUIPMENT
WO # 304 SS FAN IMPELLERS FOR
DWRF ODOR CONTROL
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 Fart Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wrn
1 LOT LS
30,725.00
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
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from same and load razes. Our Exemption Number is
9S,)4502. Federal Excise Tax Exemption Certificate of Registry 84-601 is religionist with the Collector of
Itnemd Revenue, Denver, Colorado (Ref. Colorado Revised Suete 1973, Chapter 39-26, 114 pd,
GoaB Rejected. GOODS REJECTED due to failure to mere specifications, either when shipped or due to defects of
damage in transit, may be netumrd to YOU for credit and are not to be replaced except upon receipt of women
instructions from the City of Fos Collins.
Inspection, GOODS are subject to the City arrow Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in respome to this order can result in
authorized payment on the part of the City of Fort Collins. However, it ls to be understood that FINAL
ACCEPTANCE is dependent opan completion oral[ applicable required important procedures.
Freight Teets. Shipments most be TOM, City of Fort Collins, 700 Waal St., Fort Collins, CO 80522, unless
otherwise specified on this order. Ifpe rnmion is given to pmPay freight and charge separately, the original freight
bill most eccompanv invoke. Additional charee for Backing will not be command
Shipment Distance. Where manufacturers have distributing points in various pans of the cowrry, shipment is
expected from the neat¢t distribution paint in destination, and excess freight will be dedumed from Invoice when
shipments am made from greater distance.
Permits. Seller shall procure at sellers sale case all re reary permits, amifiales not licenses required by all
applicable laws, regradmirs, radio. area talcs of the sand, municipality, eaotory or political subdivision where
the work is performed, or required by any other duly comtimmd public authority having jurisdiction over the work
of vendor. Seller frther agrees to hold the City of 1.0 Collins harmless Rom and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, Ordinances, rules
and rMnirensents.
Authorization. All parties to this comrut ,Or that the representatives are, in fact bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits accepm o, to the terms and mndiumxs stated
herein act ford and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
re@ranee. Any additional of different mrms and conditions proposed by seller are objected at and hereby uje and.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you canmt make complete shipment 1. wn,c an your
promised delivery date on noted. Time is of the entrance. Delivery and performance most be offered within the time
mind on the pureham order and the documents attached hereto. No acts of rM Purchases includin, with..,
limitation, wmpwnce of pmi.1 late deliveries, shall operate m a waiver of this provision. In the wen, of any delay,
the Pumhum shall have, in addition to other legal and tyuitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damage. However, the Sella stall nor be liable for damage u a remit of delays
due to causes not reasonably foreseeable which are beyond its reasonable coat,.] and without its fault of negligence,
such acts of God, acts of civil or military, authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (3) days of the
time .tarn the Seller first received knowledge thereof. In the evens Of any such delay, the date Of delivery shall be
extended for the period equal to the time actually last by remwn of the delay.
3. WARRANTY.
The Seller warrants that all goals, article, materials and work covered by this order will conform with applicable
drawings, specifications, samples anNor other descriptions given, will b, fit for the purposes intended, and
Performed with the hrglown doge, Of cam and co artactus In ascoNau[e with Accepted standards for work of a
similar nature. The Sella agrees a Mid rM purchaser hamlcss from any It damage or expense which the
Parini may sulT or incur on account of the Sellers breach of wamny. The Sella shdl replace, repair m make
goad, without east to the purchaser, any defects a faults alising within one (I) year or within such longer period of
time u may be prescrihd by law or by Nc Imam army applicable..my provided by the Sella.0m tM date of
accepwnce of the goods fornidted herewder (acceptance not to be, unreasonably delayed), resulting form imperfect
or defective work done m materials fomished by the Seller. Acceptance or use of good by the Purchaser shall or
constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend a all damages proximately caused by the breach of any of the foregoing wammies
or guarantees, but such liability shall in no event include lass of profits or loss of tom. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes m legal terms by written change order
5. CHANGES IN COMMERCIAL TERMS.
The purchaser may make any changes to the rem.., other than legal terns, including additions to or deletions tram
the quantities originally ordered in the specifications or drawings, by verbal or women change ordm. If any such
change a@cts the amount due or the lime of performance hereunder, on cquiwble isjusmem shall be made.
6. TERMINATIONS.
The Purehasm may as any rime by wdmn chant, .,do, trmim a this agreemeot as 1. my or all pe.a.. of the
goods then tar shipped, sabjm, to any intuitable adjustment between rue parties as to any work or materials then in
pragrom Provided that the Purchaser shall ,ant be liable for any claims fir, anticipated mfits on the uncompleted
Portion orthe goods andror work, for incidental m marea usenful damage, and that no such ndlustmrnl be made in
favor of the Serer with respect to any good, which we the Sellers mmaard stock. No such termination shall reheve
the Purchaser or the Seller Of my of their obligations as to any goods delivered haewda.
T. CLAIMS FOR ADJUSTMENT.
Any I.iin fir adjustment most be namord within thirty (30) days Rom the date the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have ban produced, sold, delivered and famished in strict
compliance with all applicable laws and regulation to which the good are subject. The Sella shall execute and
deliver such documents as may ba required to effect or evidence compliance. All laws and regulations required to M
ncoryorated in agreements of this character art Mreby incoryo sted herein by Nis refinance. The Seller agree to
indemnify and hold the Purchaser harmless; form all costs and damages suffered by the Purchaser as a result of the
Sellers failure f comply with such law.
9. ASSIGNMENT.
Neither Party shall assign, mmfm, or convey this order, or my monies due Or to become due hereunder without the
prior wrinrn consent of the otha party.
10. TITLE.
The Seller wamnts full, clear and nonaligned title to the Purchaser for all equipment materials, and items furnished
in performance of this agreement, free and dear of my nod .11 lima, twoimicaa, reserva0ons, security inert
encumbrance and claims ofothers.
ILNONWAIVER.
Failure of the purchaser a trust upon strict performmme of the coma and conditions hereof. failure or delay to
any rights or mnedies provided bocci. or by law, fail— an instantly ratify the Seller its the event of a
breach, the acceptance ofor paymant for good Mre.nda or approval of the design, shall not„ lease the Seller of
any of the wamnties or obligations of this purchase order and shall sot be deemed a waiver of any right of the
purchaser to insist upon suitt Performance hereofor any of its rights or remedies as to any such goods, regaralws
of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toms,
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in acted economic practice, overcharges resulting from antihu.0
violations are in fact home by the Purchase, Theretofcre,nfor �good vase and as consideration for executing this
purchase order, the Seller hereby magmas to the purchaser any and all claims it may now have or hcmafta
acquired under federal or state amitruma laws for much overcharges relating a the particular goads or services
purchased or acquired by the Pumhasa pursuant W this poselow order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser direcm the Seller to correct nonconforming or defective goads by a date W be agreed upon by the
Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwilliagrmss W comply. the Purchaser
may moose the work to be performed by the moss expedi ustu memos available to it, and the Sella shall pay all
casts usociatal with such Work.
The Seller shall relcuse the Purchaser and its contractors of my tier from all liability and claims of any name
resulting from the performance of such work.
This release shall apply even in the went of fault of negligence of the party released and shall extend to the
directors, officers end employees of mch any.
The Seller's contactual obligations, including warranty, shall not be deemed an be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14, PATENTS.
Whauver the Seller is required as use any design, device, matrral or process covered by ]are, patent mdemack
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such Formted design, device, material m process in connection with the contract, mud
shall indemnify the Purcbaer fro any coo, in,. or damage which it may be, obliged to pay by reason of such
infringement at any now during the prosaNion or aver the rompinim of the work. In we said equipment, or
any for thermr or the intended use of the goods, is in such suit held to cotsstimte infringement and the sea of
said equipment or pan is rejoined, the Sella shall, at its own expense and at its .,,a.. either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nonini ingng equipment or modify it so it becomes nwinfir aging.
IS. INSOLVENCY.
If the Seller shall become insolvent or l o dimpt make an assignment for the benefit of creditors, appoint a
receiver err router for any of the Sellers property or business this order may forthwith be canceled by the
Purchase without liability.
16. GOVERNING LAW.
The definitions of tams used or the interpretation ofthe agreement and the rights of all probe hereunda shall be
construed under and governed by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder,
including the,mires of Sellers Represenutive(s), on the premises ofodic r,
17. SELLERS RESPONSIBILITY.
The Seller shall mrry on mid work at Sellers awn risk want she more is fully completed trod accepral, and shall,
in case of any accident dexturaiw or injury to the work major materials before Seller's final completion and
Acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchases. When materials
and tyair.-, are famished by others far installation or erection by th, Sella, the Seller shall receive, ndoad,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Sella under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including.ccupational
disease benefits, to its employees employed on or in correction with the work covered by this purchase order,
an lk r to their dependems in accordance with the laws of the stale in which the work is an be done. The Seller
shall also carry comprolsom ve general liability including, but not limited to, contractual and automobile public
liability insurance with buddy injury and death limits of ar least 53ou,N0 or any one Person, S500,o00 for my
one accident and property damage limit per accident of S400,000. The Sella shall likewise require his
cormorants, if my, at provide for such compensation aW invariant Bef any of she Sellers or his mnonctoas
employees shall do my wmk upon the premises of miters, the Sella shall famish the Purchaser with a cesiftrate
that such compensation and Inaumme have been provided Such mrtificme shall specify the date when such
compmmMn and irsumnce have been provided. Such certificate than specify the date when such compensation
mad m urance expire. The Sella ru r,e rat such compcessum o and inco mce shall be mainmirnd until after the
entire work a completed and uepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire ma,moibility and liability for any and all damage, loss or injury ofany kind
or mature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, looses, damages,
charges or expanses, whether direct Or officer, and whether to persons or property to which the Purchaser may
be put or subject by reason of any act, action, neglect omission or default on the part of the Sella, any, of his
contractors, or my of the Sellers 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 my time on ucount or
by crown of any act action. neglect, omission at default of the Sella of my of his contactors m any of its or
thou officers, agents ar employees as aforesaid, the Sella hereby agree to assume she defnese flaacof and to
defend the same at the Seller own eMs., to pay any and all costs, charges, i nomeys fees and other expenses,
any and all jmdgmmzs mha, may Is, incurred by or obtain i agurso the Pumbua or any of its or their officers,
agents or employees in such suits or other proceedings, and is case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said Famous in or as a result of much swim or other proccxdwgs,
the Seller will at mec cause the same to be dissolved and dies Mn by giving band or mherwise. The Seller and
his camrarors shall take all safety Precaution, fiunish and imwll all guards aecemry, fan the Provenzano of
Accidents, comply with all laws and regulation, with regard of safely including, but without limitation, the
Occupational Safety and Health Act of 1970 and all miss and regulation issued pursuant themo.
Revised 03Q010