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HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 9145702PO PURCHASE ORDER 914570er Page C117/ of PURCHASE 45702 1 of 2 Flirt Collins( This number must appear /�„',-\V`I ` V " 1 on all invoices, packing sli s and labels. Date: 1010112014 Vendor: 110001 Ship To: OPERATIONS SERVICES HIGH PLAINS MECHANICAL SERV INC CITY OF FORT COLLINS 2020 AIRWAY AVE 300 Laporte Avenue FORT COLLINS CO 80524-2708 Building B FORT COLLINS CO 80521 Delivery Date: 10/01/2014 Buyer: DOUG CLAPP Note: ref. annual contract # 7359 Line Description Quantity UOM Unit Price Extended Ordered Price t 220 N Howes 1 LOT LS 5,614.92 Install evaporative cooler in break area and relocate louver for relief. ref. invoice 60949 dated 9/19/14 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 Total $5.614.92 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from was and local taxes. Our Exemption Number is 98-M502. Federal Excise Tax Exemption Certificate of Registry 84-6WO587 is regismad with the Collector of Inamal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).. Good R jec ad. GOODS REIECTED it.... fail. an meet specifications, either when shipped or due to defects of damage m wni,, may he renuned to you far credit and art not to be replaced excepl upon away, of wrinan instructions from $e City of Fon Collins. Inpedion. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this coder can result in authorized p payment on the an of am City of Fon Collins. However, it is to he understood thalFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of ran Collin, 700 Wood St. Tom Collins, CO 80522. unless otherwise specified on this ardor. If pcmtission is given to prepay freight and charge separately, the original bright bill must accomnnnv, invoice. Additional charges for oackina will not be accented. Shipment Distance. Where marefammrs have distributing points in vistrious pans of the coumry, shipment is expected Farm the Modest distribution point to dedication, and excess freight will he deducted fmm Invoice when shipments are made fmm greater distance. Pemtir. Sella shall power, at sellers sole cod all necessary permits, cenifimta mad licaws raluired by all applicable laws, regulation, ordination and rules of the sure, municipality, firamry or Political subdivision where the work is prrfomred, ar required by any .,be, duly c reffined public authority having jurisdiction ever the work of vendor Seller faller agrees r. hold elm City of Fort Cull ins hamdess from and against all liability and lass incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, Miles regviremenB. Awasuriz lion. All Forties to this mntrvm agree oat tie representatives are, in fuel, boat fide and possess full and complete authority to bind said ponies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the mina and condition stated herein set forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or efficient tames and conditions propmed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately ifWu firemen make complete shipment to wave on your Promised delivey data as noted. Time is of tie e5nenre. Delivery and perfpmtam<rant he carried with. the time sorted on the purchase paper and the daumenis atached hereto. No tic¢ of the Porvhners including, without limitation, acceptance of panel late deliveries, shall opemm as a waiver ofthis provision. In Life event of any delay, the Purchaser shall have, in addition 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 as a resell of delays due to causes nor reasonably foreseeable which are bryond its renonable control and without its fault of negligence, such acts offing, acts cf civil or military authorities, govemmenal priorities, fees, snakes, road, epidemics, wan or riots powerful that notice of are condidon causing such delay is given no tie Purchner within five (5) days of the time when the Seller first received knowledge thereof In tie event of any such delay, the date of delivery shall he extended for are period equal to the lime acroslly lost by tendon of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, sp eftemarre, samples maker other descriptions given, will be 0 for the purposes intended, and performed with the highest degree of care and compliance in a .... dame with accepted standard for walk of a similar =lure. The Seller agrees to hold the purchaser hmmless from any loss, damage or experee which the Puchaer may suffer or arm. account of the Sellers breach of warranty. The Seller shall replace, repair of make good, without cot to are purchaxr, any defects or faults arising within one (1) ymr or within such longer period of tome as may he procribed by law or by are man of my applicable warranty Provided by tie Seller after am date of acceptance of the goods f ished hereunder (acceptance at to be unreasonably delayed), resulting from impe,fect or defective work done or materials punished by the Seller. Acceptance or use of goods by the Purchaser dull not carnations a waiver of any claim under this veaarsma. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by are breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal in. bywtimen change order. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terms, other than legal terms, including addition to or deletions from the quprIowa originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects tie amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order, ramri=m this agreement as to any or all persons of are goods then not shipped, subject to any equitable adjtmmant between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental or cheat aind damages, and that no such adjustment be made in favor of the Seller with respat to any, good which are the Sellers saref r t stock. No such termination shall relieve Mae Purchaser or the Seller i f easy of their obligation as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. A, claim for adjustment mast be evsenad onto. tarry (30) drys from tie date the change or armamarion is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in suit, omplaance with all applicable laws and regulation to which the good are subject The Seller shall oaute and deliver such d.umemn as may ta, enquired m effect or evidence complisace. All laws iM regulation required I. be mrodpamted in agreements of this charmer are hereby incorpommll herein by this reference. The Seller agrees to indemnify and hold the Purchases harmless tram all costs and damages surfaced by the Purchaser as a rauh of are 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 wdnen anent ofthe other pay. I O. TITLE. The Seller warnings full, clear and unratrimed title to tie Purchaser for all equipment communist, mials, and items f fished in performance of this agreement free and cloy of any and all lien, restriction, reservations, s.uriry, interest encumbrances and claims of affect. 11. NONWAIVER. Failure of the Purchaser a insist upon strict performance of the terms and conditions hereof, failure or delay to account any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor pogrom for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this Purchase order atm shall not be deemed a vaaiver of any right of the purchaser,. insist upon strict performance hereofor any of its rights or remedie a to ay such goad, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescanaaam of this purchase order by the Purchases operate in a waiver of any of the terror hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purchaser recogn¢e and ne actual motwmic practice, overcharges resulting fmm whi,mm violation are in fact home by the Purchaser. Themofore, for good cruse end as consideration for executing ads purchase order, are Seller hereby assign to tie Purchaser any and all claims it may now have or hereafter acquired trade, federal or state antitrust laws far such overcharges Milan, to the particular goods or service purchased or acquired by the Purchaser ptusuent to this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser directs the Seller to carrier nonconforming or defective good by a dale to be agreed upon by are Purchaser and the Sella, and the Seller founder indicates its inability or unwillingness to comply, the Purchase, may cause tie work W be performed by the mat expedition means available to it, and tie Seller shall pay all mess as --dated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any name resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the .By released and shall extend do the directors, officer, and employees ofsuch parry. The Selleh contram add obligation, including wamenty, shall and be deemed to be, reduced, in any way, bcanc such work is performed or mused to be performed by the Purchaser. 14. PATENTS. Whenever he Seller is required in use any design, device, mndtrial or process covered by lemer, patent, trademark or copyrighl, 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 Puahaser for any and, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or alter the completion of are work. In me said equipment, or any pen thereof or are intended use of tie good, is in such suit held to mntitme infringement and the use of said cgitipmem or pan is enjoined, the Seller shall, at its own expvsse and at its option, dinner procure for the Purchaser as, right to continue using said aluipmem car pans, replace the same with substantially tyual but non infringing equipment, or modify it so it becomes nonanfine,ing. 15. INSOLVENCY. If tie Seller shall became insolvent or bankmpt, make an assigurnent far the ansfil of credimrs, appoint a reactivate or trustee for any of are Sellers pnryeny or business, are oapm may foMwia be canceled by the Puchaer without liability. 16. GOVERNING LAW. The definition oftenms used or the interrogation of the agreement and the rights oral] parties hereunder shall Im construed under and governed by the laws of the Sate ofColomdo, USA. The following Addition] Condition apply only in rigs where are Seller is to Ferf work hereunder, including tie servaca of Sellers Represermare(s), on tie pre min ofothers. 12. SELLERS RESPONSIBILITY. The Seller shall wary on said work in Sellers own risk said are sane is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work prefer materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and tyuipmem are famished by other for installation or erection by the Seller, the Seller shall receive, unload stare and handle scone at the site and become responsible therefor as tough such materiak maker equipment were being burnished by Raw Seller wrier tie order. 18. INSURANCE. The Sella shall, at his axes expose, provide for tie payment i f wicker, compensaim, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependants in accordance with the laws of the state in which the work is he be done. The Seller shall also carry comprehensive general liability including, but not Ilmiad to, contractual and automobile public liability insurance with 0.tlily injury and death limits of m least S300,000 for any one person, $500,000 for any one accident and property damage limn per accident of S400,000. The Seller shall likewise enquire his mmmcma, if any, ro provide for such compensation aM insurance. Before pry of the Sellers or his contractors employees shall do my work upon the premises of other, tie Seller shall furnish the Purchaser with a certificate shot such compcand iew map insurance have been provideQ Such mrtifiare shall specify the, data when such compensation and Examence have been provided. Such cenificatas shall specify the date when such compensation and insurance expires. The Seller agrees new such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINSIACCIDENTS AND DAMAGES. The Seller hereby assumes am entire responsibility and liability far any and all damage, loss or injury of any kind or aware whatsoever to person or property, mused by or continue from tie execution afore work provided for in am purtbase order or in comer ion herewith. The Seller will indemnify end hold harmless tic Purchaser and any r all of the Purchasers once s, agents and employers from mark again, any and all claims, losses, damages, charges or expenses, whether direct or Molinaro, and whether to persons or property to which the Purchaser may be pm or subject by reason of any am, action, neglect, omission or default on the part offing Seller, any of his coatmclors, or any of the Sellers or contractors officer, agents or employees. In nor any suit or other presuchugs shall be bought against an, Ptuchaer, or its officers, agents or employees at any time oa account or by re sum of any act, =lion, neglect, omission or default of the Sella of any of his matrmmrs or any of its or area officers, agents or employ., n aforesaid, nne Seller hereby agrees a assume the def thereof and m defend the same al the Sellers own npettse, to pay my nM all costs, changes, v�eys f and other txpenses, any and all judgments that may be incurred by or obtained against tie Purchaser or any of its or their officers, agents or employees m such suits or other proceedings, and in case judgment or offer lam be placed upon or obtained against the property of the Purchaser, or said panic in or as a result ofsuch suds or other proceedings, ,he Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, firmash and inall all gwrds necessary for are prevention of accidence, comply with ill laws and regulation win regard to asfery including, but witMu, limiudon, tie Occupational Safety and Haler Act of 1970 Brad all rules anal regulatio=issued Panama thereto. Revised 07n014