HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 9145703PO
PURCHASE ORDER 914570er Page
C117/ of PURCHASE
45703 1012
Flirt Collins( his number must appear
!-\V`I ` V 1 1�7 on all invoices, packing
sli s and labels.
Date: 1010112014
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: 10/01/2014 Buyer: DOUG CLAPP
Note: ref. annual contract # 7359
Line Description Quantity UOM Unit Price Extended
Ordered Price
t 220 N Howes
Install wall exhaust fan and
intake louvers.
ref. invoice # 61869
dated 9/23/14
Contact: Biven
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.mm
1 LOT LS
9,882.75
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. COMMERCIALDEfAILS.
Tax exemptions. By stature the City of Fan Collins is exempt from some and local axe. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
heated Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 3936, 114 (a).
Goods Rejeced. GOODS REJECTED due to falltre m meet specifications, either when shipped or due 10 de@cos Of
damage in tmmit may be roamed 1rs you for credit and are not to be replaced except upon receipt of written
imtmecierm from the City of Fort Collins.
Inspection. GOODS are subject m the City of Fon Collins inspection an amisal.
Final Acceptance- Rttelpt of the merchandise, sal or equipment in ¢spense to this order can result in
authorized payment on the goo of the City of Fors Collins. However, it is b be understood deal FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terms. Shipments must be TOP, City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in manor from of the country, shipment is
expected from the .renal ditrlbmom in, m destruction, and caress fight will be deducted from Invoice when
shipments are made from gamer distance.
Preens. Seller shall prime at sellers sole cost all neceaary permits, cenificates and licenses requital by all
applicable laws, regulations, ordinances and toles of the state, municipality, territory or political subdivision where
the work is parPonand, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller fisher, agrees In hold the City of Fort Collins hsmless from and against all liability and loss
incurred by them by reason of an assailed m carablisheJ violation of any such laws, regs, ulationordinances, codes
and requirements.
Authmiamlon. All ponies to this minimal agree But the reprtsentafives are, in fact, fora fide and possess full and
complete authou ry no bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptane, to the terra and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed harem or incorporated herein by
reference. Any additional or di@rent terror and conditions proposed by seller are objected to and hereby jMed.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately il'you cannot make complete shipment to amve on your
promised delivery date as noted, lime is of the essence. Delivery and perfarramor cast be effected within the time
sorted on the purchase or and the documents attached harem. No acts of the Purchasers including. without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event or my delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere
and holding dee Seller liable for damages. Horsescr, the Seller shall not be table for damages as a result of delays
due to causes not reawNably finesreable which ism beyond is seasmable around and without its fault of negligence.
such acts of God, acts of civil or military authorities, invenmrnal pnorilhxs fits, strikes, flood, apidemies, 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 We Seller first received knowledge thereof. In the event of any such delay, the dale of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, aides, nationals and work covered by this order will conform with applicable
drawings, spmifirmiom, sample ardor ahem daciptions given, will be fit for the purpmes intended, and
performed with the highest &,an of rare and competence in accorduava with accepled nzndards for work of a
similar more. The Seller agrees In hold the purchaser bmerless from any loss, damage or expense which We
Purchaser may suffer or incur on ewers", of me Sellers breach of warranty. The Seller shall replan, repair or make
good, mention cost to the purchaser, any dialects or foales arising within one (I) year or within such longer pound of
time as maybe prescnbed by law or by We terms of my applicable warranty provided by We Seller after the dam of
acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect
or de@erive, work done or materials f mished by the Seller. Acceptance or not of goods by the Purchaser shall not
institute a waiver of any claim under this warranty. Except as otherwise provided in this pumdow order, the Sellers
liability hereunder shall extend to all damages pmxiera ily used by the breach of any of the foregoing warranties
or grommees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES INLEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes N the term,, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or comings, by verbal or written change Order. If any such
change affects the amount due or the ume of perfom ice hereunder, an equitable adjustment shall be made.
,LTERMINATIONS.
The Purchaser may at any time by wriaen change mean terminate this e,cement m 1m any or all portions of the
goods Wen not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided that We Purchaser shall not be liable for any claims fat amiciplcd profs on We uncompleted
Portion of We good andlor work, for incidental or cmmse,somal damages, and thin no such ism u thnent be made in
favor of the Seller with mixer to any goods which arc the Scllers sandard track. No such mov mtiov shall relieve
,he Purchaser or the Seller ofany of their obligations as m any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or mnsumuan is
ordered.
8. COMPLIANCE WITH LAW.
The Seller amounts 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 art subject Fat Seller shall execute and
deliver such documents as maybe required to effect or evidence compliance. All laws and regulations eequired to be
incorporated in agecements of this drama er ate hereby incorporated herein by this reficoms. The Seller agrees to
indemnify ad bold the Purchaser hapless from all cars. and damages safferd by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither perry, shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other pay.
10. TITLE.
The Seller mamma full, clear and unrestricted title W rue Purchaser for all equipment, materials, end items famished
in parforame, of this agreement, free and clear of may and all liens, ratncrimss, oesmations, seevriry interest
encumbrances and claims of others
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the fores and conditions hereof, failure or delay to
exemise 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 release the Seller of
any of the waranties or obligations of this purchase order and shall not be, deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to my prior or subsequent default hemunder, we shall any point
oral modification or rescission of Nis purchase order by the Pmchmer operate as a waiver of any of the terms
heeof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual everavernic practice, overcharges resulting from antitrust
violations are in fact boom by the Puose. mhTheretoforefor Good cause end as consideration for exemfng this
purchase order, the Seller hereby asslb s to We Purchaser any and all claims it may now have or hereafter
acquired made, federal or stile antitrust lases for such overcharge relating to the punieulnr goods or services
parcha ed or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dime6lhe Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and We Seller, and the Seller theeezfler indientea its bidding at unrxillinpass to comply, the Purchaser
may cause the work to be performed by the most expeditions means available to it, not the Seller shall pay all
casts associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting fmm the perfomtance ofsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, effects and employees of such parry.
The Sellers contmenul i bligmierm, including.1y, shall not be deemed to be reduced, in any way, because
such work is performed or caused in be performed by We Purchaser.
14. PATENTS.
Whenever the Seller is required In use any design, device, material or process covered by le ter, patent. trademark
or copyright, the Seller shall indemnify and save hamless the Purchaser from any and all claims for inGngemem
by reason of the use Of such patented design, device, material or process in connection with the contmeq and
sholl indemnify the PumLmer for any cost, expense or damage which it may be obliged to pay by mason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or me intended me of the goads, is in such suit held m announce infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser We right to continue using said equipment or pans, replace the same with substantially egml but
noninGnging equipment, or modify in son become taninfinit .
IS. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make as assignment for roe benefit of creditors, appoint a
recver or trustee for any of the Sellers properm property or business, this indoor ay forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterns used or the interpretation of the agteemem and the rights cl all panics hereunder shall be
contoured wrier and goad by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including Ile services of Sellers Represes ative(s), on the Features ofoWers.
17. SELLERS RESPONSIBILITY.
The Seller shall entry on said work at Sellers own risk until the same is Wily completed and acceptor, and shall,
in se of any accident, destruction or injury to the work anrVor 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 equipment are 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 bough such materials and/or equipment
were being furnished by the Seller under the order.
18, INSURANCE.
The Seller shall, at his own expense, provide for be payment of workers compensation, including occu nsional
disease benefits, to its employees employed on or in connection seem the wave cavertd by this parchaw order,
andror to their dependents in accende ce wire We laws of the stag in which We work is to be done. The Seller
shall also carry comprehensive general liability including, bur nor limited m, contractual and automobile public
liability insurance with brandy injury and death limits prat least $300,000 for any one person, $500,000 for any
one accident and pmpeny damage limit pas accident of S400,000. The Seller shall likewise require his
contractors, if any, to provide far such compensation and ii e. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall fiunish the Purchmer with a certificate
that such compensation and insurance have been provided Such certihmte shall specify the date when such
compensation and insurance have been provided. Such cenifcete, shall specify the date when such compensation
and insummce expires. The Seller agrees that such compensation and insurance shall be maintained unfit after dam
move work el completed aid accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and list try for any and all damage, loss or injury of my kind
or more whatsoever to persons or pmpeny caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. toe Seller will indemnify and hold harmless the Purchaser and any
cr all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
harges or expenses, whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may
N, put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his
ommerce, or any of Ore Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against We Purchaser, or its officers, agents or employees many time on account or
by ran of my eak action, neglects, omission or default of the Seller of any of his contramrs a soy of its Or
their officers, agents or madiryecs as aforessid, the Seller hereby agrees to assume the &in. thereof and to
defend the same at the Sellers own expense, W Jury any and all costs, charges, amomeys fees and other expenses,
any and all judgments mat may be incurred by or obtained against We Purchaser or any of its or their officers,
agents or employees in such suits or other pmceedinga, and in case judgment or other lien be placed upon or
counted against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller ad
has contractors sndll take all safety precautions, famish and install all guards ncccsury for be prevention of
accidents, comply wide all laws and regulations with regard to safer, bcluding, but without limiaton, the
Occupational Safety and Health An of 1920 and all rates end notorious issued pursuant thereto.
Revised OM014