HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 9143859PO
PURCHASE ORDER 914385er Page
C117/ of PURCHASE
43859 ' of z
Flirt Collinsr his number must appear
"_`�/`' V 1 1 on all invoices, packing
sli s and labels.
Date: 07/0912014
Vendor: 110001
HIGH PLAINS MECHANICAL SERV INC
2020 AIRWAY AVE
FORT COLLINS CO 80524-2708
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 07/09/2014 Buyer: DOUG CLAPP
Note: ref. annual HVAC contract #7359
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Compressor Replacement-Ops Svc
emergency repair
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
5,283.56
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
1. COMMERCIALDEfAILS.
Tax exemptions By stamen the City of Food Collins is exempt firm state and local nixes. Out Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificare of Registry 84-6000587 is registered with the Collector of
tumoral Revenue, Dance, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goads Rq«ted. GOODS REJECTED due to Gila , to meet specifications, either when shipped or due to defects of
damage to earsif. may be reamed to you for credit aW ere not no be ¢placed except upon ratio of wdam
instructions firm the City of Fon Collins.
Irup«tion. GOODS are subject to the City affect Collins inspection on nova I.
Final Acceptance. Receipt of the merchandise, convicts or engagement in response to this order on result in
authorised payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable calcined inspection procedures.
Freight Terms. Shipments mat be F.O.B., City of Fort Collins, 700 Wool St, Fon Collins, CO 80522, unless
otherwise Meet that on this order. If permission is given to prepay freight and charge separately, the Original freight
hill maidacmmnanv invoice. Additionalchamnfarnackmn willnotbememted.
Shipment Distance. Where manufacturers have i isnibuting points in various Pans of the country, shipment is
expected from the nearest distribution point to datimtion, and excess freight will be deducted fmm Invoice when
shipmates an, made fiver mmar disance.
Petmits. Seller shall protect ere sellers sole con all n«csary pamits, certificates and licenses required by all
applicable laws, regulations, ordinances and rates Of the sent', municipality, nomory or political subdivision when
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Too Collins homeless tram and agairst all liability and loss
incurred by them by reason of an inn ned or established violation of any such laws, egulations, oNirunces, rates
and requirements.
Aathavidon. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Frustum Order expressly limits acceptance In the Rims and conditions stated
herein It both and my supplemcnmry or additional I. and conditions ennead hereto or incantational hmin by
reference. Any additi ved or different Iemts and conditions proposed by seller are Objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot rake complete shipment to active on your
promised delivery date as noted. Time is of the essenre. Delivery aM performance must Ix enectd within the time
staled in, the pu chaae order and the documents attached hereto. No act, Of the Purchasers including, without
limn......, acceptance Of pr ti:d late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition no other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, dre Seller shall n.. he liable for damages as is result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and nabout its fault of negligence,
such acts of God, acts ofcivil or military authorities, govemer nt it priorities, fires, strikes, Bond, epidemics, wars or
riots provided that notice of the conditions ensuing 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 dine of delivery shall be
extended for the p,nd initial to the time actually lost by reason offs, delay.
3. WARRANTY.
III Seller w-mils that .116Mda, articles, matariats and work covered by this order will confirm with applicable
drawings, specifications, samples .Nor other desenpliors give, will b, fit for the purposes mantled, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar mom. The Seller agrees to hold the purchaser hamdess fears any loss, damage or expense which the
Purchaser may suffer or neuron account of the Sellers breach of warranty. The Seller shall replace, repair or make
gaud, without cost to the purchaser, any defects or faults ariaing within one (1) year or within such longer period of
time as maybe prescribed by law or by the terms story applicable warranty provided by the Seller after the date of
acce hence of the gued, fornahed hereunder hompmme not to be enraysombly delayed), resulting fmm imperfect
or defective work done or materials finished by the Seller. Acceptance or use of goods by the Purchaser shall cat
onstimte o waiver ofany claim under this warmmy. 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 Simian, warmarms
or guarantees, but such liabiliry shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes in legal worms by women change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any change, to the Rrtns, mher than legal terms, including additions to or ddeamte fmm
the emotions originally ordered in the ccaficinions or drawings, by verbal or wdnm change oMa. If any such
Oub,c affects thmnmm e eum due oche time of,aftnce hmanda, an equitable adjusment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by —a- change order, machine this agreement as to my or all portion, Of the
goods then not shipped, subject to any vendible ndjunment between the pfire, as to any work or materials then in
pmgress provided that the Purchaser shall not be liable for any claims for anticipated prods on the uncompleted
portion of the goods and/or work, for incidental or coew,remul damages, and that no such adjustment be made in
favor of the Seller with area to any goods which art the Sellers standard st«k. No such termination shall relieve
the Purchaser or the Seller of any oftheir obligations eato any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for ➢djunment most be asserted within thirty (31) days from the date the change or temrmation is
reduced.
8. COMPLIANCE WITH LAW.
The Seller warrants that all gods sold hereunder shall have been produced, sold, delivered and famished in stria
compliance with all applicable laws and regulations to which the goods ore 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 fmm all casts and damages suffered by the Purchaser as a rezalt of the
Seem failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, ft mbar, or convey this order, or my monies due or to become due hereunder without fie
prior written cancer i fdue other P.M.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for at I equipment materials, and items fumishd
in pabouance of this agreement, free and clear Of My and all liars, restrictions, maervatima. secufiry intereat
emumbrances and claims of others.
I I. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereor, 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
breach the acceptance ofor payment for goods hereunder or approval of the design, shall not elease the Seller of
any of the warranties in obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon stria performance hermfor any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purported
oral madifinnion or rescission of this purchase order by the Purchaser operate as a waiver of any of the Ran
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize than in actual « Ic practice, overcharges resulting firm antitrust
violations are in fact home by the Purchaser Theraofore nfOry good cause and as consideration I'or executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or sate antitrust laws for such overcharges redoing to the particular goods or services
purchased or acquied by the Purchase pursuant to this purchase order.
13. PURC14ASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser direct the Seller o correct nonconforming or defective goods by a dam m be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its nobility or unwillingness to comply, the Purchaser
may cause the work an be performed by the most expeditious means available or it and the Seller shall Pay all
wits associated with such work.
The Seller shall release the Purchaser and its contnctora of any tier from all liability and claims of any nature
resulting fmm the performance of sash week.
This release shall apply even in the event of fault of negligence of the parry released and said extend to the
directors, officers and employees of such patty.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is perfoemd or caused to he performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by letter, patent. trademark
copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement
by mason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser fir any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution in after the completion of the work. In cou said tyuipment or
any Or IaI.f or the intended use of the Goods, is in such .it held m constitute infringement and the use of
said equipment or part 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, replan the same with substantially extent but
noninfringing equipment, or modify it no it becomes noninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make on assignmed for the henelit of creditors, appoint u
receiver or Rome 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 Ilm agreement and the rights of all panics hereunder shall be
enstrued under and gavetoed by the hw, Of the State Of Colorado, USA.
The following Addirionel Conditions apply only in cases where due Seller u to pelt work hereunder.
including the smile of Sellers Representmive(s), on the premises of others.
IT. SELLERS RESPONSIBILITY.
The Seller shall ran, on said work at lien ees out risk until the tame is fully completed and accepted, mid shall,
in case of my ardent defirmar n or injury to the work "for materials before Sellers foul completion and
acceptance, complete the work of Sellers oxen expcme and to the salisfamian of the Purchaser. When dmmenals
and equipment are famished by other for installation nr erection by the Seller, the Sella shall receive, unlaud,
store and handle same at the site and become responsible therefor as though such materials and/or equipment
were being fumiat d by the Sella under the ardor.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupatimed
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
aodcor to their dependents in accordance with the laws of the state in which due work is to he done. The Seller
shall also Gamy comprehensive grneal liability including. but not limited to, commcmal and automobile public
liabiliry, insurance with hockey injury and dealt limits of at last S3 W,000 for any one person, S50ROW for any
one accident and property damage limit per accident of $400,000, The Seller shall likewise regain, his
cummemn, it'My, to provide for such compensation and comence. Defeat any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall famish the Plefhaser with a certificate
that such comparsadon and insurance have been provided. Such certificates shall specify the doe when such
compensation and imumme bate been provided. Such monfimles shml specify the 61, what such compenation
and insurance expires. The Sella ,as In. such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire rtsponsibility and liability for any and all damage, loss or injury ofany kind
or nature whensoever to persons or property caused by or resulting fmm the execution of the work pmvidd for in
this pnmhnm order or in connection herewith. The Seller will indemnify and bold harmless the Purchaser and any
r all of the Purebaurs oBaers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to pasom or property m which the Forebear may
be put or subject by reason of my «L action, neglect, omission or default an the pan of the Seller any of his
examinants, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaseq or its ollicas, agents or employees at any time on around or
by reason of any Out, action, neglect, omission or default of the Seller of any of his commolors or My of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the come at the Sellers own expense, to pay any and all costs, charges, attomeys fees and mher expema.
any and all judgments dust may Ise incurred by or obtained against the Purchaser or any of its or their officers,
agent, 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 parties in or as a result of such suits or other proceedings,
the Seller will at once muse the same to be dissolved and discharged by giving boll or otherwise. The Seller and
his contractors shall take all safety Panamanian, famish and insist] all guards necessary for the prevention of
accidents, comply with all laws and regulations with regent to safety including, but without Ilmlmbm, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuant thereto.
Revised 03Q010