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HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL - PURCHASE ORDER - 9112356PURCHASE ORDER PO Number Page City Of///��� 9112356 1 of z `t Collins i ns This number must appear " on all invoices, packing slips and labels. Date: 04/27/2011 Vendor: 110001 HIGH PLAINS MECHANICAL SERV INC 2020 AIRWAY AVE FORT COLLINS Colorado 80524-2708 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 04/27/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Replace BTU's 1 LOT LS 38,550.00 #1, #3, #4, #5, & #6 with Lennox LGH units. U City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Total $38,550.00 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt boom state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-eA502. Federal Excise Tax Exemption Certificate of Registry 94-MMSRI is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or Allay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes PD3. Chapin 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 acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Scllcr of Goods Rejected, GOODS REJECTED due to failure to meet specificatico. either when shipped or due to defects of any of the warootics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict performance hcomfor any of its rights or remedies as to 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 purprecd cost modification or rc.wisaion of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, nvcrchargcs resulting boom antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection pmeedama. violations are in fact home by the Purchaser. Theretofore, for good cause and as eonsidemlion 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 Fort Collins, 700 Wood Sr. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such nvcrchargcs relating to the particular goods Or services otherwise specified on this otilm If permission is given to prepay freight mid charge separately, the original freight purchnscd or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Hthe Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Scllcr, and the Scller, floereafier indicates its inability or unwillingness to couple. the Purchaser shipments are made from greater distance. may cause the work to be perfor ed by the most expeditious means available to it. and the Scllcr shall pay all costs associated with such work. Permits. Seller shall pmoure at sellers sole cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is PMormed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins himnles fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such lases. regulations ordinances, rules and rcquimmcnts. Authorization. All panics to this contract agree that the representatives are, in fact. bona fide end possess Fell and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hincto or incorporated herein by reference Any additional or diffctent terms and conditions proposed by seller arc objected to and hcrcby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date a: noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Parchascrs including. without limitation, acceptance ofpartial late deliveries, shall Operate as a waiver of this provision. In the event of any delay, the Pmehascr shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seiler 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 of negligence. such acts of Gad, acts ofeivil or military authorities, govenmcntal priorities, fires, strikes, food, epidemics, sears or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge Overcall In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seiler warrants that all goods, artieles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed 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 Point 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 (U year or within such longer period of time as may be prescribed by law or by the terms crony applicable womnty provided by the Seller after the date of acceptance ofthe goods finished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing ware ntics or guamnecs, but such liability shall in no event include loss of profits Or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make cliangcs to legal terms by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term. other than legal terms. including additions to or deletions fmm 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 ofperform urcc hereunder.an equitable adjustment shall he made. 6. TERMINATIONS, The Purchaser may at any time by written change order. terminate this agreement as to any Or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such odjustnwnt he made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days favor the date the change Or ocommation 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requimd to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages su Hered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrincn consent of the other party. 10. TITLE. The Seller varronts full, clear and unrestricted title to the Purchaser for all equipment. materials, and items furnished in performance of this agreemenl, free and clear of any and all liens, restrictions rescminions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfmmancc of such work. This release shall apply even is the crcut of fault of negligence of the parry released and shall extend to the directors. officers and employees ofsuch party. The Seler's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save hardess the Purchaser fmm any and all claims for infringement by reason of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of inch infringement at any time during the prosecution or afcr 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 use of said equipment or part is enjoined, the Seller shall, at its men 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 noninfringing equipment, or modify it so it becomes noninfringing. 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 used or the interpretation of the agreement and the rights of all panics hereunder shall he construed under and governed by the laws of the State of Colorado. USA. The following Additionnl Conditions apply only in cases where the Seller is to perform work Imrinlder. including tlmc services of Scllcrs Representativc(s), on the premises ofothets. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shill, in ease of any accident destruction or injury to the work and/or materials before SCII&S final complclimn and acceptance, complete the work nt Seller's own expense and to the satisfaction of the Purchaser. When netcrials and equipment are furnished by others for installation or erection by the Seiler. the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipmcnl were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oeci,ntional disease benefits, to its cntployccs cmploycd on or in connection with the work covered by this pas CIInSe order. and/or In their dependents in accordance with the laws Of the state in which the work is in be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public linbiliev insurance with bodily injury and death limits of at least S300,000 for any one person. 5500.000 for any One accident and property damage limit per accident of S400.000. The Seller shall likewise require Imes contractors, if any, to provide for such compensalion and insummee. Before any of the Sellers or his contractors employees shall do uny work upon the premises of others, 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 hive 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 aner the entire stork is eomplded and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr heeby assumes the entire responsibility and liability for any and all damage loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers. agents and employees fmm 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 Scllcr, any of his contractors or any of the Seiler., or contractors of ccm. 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 of any act, action, neglect, omission or default of the Seller of any of his contractors 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, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their affects, agents or employees in such .suits or other proceedings. and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser. or said panics in or as a result ofsuch suits or other pro eccdings, be Seller will at once cause the same to be dissolved and discharged by giving bond or other, ise. The Seller and his contmclurs shall take all safcN precautions furnish and install all guards necessary for the prccention of ,accidents. comply with all laws and regulations with regard to safety including, boo without limitation. the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 0312010