HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 9145471Fort Collins
Date: 09/22/2014
PURCHASE ORDER
Vendor: 110001
HIGH PLAINS MECHANICAL SERV INC
2020 AIRWAY AVE
FORT COLLINS CO 80524-2708
PO Number Page
9145471 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PUBLIC LIBRARY (MAIN)
201 PETERSON ST
FORT COLLINS CO 80524-2990
Delivery Date: 09/22/2014 Buyer: ED BONNETTE
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Proposal for ME-390 West Pump 1 LOT LS 3,851.04
Replace, 9/15/14
I Proposal for ME-391 Glycol
Add to Cooling 9116/14
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
2,549.92
Total
Pay terms net 30 days
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. COMMERCW.DETAIIS.
Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number is
I L NON WAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered wind, the Collector of
Failure of the Purchaser to insist upon strict performance of the temp and conditions hereof, failure or delay to
Internal Revenue, Denver, Colomda (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
exercise arty 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 ofthe design, shall not release the Seller of
Goods Rejected. GOODS RD ECTF,D due to failure to meet specifications, either when shipped an due to of
aof the warranties or obligations of this purchase order and shall not be deemed a waiver of may right of the
any Of
damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written
purchaser to insist upon strict performance humfor any urns rights or remedies as to any such goods, regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
oral mach lication or rescission of this purchase older by the Purchaser operate m a waiver of my of be perms
Imposition. GOODS are subject to the City of Fan Covim irepection on moved.
hereof
Final Alternate. Receipt of the meahandise, services or aaipmeN in papome to this older can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to M w.dershood that FINAL
Seller and the Purchaser recognize that in actual economic pracrice, overcharges resulting fmm MMwa
ACCEPTANCE is dependent upon completion ofall applicable paired inspectioo procedi
violations art in fact home by the Porticoes. Theretofore, for good muse and as consideration for executing Nis
purchase older, the Seller hereby sssigss to be 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., Flat Collins, CO 80522, unless
acquired under Adam) or stare minimal laws for such overcharge relating to the Particular goods or services
otherwise specify on this order. If permission is given to prepay freight and charge Spam aly, dra original freight
purchased or anmirr l by the Purchaser p.mnt to this purchase orde,
bill most accomoanv invoice. Additional chances for mckinm will not be arecaed.
Shipment Distance. Where manufxwrers have distributing points in us parts of the country, shipment is
expected from the nearest distribution point to destination, and excess freight will M deducted from Invoice when
shipments are made from rester distance.
Pennies. Seller shall procure at sellers sole cost all necessary permits, ttnificams and ❑ernes required by all
applicable laws, regulations, ordinances ma pales of the smtq municipality, territory or political subdivision where
the work is pedbrmN, or required by any other duly, comtimred public authority having jurisdiction over the work
of verWoc Seller further agrees to Mid the City of Fort Collim hmmless from and .,shoo all liability and lass
inewml by them by reason of an seemed or notablohe l violation of any such laws, regulaions, onlirvnca, mils
and requirements.
Amhonimaim. All ponies to This coal., agree that the representatives are, in fact, bona fide and possess full and
complete amMriry to bind said parties.
LI M ITA'I']ON OF TERMS. This Parch. Order expressly limn" acceptance to the terms and conditions stated
herein set fond and any supplenmntary or additional morn and conditions annexed hereto or incormoned herein by
reference. Any additional or di if tram lento sad conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedimely ifyou cannot make complete shipment to arrive on your
promised delivery, doe as cared. Time is of the esneme_ Delivery and performance most be af@acd within she time
sorted on the purchase order as the documents at"ched hereto. No ac" of the Purchases; including, without
limitation, acceptance criminal late deliveria,, shall operate m a waiver ofthis Provision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofpwcia, this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not M liable for damages as a result of delays
due to muses nor reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, ac" of civil or military authorities, governmental priorities, fires, strikes, Rood, epidemics, wars or
riots provided that notice mine 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 del ivery shall be
extended for the penal ryml m the time actually lost by reason afthe delay.
3. WARRANTY.
The Seller wanents that all good, articles, nutenak and work covered by this miler will conform with applicable
drawings, specifications, samples and/or other dewliptiom given, will M fit for be purposes amended, and
performed with the highest degree of care and competence in accordance with accepmd standard fin work of a
similar metre. The Seller agrees to hold the pochadr harmless from any loss, damage or expense which the
purchaser may suffer or mein oa uccounr of 6e Sellers breach of warranty. The Sella shall replace, repair err make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer 'nos! of
time m may be prescribed by law m by the terms of my applicable warranty provided by the Seller after the dale of
acceptance of the guods famished hereunder (etc �eprana not m be unreaminbly delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or toe of good by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in his purchase order, the Sellers
liability hereunder shall extend to all damages proximately canp,d by the breach of my of the foregoing warranties
or gmmatas, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED INARRAWY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchmer may make changes to legal terms by written change order.
5. CHANGES IN CONIMERC1AL TERMS.
The Purchaser may make any changes a the team, other Nan legal terms, including additions to or deletions from
the mvio inec aribirruly nNered in the spedistorsos or tlrwinys, by cabal or wrinen eaange order. If any such
change affects the amount due or the lime of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as many or all portions of the
good then not shipped, subject to any equitable adjustment between the prom as to any work or materials then in
progress pinvided but the Purchaser shall not M liable for try claims for anticipated prof¢ on the uncompleted
Indian ofd a good and/or work, for incidental or mmequenhial damages, and Char no such adjustment ke made in
favor ofthe Sella with respect to any good which are be Sellers suaard smack. No such temmiwtion shall relieve
the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must M asserted within 66ty (30) days from the date 6e change or termination is
Ordered.
8. COMPLIANCE WITH LAW.
The Seller wasams that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regdariom to which the goats arc subject. The Sella shall execute and
deliver such documents or may M squired to effect of evidence compliance. All laws and msulatiom required to be
iaorpomted is awanneats of Nis character are hereby incorporated herein by this reference. The Sella agree to
indemnfy as bold the parliament hamtless from all mars as damages suffered by the Rm er m a result of the
Sellers failure to comply wish such law.
9. ASSIGNMENT.
Neither party shall assign, tfamfm or convey this order, or any monies due or to become due hereunder without he
prior wrinen cansent afthe other pan,.
10. TITLE.
The Seller warrants full, clear and unrestricted tide In be Purchaser for all equipment, materials, and items famished
in performance of this ammarinr, free anal clear of any and all Item, restrictions, reservations, security interest
encumbrances and list. of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by be
Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to by performed by the most expeditious rears available to it, and the Seller shall pay all
case associated with such work.
The Seiler shall release the Purcbaer as its contractors army her from all liability and claims of any nature
resulting from the performance ofsuch work.
This release sbull apply men in the Went of fault of negligence of the party released and stall mhmd to the
directors, offcers and employees fsuch party.
The Sellers contractual obligations, including warranty, shall not Ix drama to be reduced, in any way, became
such work is performed Or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is squired m use any design, device, motmal ar pmoess award by letter, patent, trademark
r ropyri the Sella shall indemnify and rave harmless the Purchaser fmm any and all claims for infringement
by maxon of the use of such patented design, device, material or process in connection with the cuntracL and
shall indemnify the Purchaser for any cost expense or damage which it may M obliged to Pay by reason ofsuch
infringement at any time during be prostration or after the completion of 6e work. In cam said a, ipmenL or
any part therm( or the amended use of be good, is in such suit held to constitute infringement and the use of
said cyoipmem or pan is criminal, be Sella shall, in its own expend and at its option, either procure for be
Purchmer the right to continue using said equipment or parts, replace the more with substantially clml but
mninGhnging equipment, or modify it so it becoma nodufdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrml,'make an assignment for the benefit of credhors, appoint a
receiver or trustee for any of the Sellers property or business, this Order may forthwith be canceled by she
c pu hmcr without liability.
16. GOVERNING LAW.
The defniaions oftenns add or the interpretmian of the agrt ramin oa 6e rights of nil patio hereunder shall M
mewed offer and governed by the laws oftM State ofColomdo, USA.
The following Additional Cnndieons apply only in remes where the Sena is to paffinfin work hereunder.
including the services of sellers Re,wasstive(s), oa the premiss Owshas.
17. SELLERS RESPONSIBILITY.
The Seller shall any On said work st Seller's own risk mail the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Purchaser. When materials
and equipment am famished by others for installation or m ction by be Seller, the Seller shall receive, unload,
store and handle map, at the site and become responsible therefor as though such materials maker equipment
were being famished by the Seller user 6e order.
I S. INSURANCE.
The Seller shall, m his own experse, provide for the payment of workers compensation. including occupational
disease benef", to its employees employed on or in connection with the work covered by this FomM1ad order,
andor to their dependm" in azcadance with the laws of the state in which 6e work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, commercial and automobile public
liability imm-nce ,it, bodily injury and retain limits of at least $300,000 for any one person. $50o," for any
accident and prupeny damage limit per accident of S400,000. The Seller shell likewise require his
ontmcmrs, if any, to provide for such compensation and in e. nean rom y ofthe Sellers or his contranms
employees shall do any work upon the premisesf oothers, the Seller shall f ash the Purchaser with a certificate
that such compensation and inesumance have been provided Such cenificata shall specify the date when such
ompemation and insurmce have been provided. Such cenifimtes shall specify the date when such compensation
and insurance expires. The Seller ogees but such compensation and announce shall be mainmined mail after be
entire work is completed as accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller herby assumes be more mepomibility and limbility for any nil all damage, loss or injury fany kind
or nature whatsoever to persons or pmperty eased by or rending fmm be execution ofthe work pounded for in
this purchase order or in connection herewith. The Seller will indemnify and hold bmmlem the Purchmer and any
r all of the Purchasrn olEcers, agents and employees (ram and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to Favors or Impiety ra which the Purchaser may
be put or subject by realm of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or Ountravems offers, agents or employees. In cam any suit or other
proceedings shall be brought against the Pumhaw, or its oficas, ages" or employees at any time on =count or
by reawn of any act action, neglect, omission or default of the Seller of any of his contractors or any of its or
bar oifcers, agents or employee m aforesaid, the Sella hereby agrees an assume the defame thereof and Ice
defect the same at the Salters own expeme, so pay any sea all costs, charges, attorneys fees and other expenses,
any as all judgmrats but may be weaned by or obtained against the Purchaser or any of its or tbe'u affairs,
agents or cmployas in such suits or other romanticist, and in tom judgment or labor lien M placed upon or
obtained agaimt the property i the Purchase, or said parties in a as a result of inch suits or other prmeedin, ,
the Seller will at once coup, the same to M dissolved and discharged by giving band or otherwise. The Sella and
his compactors shall rake all safety prwautiom, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Ilealth Act of 1970 and at m1w and regulations issued pursuant thereto.
Revised 07/2014