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HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 3212334PURCHASE ORDER PO Number Page City Of///��� 3212334 ' of 2 Fort Collins This number must appear \ on all invoices, packing slips and labels. Date: 02/02/2012 Vendor: 110001 Ship To: WATER 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: 02/01/2012 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 Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 10,000.00 Utilities Total $10,000.00 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and Taal taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84/.000587 is registered with the Collector of Internal Revenue, Dcayer, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 2_6. 114 (a), Goods Rejected. GOODS REJECTED due to failure to now specifications, either when shipped or duc to defects of damage in transit, may be trimmed to you for credit and arc not to he 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, failtric nr delay to exercise any rights mr remedies provided herein or by law, failure to promptly artily the Seller in the caveat of a breach, the acceptance of or payment for goods hcrcundtt or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist neon strict Performance hererfor any of its rights or rcmcdics as many such goods, regardless of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported nmi n.Mificramn or rc,ci,,ina of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLA I MS. anthnrized payment on the pan of the City of Fort Collins, However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual eeonumie practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne 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 most be F.O.B.. City of Fort Collins. 7M Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges refining to the particular goods or scivicca 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments are made fmm gmata distance. may crust, the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits, Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and pules of the state, municipality. territory or political subdivision where the work is performed, or required by any other duly enmtihred public authority having jurisdiction oycr the work of vendor. Seller Father agrees to hold the City of Fort Collins hamlcs, from and against all liability and In,, incurred by them by reason infant asserted or established violation of any such laws, regulations ondirmces, rules and requirement,. Anthrrirntimm. All parties to this contract agree that the representatives arc. in fuel. bona fide and possess full and complec authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcma and conditions ,treed herein set forth and any supplcmcntary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by'seller ore objected to and hereby mucied. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time stated an the purchase order and the documents attached hcrcm. No acts of the Parchascm including. without limitation, acceptance ofpadfal late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other kcal and equitable rcmcdics, the option ofplaing 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 firmsecablc which am beyond its reasonable eonmd and without its fault of negligence. such act, of Geld, acts of civil or milim, authorities, goo cmmental priorities. fires. strikes. Bond. epidemics, wars or riots provided that notice of the conditions catering such delay is given to the Purchaser within five (5) days ofthe time when the Seller nor 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. T'he Sella wamnts that all goods, iodides materials and work covered by this order will conform with applicable drawings, specifications, samples end/err other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordenet, with accepted standards for work of a similar nahrrc. The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Purchaser ntav suffer or incur on account of the Sellers breach of o mmrty. The Seller 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 as may be pmseribed by law or by the terms ofany applicable wrmnty pmvidcd by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect ar defective work done in materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warn my. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing wamaties or guamntces, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, 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 of performance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhnscr may to any time by written change odor, terminate, this agreement as to any or all portions of the goods then not shipped subject to any equitable mij ustmcnt between the parties 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 adjustment he made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purcha¢nmr the Seller ofany oftheir obligations is to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW, The Seller wamnts 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 required to be incorporated in agreements of this character arc 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. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any 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 title to the Purchaser for all equipment, materials, and items fomished in Performance of this agreement, free and clear of any and all liens. restrictions, reservations. security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors ofany tier fmm all liability and claims of any nature resulting from the Perfommnce 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 wamnty, shall not he deemed to be reduced, in any way, hccnvsc such work is performed or caused to be performed by the Purchaser. 14. PA "TENTS. Whenever the Scllcr 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 from 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 such infringement at any time during the prosecution or after the completion ofthe work. In case said equipment, or any pan thcmof or the intended use of the goods. is in such suit hold to constitute infnagemenl 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 fight to continue using said equipmenl or pans, replace the same with .substantially eganl but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpcny or business, this order may forthwith he canceled by the Purchaser without liabiliy. 16. GOVERNING LAW. The definition, often t, used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed monde, and governed by the laws ofthc State of Colomdo. USA. The following Additional Conditions apply mile in cases where the Seller is to perfom work hereunder, including the mi-vice, of Sella Representative(,), on the Premises of alum'. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers 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 materials before Sellces final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle .came at the site and become responsible therefor as though such material, and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws ofthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability in,nrmnec with hodily injury noel rlemmh limits of err least S300.000 for any one person, S500,050 Inr anv one accident and pmpcny damage limit per accident of S400.000. The Seller shall likewise require his contracture. if any, to provide for such compensation and insurance. Before anv of the Sellers or his coun,c ors employee, shall do any work upon the Premixes of others, the Sdter shall furnish the Purchaserwvi0m a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compcsation and insurance shall be maintained until rner the entire work is eompleed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whmeceva to persons or pmpcny caused by m resulting from the eseeution of the work provided for in this purchase order err in connection h ocwith. The Scllcr 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 prelkny to which the Purcbser may be put or subject by reason of any act, action, neglect omission or default on the pan ofthe Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall he 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 nRcers, 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 ill judgments that may be incurred by or obtained against the Pumhnscr or any 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 against the pmpcny of the Purchaser, or said parties in or as a result of mch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond orothem ise. The Scllcr and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010