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HomeMy WebLinkAbout165318 CMS MECHANICAL SERVICES INC - PURCHASE ORDER - 9145747PO PURCHASE ORDER 914574er Page C117/ of PURCHASE 9145747 ' of z ' `t Collins This number must appear ` on all invoices, packing sli s and labels. Date: 10/06/2014 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: 10/03/2014 Buyer: DOUG CLAPP Note: ref. HVAC annual contract # 7359 Line Description Quantity UOM Unit Price Extended Ordered Price 300 LaPorte Ave, Ops Svcs 1 LOT LS 12,142.00 Remove/replace two compressors per quote #4906. Price includes cost of compressors. 'tvllil P,4 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 Total Pay terms net 30 days Invoice Address: 12.142.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Te,ms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By want the City of Fan Collins is exempt from stem and local tarn. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifcate or Registry, 84-0300587 is beginner, with the Collector of Failure of der Purchaser W insist upon strict pert nee ofthe toms end conditions hereor, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised SaWtes 1973, Chapter 39-26, 114 (a). exerdse any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the aeceptmec.fm payment for goods hereunder or approval argue design, shall not release the Seller of Goads Rejmted. GOODS REJECTED due W failure to mat specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deem, a waiver of my right of the damage in transit, may be rammed to you for credit and are not m be replaced except upon receipt of written Purchaser to insist upon inner performance hermfor any of its rights or «medics as W any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported mad m,i ficmim or rescission of this pmchase order by the Purchsser operate as a waiver of any of the mars Inspection. GOODS are subject to the City of Fan Collins inspection on arrival hereof. Final Acceptance. Receipt of the merchandise, services or.luipment in response to this order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS, ambedzed payment on the pan of the City of Fort Collins. However, it is 10 be understood thatFINAL Seller and the Pumhaser recognize Nat in actual economic practice, overcharges resulting f . antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact by the Purchases, Theretofore, forgo, cause and m consideration for execvling this borne purchase order, the Seller hereby assign W the Purchaser any and ail claims it my now have or h.onf. Freight Terms. Shipments must be F.O.B., City of Pon Collins, 900 Wood St, Fort Collins, CO 80522, unless acquired under federal or score Moment laws for such overcharges alwmg to the particular goods or services Otherwise speeifed on this order. if,canission is given to prepay freight and charge imbately.,he original freight purchased or mquiad by the Furchamr pursuant 10 this purchase order. bill must accompany wvoicc. Additional charges for packing will out W accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment havcd'uation,ncad pens the manution Ifffic ttdiS theSellertocor goods mbeagreed a datelingness nonconformingerindiordebility' excesnreight de dfromcourt, voice when expected fmm the nfrom distribution point to destination, and excess freight will be deducted from Invoice when aw theemacen pi wpmbythe andits inability or ilingass bM compty. the Purchaser Purchsser and the Seller, and the meld the or unw Purchase, shipments arc made from greater distance. may =see the work m ch performed by the most expeditious mean anilable to i,, and the Sella shall WY all by the most available casts associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses squired by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold ,he City of Fan Collins harmless fmm and against all liability and lass incanted by them by reason of an asserted or established violation of my such Iowa, regulations, ordinances, rules .it re,mannenu. Authodmtion. All panics in this contract agree that the apres bastives are, in fact bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly ]arms acceptance to the tams and conditions stated herein set foM and any supplementary or additional terms and candirio= armexed hereto or incorporated herein by rv&renca. Any additional or dilfermt rams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to native on your promised delivery dare as noted. Time is of Ne essence. Delivery and peRortana must be Abend within the time stated on the purchase order and the documents attached hereto. No secs of the Purchasers including, without limitation, acceptance organic] late deliveries, shall operate as a waiver of this provision. In the event many delay, the Purchase, shall have, is addition mother legal and equitable remedies, fe 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 nut ma,w nd, foreseeable which are beyond its reasonable fomrol and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) days of the time when the Sella fast received knowledge thereof. In the ever of my such delay, the date of delivery shall be extended for the period equal to the now mmally Ion by reason of the delay. 3. WARRANTY. The Seller warmers that all good, articles, materials and wotk covered by this order will conform wit applicable drawings, specifications, sample, unNor other dcuriptiots given, will be fit for the purposes intend,. as performed with the hippest degree of was and comp.enec in accordance with accepted standards for work, of is similar =lure. The Seller agrees to hold the purchaser harmless from any loss, damage or cxperes, which the Purchaser may suffer or incur on acrount of the Sellers breach of warmly. The Sella shall replan, repair or make goad, without cost to the purchase,. any &fee. or faults arising within one (1) year or within such longer peel, of time as maybe p sawribnd by law or by the rears of my applicable wwwwy provided by the Seller after the date of i ces,rance of the goods furnished hereunder (acceptance not to be Measurably 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 of any claim under this warranty. Except ns otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages prow Mindy caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of prefix or loss of use. NO IMPLIED WARRAWY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes us legal tenor by wrincn change other 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal mums, including additions to or deletions fmm the quantities originally ordered in the spagfcations or drawings, by verbal or written change order. If any such change affects the amount due on the time ofperfoamance, hereunder, an equiable ajustrmm shall be made. 6. TERMINATIONS. The Purchaser may at eery time by written change under, terminate this Mwwaa t . many or all Paribas of the goods then not shipped, subject to any Mumble adjustment between the parties as to any work or Materials then in progress provided that the Pumhaser shall not be liable for any claims for anticipated protu on the uncompleted Own- of the goods sea&., work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with raped W my goods which am the Sellers standard stock. No bud, termination shall relieve the purchaser or the Seller of my oftheir obligations ss to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim In, adjustment most be asserted within thirty (30) days farm the dam the change or mrm mumn is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants the, all goads sold hereuaer shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which the bond art subject The Seller shall execute and deli,. such d«umm,s as may he regaired,o a@e, or evidence compliantt. All laws and regulations required to be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from all toss and damages sulTead by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither may shall assign, transfer, or convey this order, or my monies due or to become due hereunder Milan., the prior written consent of the other pay. 10. TITLE. The Seller worrmts full, clear and un esuicied title to the Purchaser for all equipment mmenals, and items f ished to perficarrome of this agreement free and elm of my and all lie=, restriction, b senttions, sourly whom encumbrances and claims of others. The Seller shall release the Purchsser and its manic m, of any tier form nil liability and claims of any nature resulting from the perlbrm eve ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Seller's commensal obligations, including warranty, shall not be domed to he induced, in any way, because such weak is performed or embed to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is aquiad to on, any design, device, material or process covered by lever, patent, trademark or copyright. the Sella shall indemnity a, save M1atmlow the Purchaser from any and all claims for infringement by meson of the use of such patented design, device, Material or process in connection with the contract, and shall indemairy the Purchaser for any cos, expense an damage which it maybe obliged in Pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equip nc n, or any pan thereof or the intended use of the goods, is in such suit held to conslimm infringement and the use of said .luipmem or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringiing. IS. INSOLVENCY. If the Seller shall become insolvent or bat trap, make an assignment for the benefit of creditors, appoint a receiver 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 defndims of tans used or the interpretation ofthe agreement and the rights ofall parties hereunder shall e comhued under and governed by the laws of the State ofColmods, USA. The following Additional Conditions apply only in count where the Seller is in pert work hereunder, mduding the service ofScll. Repauntative(s), on the prcmisn afmhcrs, It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accept,, and shall, in e of any accident, destruction or injury to the work anther materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pumhas.. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive, O.I.A. store and handle same at the site and become responsible therefor ex though such materials midair equipment were being famished by the Seller under the order. I& INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compen=tim, including Occupational disease benefits, W its employees employed on Or in Obtained.. with the work rover, by Ibis purchase order, anther to their depcndenu in announce with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited W, communal and automobile public liability insurance with Iwdily injury and death Items of at least S300,000 for any ram Person. 5500.00) for any ere accident and property damage limit per accident of S400,000. The Seller shall likewise Oregon, his if my, to provide for such compensation sand ins e. Before any of the Sellers or his contractors employers shall der any work upon the premise of others, the Seller shall famish the Purchaser with a mufcate that such compemsaion and insurance have been Provided. Such emigrates shall specify the date when such omproccom and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. lib Seller agrees that such compensation and insurance shall be maintained until an,, the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby mixtures the entire responsibility and liability for any and all damage, loss or injury fany kind r mina whauavcr to persons or property caused by or resulting fmm 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 Furthasers oMr., agents and employees from and against any and all claims, losses, damages, clumps or expenses, whether direct or indirect and whether to persons in property to which the Psimmuscr may be put or subject by from of any sec, oction neglm, omission or defaull on the Isar of 0m Seller, my of his ran ercmrs, or my of the Sellers or common, officers, agents of employ e, In case any suit an other proceedings shall be brought at., the Purchaser, or its oRcers, agents or employees at any time oo act. or by brawn of eery wL action, neglect omission or default of the Seller Of MY Of his contracors Or any of its or their officers, agents or employees as aforesaid, the Seller hereby agars W assume the defense thereof and to defend the same in the Sellers own expense, to pay any and all cows, charges, ateomeys fees and other expenses, my and all judgments that maybe incurred by or obtained against the Purchases or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or ofer lim be placed upon or obtained against the property of the Purchaser, or said parties in or es a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or cdarw. iw. The Seller and his contractors shall take all safety premiums, famish and instill all guard necessary for the prevention of accidents, comply with all laws and regulations with regard W safety inching, but without Radiation, ,he Occupational Safety and Hmlth Act of 1910 and all miles and regulatiom issued pursumt thereto. Revised 07n014