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HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 3212291PURCHASE ORDER PO Number Page City of 3212291 1 ' of 2 ' `t Collins This number must appear ` on all invoices, packing slips and labels. Date: 01/24/2012 Vendor: 110001 Ship To: ELECTRIC UTILITIES HIGH PLAINS MECHANICAL SERV INC CITY OF FORT COLLINS 2020 AIRWAY AVE 700 WOOD ST FORT COLLINS Colorado 80524-2708 FORT COLLINS Colorado 80521 Delivery Date: 01/23/2012 Buyer: OPAL DICK 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 2012 Blanket Order 1 LOT LS 10,000.00 Light and Power Total $10,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tefrns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 984M502. Federal Excise Tax Exemption Certificate of Registry 94-6(MS87 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 rued spceifieatioa,, either when shipped or due to defects of damage in nansil, may be rcmmed to you for credit and arc not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or rcrnedics provided herein or by law, failure to promptly notify the Seller in the event of a 1)maeh, the acceptance ofer payment for goods hereunder or approval orthe design, shall not release the Seller of any of the onto Ones or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict pMormance hereof or any of its rights or remedies as to any such goods, regardless of when sh ippcd, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported onl mad i fication or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms her of. 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 pan of the City of Fort Collins. However, it is to be understond that FINAL Seller and the Purchaser recognize that in actual economic pnelice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact horn by the Purchase, 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 Fort Collins, 700 Wood St., Fort Collins. CO 80522. 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 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 If the Pu tchoscr di sects the Seller to correct reform forming or defective gads by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwill ingress to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs aasoeimed with such work. Permit.. Seller shall procum at sellers sole cost all necessary permits, cenificatm and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is pMomed, 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 hamlcs., from and against all liability and loss incurred by them by reason of an nowned or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All parties to this contract agree that the representatives are. in fact, bona fide and possess full and complete amhoncy to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorpumted herein by reference. Any additional or different toms and conditions pmposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpur ial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing 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 arc beyond its reasonable control and without its fault of negligence. such acts of God, ad,, r ivil or military authorities, gmemmemal priorities, fires. strikes. Bond, epidemics, s.an or rich, 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 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 ofthe delay. 3. WARRANTY. The Seller warrants that all goods, i nicles, materials and work covered by this order will conform with applicable cravings, 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 hamlets from any lose damage or expense which the Purchaser may suffer or incur on account of the Sellcos breach of wamnty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time a. may be prescribed by law or by the terms of any applicable warranty provided by the Seller aRcr the date of acceptance of the goods furnished 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 Purchascr shall not constitute a waiver of any claim under this wamnty, 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 foregoing wamntics Or guarantees, hot such liability shall in no event include loss of pro6h, or Iess of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchascr may make changes to kcal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the moons, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or wrincn change order. If any such change affects the amount due or the time of performance hemmnder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchator may at any time by written change order, terminate this agreement as to any or all portions of the gaols then not shipped, subject to any equitable adjustment between the panics as to any stork or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits ran the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Scllcr with respect to any good., which arc the Scllcrs standard stock. No such termination shall relieve the Purchascr or the Seller of any of their obligations as to any goods delivered hcrcunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days firma the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmduced, 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 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 Form all costs and damages suffered 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 of to became due hcrcunder without the prior written consent of the other party. 10. TITLE. The Seller wamnty full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performnnce of this agreement, free and clear of any and all liens, restrielions, reservations, security interest cfcunduances and claims of others. The Seller shall release the Purchaser and its contractors of any tier farm all liability and claims of any nature resulting firm 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 contmeNnl obligations, including warranty, shall not be dcemcd 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 Seller shall indemnify and save harmless 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 Parchoecr for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after 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 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 ooninfringing equipment or modify it so it beenmes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a mcch err or tmncc for any of the Scllcrs pmpem or business. this order may forthwith be canceled by the Purchascr without liability, 16. GOVERNING LAW, The definitions of terms used or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform wort: hereunder, including the services of Sellers Reprcnntmive(s), on the pmmiscs of ushers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in case of any accident destruction or injury to the work and/or natcriols before Seller's final completion and accepance, complete the work at Seller's own expense and to the satisfaction of the Pamhaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, afford, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bencfts, to its employees employed on or in connection with the work covered by this purchase order. anchor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cam comprehensive general liability including, but not limited to, contractual and automobile public liability insumncc with bodily injury and death limits of at least 5300,000 for anyone person. S500,0Iq for any one accident and pmpcny damage limit per accident of S400,IX10. The Seller shall likewise rcquim his contracts, if any, to provide for such compensation and insurance. Before any of the Seller; or his contncrors cmployces shall do any work upon the pmmiscs of others, the Seller shall famish the Purchascr with a ecnifieate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance havc 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. 19. PROT'EC'FION AGAINST ACCIDENTS AND DAMAGES. The teller hereby assume., the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whmsoevcr In 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 atd hold harmless the Purchaser and my or all of the Purchasers o0iects, agents and employees from and against any and all claim%, 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 proccalings shall be brought against the Purchase, 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 oQFccrs, agent or employees as aforesaid, the Seller hereby agrees to as. tme the defense thereof and to defend the same ul 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 officers. agents or employees in such suits of Other proceedings, and in cast judgment or other lien be placed upon or obtained against the property of the Puahacer, m said parties in or as a result of such suits of other proceedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comments shall take all safety precautions, famish and install all guards necessary for the prevention of accidents comply with all In", and regulations with regard to safety including, but without limiation, the Occupational Safety and I Icalth Act of 1970 and all rules and regulations issued pursuant fl crem. Revised 03/2010