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HomeMy WebLinkAbout165318 CMS MECHANICAL SERVICES INC - PURCHASE ORDER - 9145250City of PURCHASE ORDER F`or_t Collins Date: 09/11/2014 Vendor: 165318 CMS MECHANICAL SERVICES INC 609 TECHNOLOGY CIRCLE SUITE A WINDSOR CO 80550 PO Number Page 9145250 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER QUALITY LAB CITY OF FORT COLLINS 4316 W LAPORTE FORT COLLINS CO 80521 Delivery Date: 09/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price PER PROPOSAL 4886 DATE-8/28/14 1 LOT LS 13,119.00 REPAIR & REPLACEMENT OF WQ LAB - EAST CONDENSING UNIT COMPRESSOR SN1807QO6584 Total $13,119.00 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 Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local faxes. Our Exemption Number is I L NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenificatc of Registry 84-5000582 is registered with the Collector of Failure of the Purchaser to insist upon strict Micrometer of the tames and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Coloado Revised Scures 1971, Chapter 39-26.114 (a), exercise any rights or remedies provided hemm m by law, failure to pmmptlY notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defecs of am' of the Sometiies or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in aarsit, may W remmd to you for credit and are not to W replaced except upon mcnpa of wrinp purchaser ro insist upon said Performance hereof or any arms fights or remedies as to any such goods, regandkss instructions from the City offon Collins. of when shipped, received or seceRmil, in 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 my of the ems Inspection. GOODS me subject to the City of Fos Collins inspection on arrival. hoof. r Final Acceptance. Receipt of the mcohandise, seeicrs or oquipment in response m this order can moult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the Pan of the City of Fact Collins. However, it is to be understood that FINAL Seller and rate Purchaser ¢cognize that in Social a nomic practice, overcharges resulting from andamt ACCEPTANCE is depend.nt upon completion of all applicable requird inspection procedures. violations art in fact home by the Purchaser. Therebfom, for good canoe and as moiderstion for executing this purchase Under, the Seller hereby assigns to the Purchaser any vnd all claims it may now hoc or hoeafler Freight Teress. Shipments mot be F.O.B., City of Fos Collins, 700 Wood St, Fon Collins, CO 80522, .Ness acquired under federal m sire antitrust lax. for such owrcher,ex return, to the particular goods or services otherwise speifd on this Undo. If permission is given to pa pay freight ab cluvge separately, the origiwl fir t purchased or acquired by the Parehazer pursuant to this purchase order. bill most accompany invoice. Additional charges For Puking will rml he accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment DistancesWhere manufaeuren have distdbtting an, a. varissus pans of the country, shipment is If the Purchaser racers the Seller be cmren nonconforming or detective goods by a date to IN wood upon by the expected from the rarest distribution paint to deduction, and excess freight will he deducted from Invoice when Purchuer and the Seller, and the Seller ther.afice ifidanues its iwbilily or unwillingness to romply, the Purchaser shipmcnu are made from ,.fee distance. may cause the work to be performed by the most expeditious men. available to it, and the Seller shall pay all casts associa.ed wi$ such work. Pertnis. Seller shall procure at sellers hole cost all necessary permits, crnifcates and licenses required by all applicable laws, regulations, ordinances and tales of the state, municipality, terdmry or political subdivision where The Seller shall release the Purchaser and its contractors of any per from all liability and claims of any mime the work is performed, or required by any other duly consticited public authority having jurisdiction over the wok resulting farm the performance of such work. of vendor. Seller (usher agrees to hold the City of Too Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, mgulariom', ordinances, rules This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees ofsuch party. Authorization. All parties to this contract agree that the representatives are, in fact, boas fide and possess bill and complete authority to bind said parties. LIMITATION OF TERMS. Mis Purchase Order expressly limits acceptance to the it., and conditions sorted herein set forth and any supplementary fir misnonal tines and conditions annexed hereto or incoryotated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT imnecdiamly ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of 1be roseate. Delivery and performance must be etTected within the time stared On the purview order and Om documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pasinl late deliveries, shall Operate a¢ a waiver of this prevision. In the event of any delay, the Purdraser shall most, in ddition , other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable fiof damages. However, the Seller shall not be liable for damages as a result Of delays due t0 causes not rensanably foreseeable which are hors nd its reasonable control and without its fault of negligence, such ads of God, aces of civil or mi limry authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or nets provided that native of the conditions taming such delay is given to Me Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date Of delivery shall be extended for the period egaal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifcatiom, samples ..rein othef descriptions given, will W fit for the purposes intended, and performed with thehighest degree of care and competence in accordance with accepted standards for work of a mil. whore. The Seller agrees 1. hold the purchaser hand. from any loss, damage or expense which the Purchaser may suffm or incur on account of the Seller branch of warranty. The Seller shall replace, repair m nuke good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as nary W prevented ted by law or by he corms of.ty applicable wam4nry pro.ic d by the Seller aver the rare of azcepane of the gods famished hereunder (Sccepunce not to he unreasonably delayed), resuhtfg from imperfect or detective work done or materials fumishd by the Seller. Acceptance m sett of gaud by Ore Purchaser shall not mwumhe a waiver ofany claim ceder this warranty. Except o otherwise providd in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, bat such liability shall in no event include loss of parries or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. 'lire Purchase may make changes to legal hands by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pu¢Mur may make any Hanged to Me on—. mMr than legal on—. including additions to or deletions from the quantities originally ordered in the Specifications or drawings, by verbal or wntten change order. if any such change affects the amount due or the lime ofper(ormpce hereunder, as equitable adjusment Shall he made. 6. TERMINATIONS, The Purchaser may at any time by written change order, attention, this agreement . to any or all'ar cos, of the goods then our shipped, Subject to any equiable adjmmord between the panics as 10 any work or materials then in progress Provided that the Purchaser shall nut be liable for any claims for anticipated pmfis oa the uncompheld portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment W made in favor ofthe Seller with ...post to any goads which per the Sellers standard stock. No such team m um shall relieve the Purchaser or the Seller of any of lhc,r obligations m 10 any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be inserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller waments that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents m may be required to e0'ece or evidence compliance. All laws and regulations required 10 W incorporated in agreements of this chnmcter pre hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless from all casts and damages suffered by the purchaser as a .all of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party Shull assign, transfer, or convey this order, or any monies due or to become due Remember without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants full, char and unrestricted title to the Purchaser for all equipment. materials, and items famished in performance of Nis agreement, free and clear of any and all thew, oveniniom, mwmfiom, security interest encumbrances and claims of others. The Sellers contractual obligations, including warranty, shall not he deemed to W reduced, in any way, because such wok is performed or caused e. be performed by the Purchaser. 14. PATENTS. Whenever the Seller is r,,.ilxd to me any design, device, material or mom. covered by line, parent, lmdeneurk or copyright, the Seller shill indemnify and save finless the Purchaser from any and al I claims for infringement by reason of the use of such patented design, device, material or process in connection with the commit, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the me of said uhuipmenl or pan is enjoined, .he Seller shin 1, at its own expense and at its option, either procure for the Purchaser be right 10 continue using said crepment or pans, replace the same with substantially equal but noninfnaging equipment, or modify it so it becomes nuninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bonkrupt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, this miler may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defimtlow of terms med or the interpretation ofthe agreement and the rights of all parties hereunder shall W convinced under ad governed by the laws of the Sate ofCo1mi USA. The following Additional Conditions apply only in cues where the Seller is to perform work herecunder, including the services of Sellers Represrntative(s), on the pmnue, of odam, IT. SELLERS RESPONSIBILITY. The Seller shall cart' on said work at Sellds own risk until the same is fully completed and notified. and shall, in case of any accident. determinism err injury ha the work andor mdemals before Selleh fcil completion and acceptance, complete the work at Sellars own expense and m the satisfaction or the Purchaser. When m.eriaB and eluipmrnt art f Bhed by others for installation or erection by the Seller, the Seller shall receive, unload, - ware and handle same at the site and become responsible number as though such mmcrials ani equipment were being famished by the Seller undo the aNe. 18. INSURANCE. The Seller shall, at his own expeme, provide for the pa great cf workers compensation, including ovempatlonal disease benefts, to its employees employed on or in connection with the work covered by this pauhxm order, and/or to their dependents in accordance with the laws of the sum in which the wok is to W done. The Seller Slash also carry compromeceive gem col liability including. but not limited to, contractual and anutomobile public liability insurance with bwlily injury and deaf limits of at least 53 W,OoO for any one person, 5500,000 for any one accident and property damage limit per accident of S40 ,0oo. The Seller shall likewise require his contractors, if any, ea provide for such compensation and insurance. Before any of the Sellers or his contractors employes shall do any wok upon the premises of others. the Seller shall famish the Purchaser with a certificate that such compensation and iwumum have been provided. Such ecsificmes mail specify the date when such compensation and insurance have bon provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that 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 the entice respowibiliay and liability for any and all damage, toss or injury of any kind or wore whatsoever to persons or property caused by or resulting from the execution ofthe 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 Purchave, officers, agents and employees from and against any and all claims, losses, damages, comers or expenses, whether direct or indirect, and whether to permits or property to which the Purchaser may be put or subject by mason of any act, action, neglect, omission or default on the an of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bmughl against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his commences or any of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, abomeys fees and office expenses, any and all judgments that may W incurred by or obtained against the Purchase or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lip W placed upon or Obtained against the property of the Purchase, or said parties in or as a result of such suis or other proceedings, me Seller will at once cause rate same to W dissolved and discharged by giving bond or otherwise. The Seller and his ememar ors shall bake all safety, precautions, furnish and install all guards necaary for the prevention of accidents, comply with all laws and regulations with argued to safety including, but without limitation, the Occupational Safety end Health Act of 1970 and all racks sod regulations issud pursuant thereto. Revised 072014