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HomeMy WebLinkAbout415055 MECHANICAL MASTERS INC - PURCHASE ORDER - 9142299Fort Collins Date: 04/24/2014 Vendor: 415055 MECHANICAL MASTERS INC 4217 EAST VINE DR FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9142299 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 04/23/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I INV 5131 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 5,753.62 Total $5,753.62 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tennis and Conditions Page 2 of 2 L COMMERCIALDETAIIS. Tax exemptions- By statute the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is H.NONWAIVER. 98-W502, Federal Excise Tax Exemption Cevificate of Registry 84-6000587 is registered with the Collector of Tritium of the purchaser to insist upon strict performance of the team and conditions hereof, failure or delay to harmul Revenue, Denver, Colorado (Ref. Coloado Revised Statutes 1973, Chapter 39-26, 114 bd) exercise any rlghb or mo dies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warard. or idd iam of this purchase aide, and shall not be deemed a waiver of any right of the damage in transit, may be resumed to you for credi, and we not to be replaced except upon receipt of written purchaser to insist upon short performance hereof or any of its rights or remedies as to any such gods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any porponed oral modification or rescission of this purchase order by the Pmcha er opemm as a waiver of any of the terms Impation GOODS are subjectao the City of Fon Collins impaction on arrival. hereof. Final Acceptance. Receipt of the merchandise, some. or equipment in response to this polar can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pan of the City of For Collim. However, it is to be understood that FINAL Seller and the Purchaser recognize last in actual economic practice, ovesrchara gresulting from comover ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchase. Theretofore nfotr good come and m consideration for executing this purchase order, the Seller hereby exam, to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.D., City of For Collins, 700 Wood St, Fort Collins, CO 80522, unless acquirnl under federal or state antitrust laws for such overcharges totaling to the particular goods or services whawisesperifted on his onler.11'permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not M accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where nournifficalwast base distributing points in vanom pans of the country, shipment is Ifhe Purchase, directs the Seller to curers nonconforming or defective gods by a dam m be agreed upon by the expedd from the nearest distribution point to doomation, and excess might will be devoured from Invoice when Purchaser and the Seller, al the Seller thereafter ind rotes its inability or unwillingness to comply, the Purchaser shipments are made from .,or distance may course the work to be performed by the moor expeditions mum available a it, and the Seller shall pay all costs axamimd with such work. . Permits Seller shall pmcum at sellers sole cost all necesmfy prnnin, certificmu and licenses required by all applicable laws, mgulatiom, ordinances and rules ofthe state, municipality, ternary or political subdivision where the work is performed, or required by any other duly comaimmd public ambanry havingjudsdiaion over the work of vendor. Seller further agrees to hold the City of Fort Collins hmmlas from and against all liability and loss incurred by them by reason of as asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Antananarivo, All parties to this contract agree that the representatives are, in fact. bow fide and possess full and complete authodry to bind said parties. LIMITATION OF TERMS, This Pashas, Order eapmssly limits scoeptwce to the no. end owdifi.m staid herein set fodh and any sripplememaO or additional forms and conglawas annexed hotel. a incorporated M1erein by reference. Any additional or diRerent moms and conditions proposed by seller arc objected to and hereby mart 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance mutt be off aed within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall op,,are as a waiver ofguis provision. In the evenI of any delay, the Purchaser shall have, in addition to other legal end equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Howaer, the Seller shall not he liable far Damages as a result of delays due to causes not maximally foreseeable which are beyond ifs fes sonable cpmml ad without its fault ofnegli,swer, such acts of God acts ofeisil or military authorities, govermmmml pnodties.firms, strikes, flood, epidemics, wars or Him provided but notice of the conditions causing such delay is given in the Purchaser within five (5) days of the time when the Seller first received knowledge thcnvf. In the event of any such delay, the date of delivery shall be extended far me period equal to the time actually lost by fason of the delay. 3. WARRANTY. The Seller warrants that all goods, ankles, materials and work covered by this order will confirm with applicable drawings, specifications, samples wdlnr other descriptions given, will be et for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a mile nature. The Seller agrees to hold the parlour, harmless from any loss, damage err expense which the Purchaser may sulfa or incur on account of the Sellers breach of waysnry. The Seller shall replace, roped, or make good, without cut to the purchase,, pay def is or faults arising within one (1) year or within such longer peril of rime as may be prescribed by law or by the menu of any applicable moment, provided by th, Sella rifler the date of acceptance of the goods Entombed h,rewder (acceptance rut m be umeasowbly delayed), resulting from imperfect or defective work done or materials f fished by the Sella. Acceptance or lice of goods by the Purchases shall rot institute a waiver of any claim under this waraoty. Except as mherwise provided in this Purim. ode, the Sellers liability hereunder shall extend ho all damages proximately mused by the breach of any of the foregoing smuscr ties or gwmmers, but such liability shall in no event include loss of profits or lass of as, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tears by written change order, 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terra, including additions to or deletions from the quarnaM originally ofdered in be specifications or drawings, by vobal or wduen change order. If any such change alTects the amount due or the time ofperbarmar ,hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may 51 any time by written change oiler, temsirate this agreement as as any o, on portions of the goads then not shipped, subject to tiny equitable adjustment between the parties as to any work or materials then in progress provided that the Pumbaer shall nor m liable for any claims for anticipated profits on the uncompleted portion ofthe goads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with muter, to any goods which see the Seller standard stock. No such trrmimmint shall relieve the Purchaser or the Seller ofany of their obli,.,ia-as to any goon delivered hereunda. V. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most h assured within guirry (30) days from the date the change or mrmmusho n is ordered. 8. COMPLIANCE WITH LAW. Ito Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict onnpliance with all applicable laws and re,film- a which the goads are subject. The Seller shall execute and deliver such documents as may m required to off,,, or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to interiorly and hold the Purchaser larmleas from all costs and dsmagm suffifurad by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shill assigns fromf , or convey this oiler, or any moan, due or to become due hereunder without the prior writhed consent ofgue .the, Ferny. 10. TITLE. The Seller towards full, clear and unrestricted title in the Purchaser for all equipmenr, materials, and items frmished in performance of this agreement, free and clear of any and all liens, restrictions, revelation, marmily interest manufactures and claims of others. The Seller shall release be Purchaser and its contractors of any tier from all liability mid claims of any nature resulting from the paf wormare ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, affairs and employees of,r ch party. The Seller's contractual obligations, including warranty, shall not Ise deemed to be reduced, in any way, because such work is perfarmd or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is requital to use any design, device, mutedal or process covered by later, paten, trademark or copyright, the Seller shall idemnify and save harmless the Purchaser from any avd all claims for inGngemom by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expene or damage which if may be obliged to pay by maven of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any part thereof or the intended use of the goads, is in such suit held m constitute infringement and the use of said equipment or pan is enjoinerl, the Seller shall, at in own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pars, replace the same with substantially equal but noninMnging ampmrnt, or modify if so if becomes noninGrnging. 15. INSOLVENCY. If the Seller shall become infolvenl u baM par, make an assignment far the bedefir of credi on, appoint a or tmsom far any of the Sellers pwpm,r or business, this odor nay foMwihh be awaked by the Purchaser withou, liability. 16. GOVERNING LAW. The definitions oftemts usd or the interpretation of the agreement and the rights of all ponies hereunder shall be consWd under and gavemed by the laws of the Sm a ofColomdu, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers R,presentative(s), on the premises ofo sum 19. SELLERS RESPONSIBILITY. The Sella shall carry oa said wok m Sellers own risk ..it the same is fully completed and amepm E and shall, in cane of any accident, destmcium or injury to the work anchor matmals before Sellers limit completion and acceptance, complete the work at sellers own expense and to den satisfaction of the Purchaser. When wormri il, and equipment are famished by others for installation or erection by the Sella, the Sella shall receive unload, store and handle same at the site and become responsible therefor as though such materials and/or equilateral were being famished by the Seller under the order. 18. INSURANCE. no Seller shall, at his own expense, provide for the payment of workers con,v raa000, including occupational disease benefs, to its employees employed on or in connection with the work covered by this purchase order, andlor to their dependents in accordance with the laws of the stain in which the work u to ho done. The Seller shall also cart, comprehensive general liability including, but not limited m, conuactaal and automobile public liability insumnec with bodily injury and dash lirtms of at least S300,000 for any one person. SSnQWO for any one accident and portion damage limit per accident of S400,000. The Seller shall likewise require his ommcmrs, if wy, to provide for such cou, asmiors not insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with . certificate that such compensation and insurance have been provided. Such c nificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and momme expims. The Seller agrees Char such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be entim responsibility and liability for any and all damage, loss or injury ofany kind at nature whatsauer m persons or property, comd by or resulting from the execution ofthe work provided for in ,his purchases, order or in coevedon herewith. The Sella will indemnify rand hold harmless the Pufhaer end any r all of the Purchasers ofces, agents and employees Tom and against any and all claims, lasses, damages, charges or expenses, wbether dine, a radical, and whether 10 persons or property t. which the Pworma may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, very of his contructors, or any of the Sellers or contractors oRc us, agents or employees. In case any suit o .,her proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on ina uum or by reason of any act, action, neglect omlssWn or default of the Seller of any of his commemrs or any of its of their officers, agents or employees as aforesaid, be Seller hereby agrees to assame the defense thereof and to defend the same at be Sellers own aspens, 10 pay any ad all costs, charges, altomeys fees and offer expenses, any cad all judgments but may be incurred by or obtained against be Purchaser or my of its or their officers, agents or employees m such suits or other proceedings, and in case judgment w other lien be placed upon or criminal against the property argue Purchaser, m said parties in m as a result ofsuch sets or other proceedings, the Seller will at once cause the ante to be dissolved and dlscbmged by giving board or pflmrwise. The Seller and his contractors shall take all safety precautioas, famish and install WE gnord necessary for the prevention Of accidents, comply with all laws and regulations wigu regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03R010