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HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERVICES INC - PURCHASE ORDER - 9957283Date: 12/7/2009 City of Fit Collins Page Number: 1 Purchase Order Number: 9957283 Delivery Date: 12/7/2009 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note Line Qty/Units Description Extended Price 1 1 LOT Quincy Climate Control Compressor Model QR01506D PER QUOTE DATED NOVEMBER 16, 2009 Total City of Fort Colfin# Director of Purchasing and Risk Management This order is alid over $5000 unless signed by James B. O'Neill II, CPPO 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 7,560.00 $7,560.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Nundmer is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damage in transit, ntny be returned to you for credit and are not to be replaced except upon receipt of written instructions dorm the City of Fort Collins. Inspection. GOODS are subject to the City of Fun Collins inspection on nn'ind. Final Acceptance. Receipt oft he merchandise, services or equipment in response to this order can result in authorized payment on the pail of the City of Foil Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of Foil Collins, 700 Wood St_ Foil Collins. CO S0522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately. the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country. shipment is expected f can the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipnmenls:ur made four greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by:dl applicable laws, regulations, ordinances and rules oft lie state, municipality, ten'itoIy or political subdivision where the work is perfotned, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller Pother agrees to hold the City ofFot Collins hammless font and against all liability and loss incurred bythent by reason of an asserted or established violation of any such laws, regulations, ordinances, titles and requircnnenis. Authorization. All parties to this contract agree that the representatives arc. in fact. Iona tide and possess full and complete authority to bind said parties. LIMITATION O F TERMS. This Purchase Order expressly limits acceptance t) the terns and conditions stated herein set forth and any supplementaryor additional tents and conditions annexed hereto or incogxnated herein by reference. Any additional m different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essence. Delivep• and perfornnance mast be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate os a waiver of This provision. In the event ofanydel: y'the Purchaser shall have, in addition to other n legal and equitable reedies, the 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 to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priurities, fires, strikes, flood, 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 first received knowledge thereof [Tithe event ofanysuch delay, the date ofdelivery shall be extended for the period equal 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, specifications, samples and/or other desta iptions given, will be fit for the proposes intended, and perfomed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless font any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one(]) year or within such longer period of time as any be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed). resulting fern inmperfeet or defective murk clone or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wan'anty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the Ioregoiug warranties or guaranties, 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 Purchaser any make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including additions to or deletions Iron' the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, :in equitable adjustment shall be made. 6. TERMINATIONS. file Purchaser nnay at any tinne by written change order, terminate this ugrecnteut as to any or all portions ofthe goods then not shipped, subject to any equitable adjustment between the parties as io any work or materials then in progress provided that the Purchaser shall not be liable for any clnims for anticipated profits on the uneonnpleted portion oflhc goods and/or work, for incidental m consequential damages. and that no such adjustment benode in Favor of the Seller with respect to any goods which are the Sellers standard stock. No such tennination shall relieve Tic Purchaser or die Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mast be asserted within thirty (30) days from the date the change or tennination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect of evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XX V I11 of the Colorado Constitution ("Article XX V I I I"), then the provisions of Section 15 of Article XX V I11 are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of Article XXV II I, then the [Contractor] agrees it shall be ineligible to hold any sole source governnnent contract, m public employment with the state of Colorado or any of its political subdivisions, for three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies Clue of to become due hereunder without the prior written consent of the other party. 10. TII LE The Seller warrants lidl. clear and unrestricted title to the Purchaser for all equipment, materials. and items fiumished in performance of this agreement, fire and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof failure or delay to exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment fix goods hereunder or approval ofthe design, shall not release the Seller ofany 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 its rights or remedies as to any such goods, regardless of when shipped, received m accepted, as to any pilot or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver ofany of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitmst violations are in [act bonne by the Purchaser. Theretofore, for good cause and as consideration for executing this paohase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust hoes for such overchages relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perlot Tried by the most expeditious means available to it, and tine Seller shall pay all costs associated with such will The Seller shall release the Purchaser and its contractors ofany tier font all liability and claims ofany nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations. including warranty, shall not be deenned to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. \Vhenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fionn any and ail claims for infingenment byreason of the use ofsuch patented design, device, material of process in connection with theeontract, and shall indemnify the Purchaser to] any cost, expense• or damage which it may be obliged to pa y by reason ofsuch infingement at anytinnc during the prosecut ion or ❑f to t he complet ion of the work. fit case said equipment, or any part thei eaf or the intended use of the goods. is in such suit held to 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 Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but non -infringing equipment, or modify it so it Imeconcs nun-infi inging. 15. INSOLVENCY. 1 f the Seller shall beconne insolvent or bankrupt, make an assignment for the benefit ofcreditors. appoint a receiver or trustee fur any of the Sellers property of business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used m the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additiomd Conditions apply only in cases where the Seller is to perfimn work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RES[IONS 1131 LITY. The Seller shall canyon said work it Seller's own risk until the Saone is fully completed and accepted. and shall, in case of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance. nrplete the.vork at Seller'ss own expense and to the satisfaction ol'the Purchaser. When materials and equipment are banished by others for installation or election by the Seller, the Seller shall receive, unload, store and handle saute at the site and beconne responsible therefor as though such materials and/or equipment were being furnished by the Seller undertile order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkers compensation, includineoccupationaldise;sse benefits. to its ennployces employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cart' connprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death lining of at least $300,000 for any one person, .$500,000 for any one accident and property dannage limit per accident of $400.000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been 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 IQ PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability fix any and all damage, loss or injury ofany kind or nature e•hatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase cider m in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any m all of the Purchasers officers, agents and employees front and against any and all claims, 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 any act, action, neglect, omission or default on the pan 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 brought against the Purchaser, or its officers, agents or employees at any time on account or by reason ofany act, action, neglect, ommission or default of the Seller ofany of his contractors m any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the saute at the Sellers own expense, to pay any and all costs. charges, attorneys fees and other expenses, any and alljudgments that may be incurred by or obtained against the Purchaser or ally of its or their officers, agents or employees in such suits or other proceedings, and in case judentent or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged bygiving bond or otherwise. The Seller and his connectors shall take all safety precautions. famish and install all guards necessary to, - tile prevention of accidents, comply with all laws and regulations with regard to safety including, but without Iinnitatinn. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0412001)