HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 9141313Fort Collins
Date: 03103/2014
PURCHASE ORDER
Vendor: 110001
HIGH PLAINS MECHANICAL SERV INC
2020 AIRWAY AVE
FORT COLLINS CO 80524-2708
PO Number Page
9141313 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
Delivery Date: 03/03/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Heater in Wash Bay
reference quote dated 12/13/13 and
1/31/14 estimate # ME-241
labor & materials to install (1) 60.000 BTU SS
radiant tube heater includes all gas piping, Flue piping,
combustion piping, roofing red freight.
excludes permit and 115V electrical
Contact: Aaron Reed
Dh# 970-308-0643
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
Invoice Address:
5,756.06
756.06
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By gamic the City of Fort Collins is exempt f state and local taxes. Our Exemption Number is
I L NONWAIV Eft.
98-04502. Federal Excise lax Exemption Certificate of Registry 84 6000581 is registered with the Collector of
Failure of the Purchaser go insist upon sided ped ce of the terror and conditions hereof, fail. or delay to
Internal Revenue, Denser, Colorado (Ref. Colorado Revised Sumter 1973, Chapter 39-26. 114 (a).
exeaise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the secrapraawe for payment for goods hereunder or app.-[ sure design, shall mat .1. the Seller of
Good Rejected. GOODS REJECTED due to failure 0 meet sprcifucatims, either when shipped or due to defects of
any of the ssaranties or obligations of this purchase order and shall not be domed a waiver of my right of the
damage in most, ray be demand to you for aedit and are not to Is, replaced except upon receipt of wminen
purchaser to insist upon strict performance hermfor any of its rights or remedies as many such goods, regardless
immuctions farm $a City of Fan Collins.
of when shipped, meeeix'ed m accepted, m to any prior or subsequent default hereunder, awn shall any purported
oral modification or rescission of this purchase order by the Purcularrair operate as a waiver of any of the team
Inspection. GOODS am subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Raeipt of the meo'handise, seed or equipment in response to this order can result m
12. ASSIGNMENTOF ANTITRUSTCLAIMS.
authorized payment on the pan of the City of Fort Collins. Ifi.ver, it is to he understood Char FTNAL
Seller and the Purchaser recognize that in actual ana is practice, mchargs m resulting grand antitrust
ACCEPTANCE is dependent upon completion of all applicable required impaction procedures.
violations are in fact boom by the Prerchamr. Themodare, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to the purchase( any and all claims it may now have or hereafter
Freight Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., pan Collins, CO 90522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular good or services
otherwise specifial an this order. Upermission 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 ,or be accepted.
13. PURCHASERS PERFORMANCE. OF SELLERS OBLIGATIONS.
Shipment Disgrace. Where manufacturers have distributing Points in various pans of the country, shipment is
lithe Purchaser directs the Seller to correct nonconforming or defective good by a data to be agreed upon by the
expected from the modest distribution point to destimtioa, and excess freight will be deducted from Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may cause the work to be performed by the most expedition menus available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and rates of the sgrm, municipality, unitary or political subdivision where
The Seller shall interior the Purchmer and its contractors of any tier tram all liability and claims of any namrt
the work is performed, or required by any other duly emmtimged public authority having jurisdiction over the work
resulting farm the performance of such work.
of ♦'endor. Seiler further agrees to hold the City of Fog Collins harmless farm and against all liability and loss
incurred by them by reason or an docated or established violation of any such tuxs, regulations, ordinances, rates
This release shall apply even in the event of fault of negligence of the party oriented and shall extend to the
and rteNiddrmd.
directors, oRcess and employees of such parry.
Authorization. All panics to this crammer agree that the tepresenutives art, in fort, bow fide and possess full and
The Scaeh contsaaval obbilatiom, including warranty, shall not be deemed to be reduced, in any way, became
complete authority to bind said partim
such work is performed or ..it m be purlmmM by the Phmhmer.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the moms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed Immun or incoryarmN herein by
reference. Any additional or different terms and conditions forward by seller art objected Ica and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to endue on your
promised delivery dam as noted. Time is of the assume. Delivery and retlbmmnce arum be d xurd within the time
stated no the pmvhase coder and the doamments attached herdo. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay,
the Purchaser shall hive, in sable an to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for damages m a result of delays
due to mixes not maxambly foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, no wfewil or military autuorilim. governmental priorities, Bids, strikes, Rood, 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. In the event of any such delay, the data of delivery shall Lou
extended for the period equal to the time actually Lear by reason ofthe delay.
3. WARRANTY.
The Seller waamnrs dust all good, articles, materiak and work covered by this atria will of. with a,lieugh,
drawings. Ne,cifmcatiom, sam,Im allor order descriptions given, will be ILL for the polices intended, and
,glo rand with the highest degree of care and competence in acmrdance with accepted standard for work of a
similar nature. The Seller ogres to hold the pnrchsser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwatranty. The Sells shall replace, repair or make
good, without seat o the purchased, any defecm or faults arising within one (1) year at within such longer Limited of
time as may be, prescribed by law or by the terms of my applicable warranty provided by the Seller after the dam of
accepanee of the goads famished hereunder (acceptance not to Ix, unreasonably delayed), trolling foam imported
or defective work done or materials famished by the Seller. Accepbanor or use of good by the Purchaser shall not
onstlmm a waiver of any claim under this woranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profile or Ines of me. NO IMPLIED WARRANTY
OR MERCHAN I AREAL Y OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchmer may make changes to legal terms by written change owed.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the reran, other than legal reran, including eddiders to or deletions from
the quantities originally ordered in the specifications or drawing, by signal or written change order. If any such
li d change as the amount due or the time ofperfm orance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wrings change over, ho ninam this awourem as m any car all portions of die
goods than rust shipped, subject to any equiable adjusment bedxeen the parts m to any work or materials then in
progrtss provided dot the Pmchsser shall not be liable for any claims for anticipated profmis an the menmpleted
Portion of the goods andlor wod, for incidental or cmtuquemial damages, end Out no such edjmrmear be made in
favor of the Seller with rspecno any good which art the Sellers standard steek. No such termination shall relive
the P rrchuer or the Seller ofany affair obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or mrmination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warams that ell good sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execrate and
deliver such decumems as maybe required to effect in evidence compliance. All laws and regulations required to be
m orporoad in ngrtements of lhis character am hereby incorporated heroin by this reference. The Seller ogres to
indemnify and hold the Purchaser harmless farm all costs and damages suffeml by the Purchases as a result of the
Sellers failure to comply with such low.
9. ASSIGNMENT.
Neither Party shall assign, transfer, or as, this order, or any mania she car to become due herermder, wading the
Prior won. cogent of the order parry.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to the Puurcbaser for all equipment, materials, and grow fiunished
in perforda me, of this agreement, free and clear of any and all liens, momictions, reservations, sexmriry named
encumbrance and claims of others
14. PATENTS.
Whenever the Seller is required to use any designs, device, normal 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 an damage which it may be obliged to pay by reason armada
infringement at any time during the prosecution or after the completion of the work. In case said equipments or
any porn thereof e, the intended use of the goods, is in such suit held to constitute infringement and she use of
said equipment or red 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 pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninGnprig.
15. INSOLVENCY.
If the Sella shall beemor insolvent or bankrupt, make an—drunem for the benefit of creditors, appoint a
receiver or
duster for any of the Sellers property of business, this We. may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition oFlams mad or the mmrprtbauon ofree agreement and the rights ofail parties hereunder shall be
combined under and governed by the laws of the State ofColomdo, USA.
The following ANirioml Conditions apply only in awas where the Seller is to perform weak hereunder,
including die serviced of Sellers Regreunbative(s), on the premiss ofolhers.
IT. SELLERS RESPONSIBILITY.
The Seller shall may on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of my accident, destruction car injury to the work and/or materials before Sellers final complerloa and
mcepcance, complete the work at Sellers own express and to the satisfaction of the Purchaser. When materials
end equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occuparioal
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 rise laws of the scale in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, economical and automobile public
liability insurance with mahly injury and &sib limits of M Lang 5300,IX0 for any one Person, S500,000 for any
accident and property damage limit per accident of 5300,000. The Seller shall likewise require his
aors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premiss of others, the Seller shall famish the Pu¢hare r with a certificate
that such compensation and insurance have born provided. Such certificates aboll specify the data who such
comprnution➢nd handsome hav'<ban provided. Such anificars shall specify the date when such com usawation
and imuonce expire. The Seller ages that such compensation and insurance shall be rainbamed until after the
moire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume the mine depomfiliq, and liability for my and all damage loss or injury fany Load
as amre whatsoever to persons or property caused by or resulting from the execution arrive work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchsser and any
or all of the Purchasers officers. agents and employers from 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
proceeding shall be brought against the Purchmev or its officers, agents or employees ar 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 w aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the some at the Sellers own espcess, to pay any and all rusts, clumgs, anomrys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchased or any of its or their officers,
agents or employees in such suit or other proceedings, and in case judgment at other lien be placed upon or
chadmad aging the property of the Purchnser, or said parties in or as a result ofsuch suits or other Proceedings,
the Se11er will m ease rams the same to be dissolved said discharged by giving bond or wherwiu. The Seller and
his wnuacus. shall bake all safey promotion., famish and install all guards neeessary for the pavactim of
lecidenm, comply with all laws and regulations with regard m safety including, but without ldndrdi q the
Occupational Safety and Health Act of 1930 and all rules and regulations issued pursuant diertm.
Revised (Dan 10