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HomeMy WebLinkAbout165318 CMS MECHANICAL SERVICES INC - PURCHASE ORDER - 9142174PO PURCHASE ORDER 914217er Page Cliff of PURCHASE 42174 tot z ' `tCollins( This number must appear V 1' on all invoices, packing sli s and labels. Date: 04/17/2014 Vendor: 165318 CMS MECHANICAL SERVICES INC 609 TECHNOLOGY CIRCLE SUITE A WINDSOR CO 80550 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 04/16/2014 Buyer: DOUG CLAPP Note: annual contract HVAC Line Description Quantity UOM Unit Price Extended Ordered Price I Police Services Replace tandom compressors on Police Services server AC unit. Install suction dryer, new contactor, dryer cores. ref. invoice # 28896 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 Total Invoice Address: 13,990.99 iR] 6111 1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 I. COMMERCAM. DETAILS. Tax exemptions. By suture the City of Pon Collins is exempt from state and local taxes. Cur Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.600058t is registered with the Collator of Failure of the Porchaa to insist upon strict performantt of the team and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). exercise any rights or remedies Provided herein or by law, failure to promptly ahfy the Seller in an event of n bench, the acceptance of or payment for goods hereunder or approval arm design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due W defect of any of the warranties or obligations of this pumhme order and shall not be deemed a waiver of my right of the damage in transit, may be rerumed to you for credit and are not to be replaced except upon receipt of wrinen purchaser W insist upon strict Performance hereof or any of its rights w remedies m to my such goods, regardless n instructiofrom The City of FortCollins. of when shipped, received or accepted, as to any prior or subsequenr default hereunder, nor shall any pimpaumd cal modmmtion or rescission of this purchase order by the Purchaser operate as a waiver of my of the tears Inspection. GOODS are subject to the City or Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services ar equipment in armies to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymem on the pm of the City of ran Cullom. However, it is W be understood that FINAL Seller and the Puchaser recognize that in acWd aonomic pmeics, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Protrusion. Theretofore, for good cause and m considemfion for executing this purchase order, the Seller hereby assign ro the Purchaser my and all claims it may raw have or hereafter Freight Trans. Shipments mast be, F.O.B., City of Fort Collins, 700 Wood St, Fort Collim. CO 80522, unless acquired under federal or suite antitrust laws for such overcharges missing ro the Particular goods or services otherwise specified on this order. Upermission is given to prepay, height and charge separately. the original freight purchased or narrowed by the Purchaer pursuant to Nis purchase order. bill not noona any invoice. Additional eM1mges far trucking will not be accepted 13i PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment have duration. point in rzriom pros the country, shipment n Where mnfial. direct the Seiler W lerremamncr No by the or debility rued by a daze W be aply, Ifthe Pureand armDisease. de expected f the nearest distribution point ro dmtiarion, roil excess freight will be deduced from Invoice when of ruicamg t the Seller, mJ me Seller thereafter;Micron its inability or unwillingness to comply, the Purchaser Pure t shipment arc made fiom greater distance. conewand may name the work to be performed by the most expeditions means available to it, roil the Seller shall pay all cost associated with such work. Permits. Seller mall procure atd sellers sole cost all necessary permit, cenifi am licenses required all or,, w laws, regulations, ordinances and miss ofthe sure, municipality, temrory or political Sundiver th where The Seller shall the Purchaser and its contractors of any tier from all liability, and claims of any nature 0e work is penfomted, required by any other duly public authority over the work the work i havingjurisdiction11 a pease resulting from the performance of such work. Too Call, and ell liability and loss vendor. Seller further agrees to hold the City of Fun Collins hfany s Irons and ia r regulations, in rend them by reason of an asserted or established violation of any such laws, regulations, ordinances, rvles This release shill apply even in event of fault of negligence of that parry released and shall extend to the re and requirement, rs,of of directors, officers and employees ofwch parry. Authorization All ponies to this contract agree that the represenutivu arc, in fact, bow fide and posxss fall am The Series contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because complete authority to bird said parties. such work 6 performed or caused to be performed by the Pusha ar. LIMITATION OF TERMS This Purchase Order expressly limit acceptance to the temts and On Witiom stated herein set Earth and any supplementary or additional terms and conditions smexad M1erno or incorporated herein by reference. Any additional or different news and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you comet md:e complete shipment to moire on your promised delivery data as rated. Time is of the nonce. Delivery anal performance must be At ad within the time stated on the purchase order and the documents amrch d M1ercto. No act of the Purchucrs including, without limitation, accepimce ofpartisl late deliveries, shall opemu as a waiver ofthis provision. In the event ofany delay, the Pualmoto shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due W causes not rensonably foreseeable which are beyond its rmmnable control and without its fault ofnegligence, such eats of Cod, act ofeivil or military ussharitin, govemmental priorities, fires, strikes, rood, epidemics, was or riots provided that notice ofthe conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event army such delay, the data of delivery shall be extearkd for the period equal to the time actually lost by man ofthe delay. 3. WARRANTY. The Seller warrant that ell good, articles, mdeids and work coverts by this order will conf with applicable drawings, specifications, samples mNor other descripriom given, will be fit for the purposes imeodad, and performed with the highest degree of core and competence in accordance with accepted standards for work or a similar nature. The Seller agrees to hold the purchaser lurmlesa from my loss, damage or expense which the Purchaser may suft or motion account ofthe Sellers branch of wenanty. The Seller shall replace, repair or make good, without cost to the purchase, my defects or faults arising within one (1) year or within such longer period] of time as may be prescribed by law or by the teams of any applicable watunry provided by the Seiler alter the data of acceptance ofthe good famished hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ow -fin or gmrantees, but such liability shall in no event include loss ofprofits or loss oime. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changer W legal it. by wainm change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changer to the terms, other than legal teats, including additions 10 or deletions from the question origirelly ordemd in the specifications or drawings, by verbal or wrinrn change order. If my such change afreet the amount due or the tine of,,f.se hereunder, an equitable whesment shall be made. 6. TERMINATIONS. The Purchaser nay at any time by wriuen change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the pamn n to any work or materials then in progress provided that the Purchaser shall not be liable for any duims for anticipated profits on the uncompleted portion cram good and/or work, for incidental or consequential damages, and that no such adjustment ne site in favor ol'the Seller with respect to any goad which are the Sellers sarma] stack. No such termination shall relieve the Purchaser or the Seller army of their obligations u W any good delivered hereunder. 'I. CLAIMS FOR ADJUSTMENT. Any claim for adjmtmem must be assenad within thirty (30) days from the date the cn n, m termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warms that all goods sold hereunder stall have been peodumaL sold, delivered and f isbed in strict compliance with all applicable laws and regulations to which the good are subject, The Seller shall execute and deliver such dominant, as ray be required to affect or e,marm compliance. All laws and regulatios approval to be, incorporated in agreement of this character arc hereby incorporated herein by this refmmce. The Seller agrees to indemnify and hold she Purchaser harmless from all cost and damages suffered by the Purchaser as a result of the Sellers failure W comply with such law. 9. ASSIGNMENT. Neither parry shall assign, maafn, or convey this order, or any monies due or W become due hereunder without he prior written convent afthe other parry. 10, TITLE. The Seiler warrant full, clew and ummtricud title to the Purchaser for all equipment, materials, and items famished in perrormmia of this agreement free and clear of my and all lima, rntrinnat, tmrnaft., —now interest eacumbrmces and claims ofotlum. 14. PATENTS. Whomever the Seller is required to use my design, device, material or process covered by lever, pient, trademark or copyright the Seller shall indemnity and save harmless the Purchaser from my and all claims far infringement by reason of the use of such patented design, device, mamnal or process in someminn with the coand, and shall indemnify the Purchaser for any cost, expense w damage which it may be obliged to pay by reason of such infringement to my time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the immded use of the goods, is in such suit held to constitute inGngement and the use of said equipment or Pan is enjoined, the Seller shall, at its awn expense mall at its option, either procure for the Purchaser the right to continue using said equipment or parrs, replace the same with substantially equal but mainfringing equipment, or modify it so it becomes noninfiinging. 15. INSOLVENCY. If the Seller shall become insolvent or banlaupt, make an assignmeot for the benefit of creditors, appoint a anciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. _ 16. GOVERNING LAW. The definitions armorer used or the interyrnation ofthe agmcment and the rights of ell ponies herewder shall be awassm l under and g.,.it by the laws ofthe Stele of Colorado. USA. The following Additional Conditions apply only in cases where do Seller is to perform work hereunder, including the services of Sellers Repmsevutisg,i), unmerited. ofothers. I?. SELLERS RESPONSIBILITY. The Seller shall cony oa said work at Suite, own risk until the acme is fully completed and accepted, and shall, in se of any accident, destruction or injury to the we& and/or materials before Seller's fiwi completion and acceptance, complete the work at Settees own expense and to the satisfaction of the Purchaser. When materials and aqulpmem art fumished by others far installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor as though such mamrids card/or equipment went being fumished by the Seller other the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including renegotiated disease benefits. Wits employees employed on or in connection with the work covered by this purchase order, andlor to their dependent in accordmrce with the laws of the sure in which the work is an Ee done. The Seiler shall also wiry comprehensive gmeral liability including, but not limited W. conmacmnl and mnumbile public liability insurance with bodily injury and demb limits of an least S300,00o but my one Perim, S500,00o for any one accident and partway damage limit per accident of S400,000. The Seller shall likewise require his exametan, army, W provide for such compensation and insurance. Before any of the Sellers m be contractors employees shall do any work upon the premises of others, the Seiler shall fumhh the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificams shall specify the date when such rope cation and insurance have been provided. Such certificates shall specify the date when such compemotion compensation insurance expires. The Seller agrees that such compensation and insurance shall be maintained until offer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby rear. the more aspoasTilit, and liability for any and all demage, loss or injury of my kind r attar, whatsoever to person or property caused by or resulting from rate execution of the work provided far in Nis purchase order or in connection herewith. The Seller will indemnify am hold hmmless the Purchaser and my in aft of the Purchasers officers, agent and employees cum and against any and all claims, loses, damages, charges w expenses, whether direct or indirect, and whether to persons or properly W which the Pwahaer may be put or subject by reason of my act, xenon, negler4 omission or default on the on of the Seller, my of his contractors, or any of the Sellers or contractors officers, agent or employees. In case my suit or offer proceedings shot be, brought against the Purchaer, or its officers, agent or employees at my time on account in by rcawn of my in, actimi, neglect, omission or default of the Salter of my of his coatuctors or my of its or their officers, agent or employees m aforesaid, the Seller hereby agna W assume the defense thereof and to defend the same in the Sellem own expense, to pay any and all cases, charges, atmmrys fees and other names, my and all judgments that may be incurred by or obtained against the Pumhmcr or any of it or their officers, agent or employees in such suit or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purehmer, or said ponies in or per a result of such suits or other proceedings, the Seller will at once muse the same to be dissolved and discharged by giving bond or mherwise. The Seller and his contractors shall take all safety precautions, fish and install all guard necessary for the prmemion of accident, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and d1 miss and regulations issued pursumt thereon. Revised 032010