HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 9142594Fort Collins
Date: 05/08/2014
PURCHASE ORDER
Vendor: 110001
HIGH PLAINS MECHANICAL SERV INC
2020 AIRWAY AVE
FORT COLLINS CO 80524-2708
PO Number Page
9142594 1o12
This number must appear
on all invoices, packing
sli i and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/07/2014 Buyer: DOUG CLAPP
Note: reference annual contract
#7359 HVAC
Line Description ....o,,LILY
Ordered UOM Unit Price Price
1 FCPAN
Provide labor and material to
install new supply and return
ducts from the existing furnace
into the new studio area. Per
proposal scope dated 4/16114.
Contact: Chad Mapp
970-221-6227
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
23,234.00
Total
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 Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cif ifieale of Registry 84-6000587 is registered with the Collector a
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smwtes 1973, Chapter 39-26, 114 (a),
Goods Rejected, GOODS REJECTED due to failure no meet specifications, either when shipped or due to defects of
damage in transit, may he named to you for credit and arc not to be replaced except upon receipt of raiders
instructions fmm me City of Fon Collins.
Inspection. GOODS am subpar ea the Ciry of Far Collins inspection on amfal.
Final Acceptance. Receipt of the merchandise, services or equipment in respmtsc to this easier can result in
authorized payment oa the Wn of the City of Fiat Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion eared applicable required inspection procedures.
Fed,l t Terms. Shipments most be F.O.B., City of Fun Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this offer. If permission is given to Prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for picking will cot be accepted.
Shipment Distance. Where tranufacmrers have distributing points in smarm Firms of the country, shipment is
expected from the natant distribution Point to destination, and excess freight will be deducted fmm Invoice when
shipments are made from 6reuter distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, di ilicates and licenses required by all
applicable laws, regaled...., ordinances and roles ofthhe state, municipality, territory or political subdivision where
the work is performed, or required by any aasr duty cro sbuttled public authority having jarisdidion over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, rules
and fintimarearts.
Authorisation. All panics to this contract agree Out the representatives are, in faze, honer fide and possess full and
complete authernry to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions shared
herein set fish and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or ddRand team and condai in proposed by Sella ore objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery dam as noted. "time ex of the essence. Delivery and performnce muss be effected within the time
stated on the purchase aide, and the documents attached hereto. No aces of the Putshasers incuding, wide al
Bandanna, accept er, i fpanial late deliveries, shall operate me waiver i Reis provision. In the eenl of my delay,
the Pureha err shall have, in addition 10 other legal card 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 as a result ofdelays
due 1. causes not reasonably foreseeable which am beyond its reasonable control and without is fault of negligence,
such acts of God, men of civil or military authorities, governments] priorities, fires, stokes, flood, epidemics, wars or
viers provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller Best received knowledge thereof. In the event of any such ddnry, the data of delivery shall be
extended her the period equal to the time actually lost by reason of site delay.
3. WARRANTY.
The Seller warrants that all goods, articles, matmals and wed mverM by this order will conform with applicable
drawings, specifications, sample, smaller other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and compnem< in d ortma was accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any Ims, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of wammmty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time ns may be prescribed by law or by the arms of any applieable warranty provided by the Seller add the time of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or detective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
mnstiate a waiver of any claim under this warranty. Except to otherwise provided in this purchase order, the Sellers
liability hereunder shall extend 1p all damages proximately mused by the breach of any of the foregoinS warranties
Or guarantees, but such liability that in nor neat include loss infirmities or loss offset. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by wriucn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may make any changes to the toms, other than legal terms, including additions to or deletions from
the 9confues originally ordered in Ne spec tics inw or drawings, by r'erMl or written change order. If any such
change arrecs the amount due in the time ofperfamern r, hereunder, an equiable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may a1 any time by women change order, urmimte this agreement re many or all ponlora of the
goods then not shipped, subject to any equitable adjustment between Ole ponies in to my work or maenads then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits fin the uncompleted
portion of the goods madder work, for incidental in ansequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofany of their obligations in to any goads delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thin, (30) days from the dam the clange or termination is
offered.
8. COMPLIANCE WITH LAW.
The Seller warrms that all 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 execute and
deliver such documents as may be required to effect or evidence compliance. All lawn and regnlatims 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 fmm all costs and damages suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my mown due or to become due hereundv without the
prior carmen consent of Os other party.
10. TITLE.
The Seller warriors full, clear and unrestricted title to the Purchaser for all equipment, maerials, and items famished
in performance of this agreement, free and clear of any and wl liens, restrictions, reservations, security interest
amen broom es and claims i f others.
11. NONWAIVER.
Failure of the Purchaser to insist upon Ona performance of the from and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
brach, the radicand, of or payment for bands hereunder or approval offl a design, shall notrelease the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
pu tat., 10 insist upon strict performanre hereof or any of its rights or mnedies as to any such goods, regardless
of when shipped, radead or xcepled, in to any prior or subsequent &feel, hereunder, ear shall any purported
oral modification or Ie5cini. of Ihis purchase older by the PnrCINYr apande a5 a waiver of any of the B.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in fact Some by the Purchaser. Theretofore fogoad coast 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
acquired —do, federal or state -farm, laws for such overcharges slating 10 the particular goods or services
purchased or acquired by the Purchaser pursuant to this puchase offer.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dimets the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaer and an, Seller and the Seller thereafter indicates its iwbilily or unwillingness to comply, the Proxima
may cause the walk to be performed by the most expeditions means available to it, and the Sella shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its emonacmn of any tier fmm all liability and claims of any 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 ofsuch party.
The Suites mmmnual obligations, including warranty, shall not h deemed m be, reduced, in any way, because
such work is pedformed or anted to be performed by Be Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lance, patent, trademark
or capyrida, the Seller shall indemnify and save handless the Purchaser front any and all claims for infringement
by reason of be use of such talented design, device, material or process in connection with he commas, and
shall indemnify the Purchaser for any cast, expense of damage which it may be obliged to pay by reason of such
infringement at any time during the prostatims or after the completion of the work. In case said equipment, or
any pan Borcof m the intended use of she goals, is in such Bair held as constitute inGngemeat and the use of
said equipment or par is joined, she Seller shall, at is own expense and at in option, either pravre for the
Purchaser the fight to continue using said equipment or pares, replace the some with substantially actual but
noninfnnging equipment. or modify it so it becomes Icninfdnging
15. INSOLVENCY.
If the Seller shall became mishear err bankrupt, make an assignment for the benefit of creditors, appoint a
ewer or haste, fur any of the Sellers property or business, this offer may forthwith be canceled by he
Potshard without liability.
16. GOVERNING LAW.
The definitions of arms used or the interpretation ofNe agreement ash fire rights of all parties heeunder Shall the,
co ommed under vat governed by the laws of the Sure i f(Alarado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Reprtsenafive(s), oa the premises ofothers.
17. SELLERS RESPONSIBILITY.
'Me Seller shall may on said work at Settees own risk until the same is fully completed and accepted, and shall,
in case of any incident, destruction or injury to the work mtNor matmaB before Sellers final complain and
acaptmce, complete flue work at Sellers own expense and to the satisfaction of the Purchaser. When crarmals
and equipment are Emotional by office, for installation or carbon by the Seller, the Sella shall receive, unload,
store and Randle same v the site and hcome responsible therefor as Baugh such matefiaB warfare equipment
were being demanded 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 benefits, an its employees employed on or in connection with the work covered by this purchase order,
anddm to their dependents in accordance with the hues of the state in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, confr sand and automobile public
liability insurance with Iwdily injury and death limits of at least 5300,013 for any one pman. 5500,000 for any
accident and property damage limit per accident of 5400,000. The Seller shall likewise requite his
if any, In provide for such mmpearmio and ins e_ Before any of the Sellers or his deriancoms
employees shall do, any work upon the premises urethan, the Seller shall fumuh the Purchaser with a candidate
that such rompesation ash insurance have been provided. Such drdficates shall specify the date when such
oompenmtion and insurance have been provided. Such candidates shall specify the date when such compensation
and insurance expire. The Seller agrees Nat such compensation and imumme shall be mainuined until alter the
entire work is completed 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 whar ester to persons or property comed 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
r all of the Footlessness offices, agens and employees from aced against any and all claims, losses, damages,
charges or expenses, whether aired An indion , and whether a prisons or property to which the Purchaser may
h pun or subject by mason of any act, action, neglect, omission or default on Ore pan of the Seller, my of his
conduction, or any of the Sellers or contractors officers, agents of employees. In case any suit or offer
proceedings shall Is, brought against the Purchaxr, 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 oRcem, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend fe same at the Sellers own expense, to pay any and all cases, there attorneys fees and other expenses,
any and all Roffman Oat may h incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees N such suits or offer proceedings, and in case judgment or offer Iran be placed upon or
obtained against the property of the Purchaser, ear said parties in car as a Affair of such sais err other proceedings,
the Seller will m ono cause the same to h dissolved ash discharged by giving bond or otherwise. The Seller and
his conficams shall as all safety precaunioos, fom¢h and insall all grown necessary for the preverrion of
accidents, comply with all laws and regulations with regard to safety including, but widener limitation, the
Occupational Safety and Health Ad of 1970 and all roles and regulations spread pursuant thereto.
Revised 03R010