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HomeMy WebLinkAbout165318 CMS MECHANICAL SERVICES INC - PURCHASE ORDER - 9142900Fort of PURCHASE ORDER Date: 05/21/2014 Vendor: 165318 CMS MECHANICAL SERVICES INC 609 TECHNOLOGY CIRCLE SUITE A WINDSOR CO 80550 PO Number Page 9142900 1 of 2 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: 05/21/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity OM Unit Price Extended Ordered Price DUPLICATE PAYMENT 1 LOT LS-1,225.52 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 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 1. COMMERCIALDEfAIIS. Tax exemptions. By smmre the City of Fort Collins is exempt from sate and laal taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statues 1973, Chapter 39.26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of damage in nansit, may be retumal m you for credit and are not to be replaced except upon receipt of arm m instructions from the City of Fort Collins. Impaction. GOODS are subject o the City of Too Collins imputation an accord. 11. NONWAIVER. Failure of the Enchanter to insist upon strict performance of the terms and conditions hemor. failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofir breach, the nccepmooe For p6'ntem for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of in rights or remedies as to any such goods, regardless of when shipped, received or aaeptM, w to any prior or subsequent default hereunder, nor shall any purported oral modification or «scission of this purchase order by the Purchaser operate as a waiver of any of the tom¢ hereof, Final Acceptance Receipt of the merchandise, services or equipment in respmax to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment no the pan of the City of Fort Collin. However, it is to be undersmod that FINAL Seller and the Purchase rttognise that in actual economic practice, o charges resulting from antitrust ACCEPTANCE is dependent upon completion of al I applicable required inspection proeduvi cres, olations are in fact home by the Producer, Theretofore « for good cause and as consideration for executing Nis purchase order, the Seller hereby assigns to care Purchaser any and all claims it may now have or hereafter Freight Tents. Shipments must be P.O.B., City of Pon Collins, 700 Woad St., pan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services mhervow specified on this order.If,mailamn is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase ordeu bill must accomnanv invoice. Additional cbarees for nackina, will not be acceptor. Shipment Distance. Where manufaeturen Save distributing points in various pans of the country, shipment is expected from the nwreat distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made from greater distance. - Permits. Seller shall procure at sellers sole cast all naessary permits, certificates and littrrses ¢quirts by all applimble laws, regularoms, ordinances and miles ofthe state, municipality, tenhory or political subdivision where the work is perforated, or rtyuired by any other duly computed public authority havingjurisdiction over the work of vendor. Seller further agres m hold the City of End Collins Families front and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulators, ordinances. mles and requirements. Authoritarian All peon to this contract agree that the reprtxntatives are, in fact, bum Rde aid possess full and complete anthonty m bind said Plies. LIMITATION OF TERMS. This Purchase Order expressly limits on. in the terms and condition stated herein sn form and any supplementary or additional tenor and conditions marmand hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to mid hereby reporter. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT monomial, if you cannon make counties, shipment to arrive on your promised delivery date as noted. Tillie is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No was of the Purchasers including, without liroun on, acceptance of partial In. deliveries, shall operate is a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this order elsewhere all bolding the Serer liable for damages. However, the Seller shall rot be liable for damages w a result of delays due ,o..s not camnably foresaable which are beyond its reawnble control aril witheut its fault of negligence. such acts optics, acts ofcivil or military conscious, governmental pralines, fires, strikes, Rood, 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 Seller fast morived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the pound egmd m the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, anides, materials and work covered by this order will conform with applicable drawings, specifications, sample mucDor «me, description given, will be fit for the purymal comment, and performed with the highest degree of care and competence in accordance with accepted standards for work of a uffir nature. The Seller agrees to Each the producer modest from any loss, damage or expense which the msuffer Purchaser ay or incur on account of the Sellers breach of wmd anry. The Seller shall replace, beam m make good, without cost to the purchaser, any defects vw faults ailing within one (I) year or within such longer period of time as may be prascibd by law or by the terms of my applicable warranty provided by ore Seller after the date of acceptance of me goods famished hereunder (acceptmnce not to be unreasonably delayed), resulting from imperfect or defective work done a nationals prompted by the Seller. Acceptance or fie of goods by the Purchase shall not rsd rate a waiver of any claim under this warranty. Except as 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 warranties 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 Purehwe may make changes m Segal terms by wfnrn change over. 5. CHANGES IN COMMERCIAL TERMS. The Purchw may make any changes to the terms, other than legal Towns, including additions to or deletions from the quantitiesoriginallyordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount dire or the time of perfomtance hereunder an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnm change polar. terminate this agreement as to any or all pompon of the goods then not shipped, subject to any equitable adjustment between the panics ss on any work or matelot then in progress provided that the Purchase shall net he liable for any claims for anticipated Profits on the uncompleted Remain of the Bands and/or work, for incidental or consequential damages, and that no such adjuwment be trade in favor of the Seller with respect to any goads which ere the Sellers standard stock. No such temtintion shall relines the Purchase or the Seller of any of ibex, obligation as to any goods delivered hereundef. 3. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warren¢ chat all goads sold hereunder shall have been prudumed, sold, delivered and furnished in strict ompliance with all applicable laws and regulation for which the good are subject. The Sella shall execute and deliver such document rsmay he requiredd m effect in evidence compliance. All Was aM regulation requir dtobe ncorpomrcd in agreement of this character me hereby incorporated herein by this reference. The Sella agrees to indemnify cad hold the Portions harmless from all cost and damages suffered by the Purchaser w a it of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall wsign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wdnen consent of the other party. 10. TITLE. The Seller warrant full, clear and timmniaed due In the [somehow, for all equipment nnlsai t, add it. famished in performance of this agreement for stood clew of any and all lieu, wesidefiona, reminders. secmiry interest mcuinbranus and claims of virtual. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifihe Purchaser directs the Seller to correct nonconforming or defective goods by a date R, be agreed upon by rise I'urohaxr and fire Seller, and the Seller thereafter indicates its inability or unwillingness W comply, the Purchazer may class, the work to be Raf imtrd by the most expeditious mean available to it, and the Seller shall pay all cost sa aiated with such work. The Seller shall release the Purchase, and its antmetors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry renewed and shall extend ro the directors, officers and employees ofsuch pang. The Seller's mntmetual obligation, including womany, shall not he deemed m be reduced, in any way, baac re such work is performed in cauxd to be performed by the Purchase. 14. PATENTS. Whenever the Seller is required to mor any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shell indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such inliingemen, at any time during the prosamion or after the completion of the work. In cox said equipment, or any part thereof or the intended use of the goods, is in such suit held or constitute infringement and the use Of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Parchmv the fight to continue using said equipment or tarns, replace the, same with scommunity equal but aoninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bmkmpe, make an assignment for the bene0, of creditors, appoint a receiver or settee for any of the Sellers properly, or business, this oMer may forthwith be canceled by ore Purolator without liability. 16. GOVERNING LAW. The definitions offerors used or the interpretation of the agreement and the fights of all ponies hereunder shall be orswed under and gc.d by the laws ofthe State of Culomdo, USA. The following Additional Condition apply only in caac,i where the Seller is an perform work hereunder, including che savicm of Sellers Reptrappe rive(s), on the premises of others. 11 SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellels own risk until the same is fully completed and accepted, and shall, case,in of any accident, destrvetion or injury to the work coil materials before Sellels Final completion and acceptance, complete the work at Sellels awn expense and to the satisfaction of the Purchaser. When nationals and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor w though such materials and/or equipment were being furnished by the Seller under the pubs. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers cumpesation, including ac rpationl disease benefits, W its employats employed on or in connection with ore work covered by this purchase order, andfor to their dependents in accordance with the laws of the state in which the work u to be done. The Sella shall also carry comprehensive general liability including, but not limited to, conformal and automobile public liability insurance with bodily injury and coach limits of at leas, E300,000 for any one panic. S500,000 for any sone <ciden, and property damage limit per aocidcnt of $400000. The Seller shall likewise require his amtracmrs, if any, to provide for .on c ordsco miun and insurance. Before any of the Se11ma or his conmactim employees shall do any work upon the premises of others, the Scale shall fumish the Purchaser with a certificam that such compensation and insurance have been provided. Such a iftcares shall spcify the date when such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and imivavice shall be normo fined until after the aria work is completed end accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assume me mote mspomibllim and liability for any and all damage, loss or injury of any kind or nture whatwever to person or pmpeny caused by or reeulling from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hmmlrss the Pumhaar, and any or all of the Purchasers otficess, agent, and employees from and again any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of any act, action, negleet omission or default on the pan of the Seller, any of his ontractors, or any of the Sellers or comments, officers, agents or employees. In case any suit o other proceedings shall be brought again, the Purchazer, or its officers, agent or employees at my time on account or by morn of any act ardor, Zlea, omission or &fact, of the Sella of my of his contractors or any of its on their offered, agents or employees as aforesaid, the Sella hereby agrees or assume the defy se thereof and to defend the same an the Sellers own expense, to Jury my and all cost, charges, i noms,ys fees and other expenses, any and all judgment that may be incurred by or obtained against the Putchvs u 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 pmpeny of the Purchaser, or said parries in or w a result of such suits or other proceedings, the Seller will at once cattle the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, fumish and install all guards necessary for the prevention of rotational, comply with all laws and conferees with regard to safety including, but without haftertlon, the Occupational Safety and Health Act of 1970 and all ales and regulations owned Portland thaem. Revised 032010