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HomeMy WebLinkAbout165318 CMS MECHANICAL SERVICES INC - PURCHASE ORDER - 3215283PO PURCHASE ORDER 321528er Page City of PURCHASE 3215283 1012 ' `t ( of fin C This number must appear ` v ` J on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 165318 CMS MECHANICAL SERVICES INC 609 TECHNOLOGY CIRCLE SUITE A WINDSOR CO 80550 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order Mechanical Services 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 40, 000.00 Total 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 L COMMERCIALOETAILS. Tax exemptions. By statute the City of Fen Collins is exempt from state and local taxes. Our Exemption Number is I I. NONW AIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions harm( failure or delay to Integral Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptanm 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 worm shipped or due to defects of any of the .,.hes or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit may be rouged to you for credit and are not so be replaced except upon receipt of wriven purchaser to insist upon strict performance herenfor aryof its rightsor remedesss to anysuch goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported aril modification or rescission of this purchase order by the Purchaser operate as a waiver of soy of the terms Inspection. GOODS are subject o the City of Fog Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, services r equipment in response to his order cresult in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of me City of FunCollins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion wall applicable required inspection procedures violations are in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O B., City of Fen Collins, 700 Wood St_ Fort Collins, CO 80522, mess acquired under federal or stae women laws for such overcharges relaring to the particular goods or services otherwise specifed on this order. Vpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuwuo this purchase order. bill must accompany invoice. Additional charges for Tacking will net be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distnce. Where manufacturers have domuung pain in vanom parts of the country, shipment is If the Purchaser eirecu the Seller to correct nonconforming or defective goods by a date to be agreed upon by the exyccted from the nearest distribution ,or to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the most expeditious mews available to it and the Seller shall pay all costs associated with such work. Pevtuw. Seller shall procure at sellers sale cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, county or political subdivision where The Seller shall release the Purchaser and its condemors of any tier from all liability and dairm of any ..We the work is performed or required by any other duly committed public matronly having jurisdiction over the work resulting from the performnce of such work. of ender. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or enabliahed violation of my such laws, regulations, ordinances, toles This release shall apply even in the event of Ends of negligence of the party released and shall extend to the and requirements directors, gRcers and employees crunch parry. Authonvtion. All parties to this contract agree than the rryrasentatives are, in fact you fide and possess full and The Sellers command obligation, including wardnry, shall not be deemed to be reduced, in any way, because mra doe authority to bind said parties such work is performed or caused Ig be performed by the Purchaser. LINBTADON OF TERMS. This Purchase Order expressly limits ucepance to the terms and conditions sated herein sex forth and any supplementary or additional terms and enormous womm hereto or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are objected to and hereby rejected. 2. DELNERY, PLEASE ADVISE PURCHASING AGENT immNiuely if you cannot make complete shipment to arrive con yew promised delivery date . noted. Time is of Ne essence Delivery and entformnce must be effected within the time swell on the purchase order and the documents anacAed hereto. No acts of the Foreigners; including, without Intended, acc,,.ra of paru d late deliveries, shall openers,. a waiver of this provision. In the event of any delay, the Purchaser,hall have, in addition to other legal and agat remedies. Ns, option wplacing Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages. a result of delays due to causes not reasonably foreseeable which are beyond is reasonable control and without its fault of negligence, such acts of God, ag6 of civil or miliary authorities, gov --W gnomes, fires, strikes, flood, epidemics, was or now provided ther notice of the cmddons causing such delay is given to the Purchases within five (5) days of the rime when due Seller fin received knowledge thereof In the event of any such delay, due date of delivery shall be extended for roe period equal to the time utually lost by reason of due delay. 3. WARRANTY. The Seller warrants that all good, articles, generals and work covered by this order will conform coda applicable growing, specification, samples anNor other descriptions give, will be fit for the purposes intended and performed with the highest degree of care and competence m accordance wind accepted standards for work of a similar nature. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer m incur w agreed of the Sellers transit of warurty. The Seller shill replace, repair or make good, winding cast w the purchaser, soy defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable waranry provided by the Seller after the date of acceptwce of the good famished hereunder heorp ace not to be unreasonably delayed), resuldng from imperfect or defective work done or nationals famished by the Seller. Acceptance or use of goods by the purchaser shill non constitute a waiver of my clam under Nis warranty. Except as otherwise provided in this purchase order, Ne Sellers liability hereunder shall extend to ill damages proximately caused by the breach of soy of the foregoing wanner. or guarantees, ben such liability shill in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABRRY OR OF FRMSS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make change to Iowa] terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Peas huser may make any changes to doe terns, other than legal term, including additions to or deletions from the quantities congenially ordered in the specifications or drawings, by verbal or wroncin change order. If coy such change aRects the amount due or the time of performance hereunder, an equitable adjustment shill be made. 6 TERMINATIONS. The Purchaser may w any time by women change order, terminate this alignment as to soy or all portions of the good then not shipped, sobject to my equitable adjustment between the parties . to coy work or matenals then in progress provided Nat the Purchaser shall not be liable for my claims for anticipated Figures on the uncompleted portion of the good and/or work, for incdental or consequential damages. and that no such adjustment be made in favor of the Seller with respect to soy good which are dre Sellers standard crock. No such tetminaaan shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 9. CLAIMS FOR ADNSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW_ The Seller warrants that all good sold hereunder shill have been produced, sold, delivered and famished in onot compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents. may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorpoaed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by me Purchaser. a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the poor written consent of the other parry_ 10 TITLE. The Seller warmers full, clear and unrmtncted tide to due Purchaser for all equipment, mttenals and items famished in lrmrmnce of this agreement free and clear of my and all liens, restrictions, reservations, security interest mcumbrunces and clams retention 14, PATENTS. Mannyer the Seller is required to use any design, dem vice, aterial or process covered by lanes, patent m tradeark or copyright the Seller shill indemnify and save herMess the Pureuser from any and all claims for infringement by reason of the use of such parented design, device, mazeral or process in connection with the contract and shall indemnify the Purchaser for my cost expense or damage which it may be obliged to pay by reason of such infnngemmt it, soy dnae during the p.imi n or after the compdeaw of the work. In eau said equipment or any pan thereof or the intended use of the good, is in such now held to connimfe infringement and the me of said equipment or pan is enjoined, the Seller shill, at its own expense and at its optiw, eiher procure for the Purchaser the right to continue wing said equipment or parts, replace the same wind substantially equal but rominGanghng equipment or modify it so it becomes mniefnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for coy of due Sellers property or business, this order may fiddho d be caneeled by the Purchaser without liability. 16. GOVERNINGLAW. The definitions of arwed ed or the interyreation of the agreement and the rights ofoll parties hereunder shall be congarued under and govcmed by due laws of the Sate of Colorado, USA. The following Adeliuonal Conditions apply only in cases where the Seller is to perform work hereunder, indudng Ne serviar of Sellers Repreunueivc{s), on Ne premises of gghcrs. It SELLERS RESPONSIBILITY. The Seller shall carry on sand work in Sellers own nsk wad the same is fully compered and accepted and shall, in case of soy accident, contraction or injury to due work wNor materials before Sellers Gnat completion and reception, complete the work at Sellers own expose and to the sausfution of due Purchaser. When maings, and equipment are famished by orders for installation or woman by the Seller. due Seller shall receive, unload store and handle same at the site and become responsible therefor m though such materials andtrr equipment were being famished by the Seller coder the order. IS. INSURANCE. The Seller shill, at his own expense, provide for due payment of workers compensation, including occumm nil disease boteGa, to its employees employed on or in connection with drc work covered by this purchase order, .&or to their depcndents in acmrdwu wind the laws of the awe in which the work is to d done. The Seller shall day only, comprehensive general liability including, but not limited w, contractual and auwmobile public liability insurance with bodily injury and death limits of an how SJ... for any one person, $500,000 for soy one accident and property damage limit per accident of S400,000. The Seller shall likewise require his crograccons, if any, to pmmde for such compensation and insurance. Before my of the Sellers or his contractors employees shall do coy work upon due premises of others, the Seller shill famish the Purchaser with a certificate Nat such cumpenaation and insurance have been provided. Such c mficztes shall specify the date whn such compensation and insurance have been provided Such caruficates shill specify the date when such compensation and insurance expires. The Seller agrees not such compensation and insurance shall be manained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby...as the entire responsibility and hadinliry for any and At damage, loss or injury of any kind or nature whatsoever to persons or prosperity tamed by or r.ulung from the execution of the work provided for in this purchase order or in momentum herewith. The Seller will indemnify no hold harmless the Purchaser and any or all of the purchasers officers, was and employees from and agmen my and all clams, lose, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act union, neglect, omission or default on due pan of the Seller, my of his contractors, or my of the Sellers or contraction officers, agents or employees. In case any said or other pmconwi a shall he brought against the Purchaser, or its offerers, agents or employees in my time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employe.. afer.and, the Seller hereby agrees to assume due defense ndermf and to defend due same at the Sellers own expense, es, pay my and at cosh, charge, almonds fees and other expenses, my and all judgments that may be incurred by or obtained against due Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in one judgment or other lien be placed upon or obtained against the pmperry of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ill safety precautions, famish and install all guard necessary for the prevention of ucidenq comply with all laws and regulations wind regard to safety including but widget limitalm, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant throne Revised 07/2014