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HomeMy WebLinkAbout415055 MECHANICAL MASTERS INC - PURCHASE ORDER - 3215242Fort Collins Date: 01/12/2015 PURCHASE ORDER PO Number Page 3215242 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 415055 Ship To: WATER UTILITIES MECHANICAL MASTERS INC CITY OF FORT COLLINS 4217 EAST VINE DR 700 WOOD ST FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2015 Blanket Order Plumbing 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 Total $6,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80622-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Pon Collins is exempt from sure and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Faded Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m iwrt upon 9nct serfomunce of the tarots and conditions hereof, fag. or delay of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any fights or remedies provided herein or by law, failure to promptly early the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or apparent 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 defect of any of the wamnties or obligations of this purchase order and shill not be deemed a waiver of any right of the damage in vansit, may Is, trimmed to you for credit and are not to be replaced except upon receipt of written purchaser in insist upon sine[ performance hereof or any of its rights or remedies as many such goods, regardless immrctions from the City of Fort Col lint of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported od modification or rescission of this purchase order by the Purchaser operate as a waver of any of the lams Inspection. GOODS are subject to the City of Fon Collins inspection oa arrvid hereof Final Acceptance. Receipt of the merchandise, services or eauipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authonzW payment on the pan of the City of Fort Collins. However it is to the understwd thas FINAL Seller and the Purchaser recognize that in acting economic prat5a, overcharges resulting from antiout ACCEPTANCE is dependent upon completion of all applicable trimmed inspection procedures viaticums are in fact home by the Purdaxr. Theretofore, for good came and as consideration for eaccuting this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St,, Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. if 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 waking will not be accepted_ Shipment Dinana. Where recomor a ers have distributing points in ver.. was of he counoy, shipment fie expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, cenifmzms and licenses required by all applicable laws, regulations, ordinances and rules crime stare, municipality, temmry or political subdivision where she work is performed, or r quiond by my other duly constimsed public ao mmy haying jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless from and against all liability and loss etared by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rules and Traci remar s, Amfon aciin. All parties to this contract agree that the representatives are, in fact, bona Gde and possess full and complete authority to bind said partin. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions hated herein set fall and my supplementary or additional terms and conditions mnexd hereso or incorporated herein by reference. Any additional or different terms and conditions proposed by seller ate onwitd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT' immediately Ifyou cannot make complete shipment In arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents meshed hereto. No acts of the Purchasers including, without limitation acceptances, partiallate deliveries,shalld equitasacower of Thisprovision. itheevmrermy delay, the Pwrhaset shill have, in addition to usher owe rood equitable remedies, the optionfor damages this order elsewhere delay, and t oldng the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due m causes not reasonably foreseeable which are beyond its namable control and waout it fault of negligence, such acts id God, acts ofcivil or military authorities governmental pfiono the fires, Pur strikes Hood, epidemics, wortor he note provided that notice of the conditions causing such delay isgivento the Purchaser within five (5v days of the time when me Seller refined equal received time actually thereof. In the evens aof deny such delay, she dam of delivery shall be extended for the period equal to the time actually loss by reason of the delay. 3. WARRANTY. The Seller warrants that all goods articles, materials and work covered by this order will conform wish applicable drawings specifications samples medic other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance win accepted standards for work of a similar nature. The Seller agrees tes had the purchuet harmless from any loss, damage or expense which the Purchaser may suffer or incur on accomt of the Sellers breach of want The Seller shill replace, repair or make gmd without cost to the purchaser, my defeat or faults arising within am (1) year or within such longer peed of time as may be presented by law or by Ne terms of my applicable warranty provldd by the Seller after the date of accapance of the gmds famished hereunder (a s epmce nor m be unreasonably delayed), resulting from imam or def dive work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver of any claim under this warmly. Except as otherwise provided in this purchase order, the Sellers liability hereunder shell extend to all damages proximately caused by the breach of my of the foregoing wanannes or guarantees, but such liability shill 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 Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other thm legal terms, Including additions to or deletions from fie quantities originally ordered in fie ryeci6cauons or drawings. by verbal or wnnm clunge, orderif any such change affect the amount due or the time of performance hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchaser may at airy time by wirmen charge order, temenme this agreement ca to my or all portisof rive goods d m not shipped, subject to my equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any clams for anticipated profits on the uncompleted portion of the goods Anchor work, for incidmd or consequential damages, and that no such adjustment be made in favor of the Seller wish respect to any goods which are the Sellers standard stood. No such termination shill relieve she Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMEM. Any claim for adjustment must be asserted within thirty (30) days from the date the change or mmtination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in since mmplimce wish ill applicable laws and regulations to sloth she good an, subject. The Seller shall extreme and deliver such document as may he requird to effect or evidence compliance. All laws and regulations required m be incorporated in agreement of this character are hereby incoryomtd herein by this reference. The Seller agras to indemnify and hold the Purchaser harmless from all cost and damages suffered by me Purchaser, as 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 prior written consent of the other party. 10 TITLE. The Seller warrants full, clear and unrestricted file to me Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser thin. the Seller m coma nonconforming or defective goods by a daze to be ag.d upon by the Purchaser and the Seller and the Seller thereafter indicves its nobility or unwillingness to comply, the Purchaser may cause the work to be performed by the coon expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of my her from all liability and claims of any namre esulting from the performance of such work. This release shill apply even in the event of fauh of negligence of the parry released and shill extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including wamarry, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. I4. PATENTS. Whatever the Seller is required to use my design, device, material or process covered by latter, parent, trademark or copyright, the Seller shall indemnify and save hamdess the Porringer from my and all clams for infringement by reason of the use of such per entd design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage wbich it may be obliged to pay by reason crouch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of she goods, is in such suit held to constitute infringement and she use of said equipment or Pan is enjoined, the Seller shall, a its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfroging equipment, or modify it so it becomes mninfnaging 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, 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 definitions of terms usd or the interprimmur ofthe agreement and the rights of all parties hereunder shall her comvud under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and acceytd, and shall, in use of my accident, desome o s or injury to the work and/or materials before Sellers final completion and acceptance, complete the work or Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by me Seller, the Seller shell receive, unload store and handle same at the site and become responsible therefor re though such materials and/or equipment were being furnished by the Seller under she order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchare order, and/or to their dep radena in accordance with the laws of the state in which the work is to be done. The Seller shall also rainy comprehensive gamed liability including, but not limited to, contractual and automobile public lisbiliry insurance win bodily injury and death limits of at least E300,00to for my one person. S500 000 for any one accident and property damage limit per accident of VKKL o. The Seller shall likewise require his if my, to provide for such romperradon and ingerance. Before any of the Sellers or his cateregreare employees shall do my work upon the premises of others, the Seller shall famish the Purchaser wish a certificate that such compensation and insurance have been provided. Such mnlfretes shill specify the date when such compensation and insurance have been provided. Such cenifiates 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 more rapoeaibiliry and liability for my and ill damage, loss or injury of my kind or nature whoweaver to persons or property caused by or resulting from the execution of the work provided for in this pumhase order or in cormection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against any and all clams, losses, 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, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors oflian. agents or employees. In cox my suit or other proceedings shall be brought against the Purchaser, or its Officers, agents or employees in any time On account or by reasw of my act anion, neglect, amission or default of the Seller of any of Its contractors air my of its or their officers, agents or employees as aforesaid the Seller hereby agree to assume the defense thereof and to defend the same at the Sellers own expense, in pay my and all cost, charges, anomeys fees and other expenses, my and all judgment that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained aganst the property of the Purchaser, or said parties in or n a result of such suit or other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall take all szfery precautions, famish and instal all guards necearery far the prevention of accident, comply with all laws and regulations wish regard m safety including, but without limitation, she Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07/2014