HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 9145471 (2)PO
PURCHASE ORDER 9145471 Page
City of PURCHASE
45471 t of 2
`t Collins( hisnumber must appear
` v " 1�7 on all invoices, packing
sli s and labels.
Date: 10/28/2014
Vendor: 110001
HIGH PLAINS MECHANICAL SERV INC
2020 AIRWAY AVE
FORT COLLINS CO 80524-2708
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
3 Addendum to PO #9145471
Boiler repair Inv 62035
(req 48372)
PER INVOICE #62035 DATED 10/23/14.
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 EA
Total
Pay terms net 30 days
Invoice Address:
831.71
71
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
I erchase Order Temts and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise l'ax Exemption Cenificam of Registry 84-6000587 is registered with the Collector of
Formal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a),
Goads Rejected. GOODS REJECTED due to failure as meet specifications, either when shipped or due to detbcts of
damage in transit, may be retmmed to yam far credit and are not to he replaced except upon weeper of written
instructions Firm the City ofFort Collins.
Impaction. GOODS are subject to the City ofFod Collins inspection on carried.
Final Acceptance. Receipt of the merchandise, services or equipment in response on this order can result in
cadenced payment on the pan of the City of Fiat Collins. However, it is to be understood fat FINAL
ACCEPTANCE is dependent upon completion of dl applicable required inspection procedures.
Freight Terms. Shipments mot be F.O.B., City of Pod Collins, 700 Wood St., Pon Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
bill must acmmoa o, invoice Additional above. fen packing will not be accepted.
Shipment Distance. Where manufacturers have distributing plats as varmus pens of the mumry, shipment is
expected from the interest distribution point to dmieation, and excess freight will be deducted f can Invoice when
shipments are made form g .In disance.
Patties. Seller shall procure at sellers sole cost all necessary permits, certificate and hearses required by all
applicable laws, regulations, ordinances and tales of the slate, municipality, lerrimry or political subdo,roo n where
the work is performed, or ox,ired by any other duly constitmed public aulhadty havingjurisdiction over the work
of vend., Seller further agrees to hold the City of Fort Collins harmless from and against oil liability and loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, rates
and requirements.
Authoritarian All ponies I. his contract agree that the representatives are, in fat bow fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purehau Order expressly limits acceptance to the terms and conditions sound
herein set firms and any supplementary or additional terms and cone irions annexed harem or incorporated herein by
reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou award make complete shipment to of on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be effaced within fie time
stated on the purchase order aria the documents attached hereto. No ran of the Franchisees including, withaul
limitation, anatomic of Partial lam deli mq shall opane as a waiter of this prevision. In the ,at of any delay,
the Purchavcr shall have, in addition to other loge and equitable eemNies, the option of placing fis order sh exbere
add holding the Seller liable for damages. However, the Seller shall trot be liable for damages as a result of delays
due to tames not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence,
such ods of God, acts of civil or military authorities, governmental prinndiea fires, strikes, Bond, epidemics, wars or
rims provided thal notice of dire conditions causing such delay is given to the Purchaser within five (5) days of the
dime whan the Seller first received knowledge thereof! In the event of any such delay, the date of delivery shall be
extended for the pen W equal to the time actually lost by reason of fie delay.
3. WARRANTY.
The Seller wamnty that all goods, articles. materia6 am work covered by this coda will madmin with applicable
drawings, spcifientions, samples -Nor ofer descriptions given, will he fit fen the purposes intended, am
perfowed with the highest degree of care hard compience in acmNance wilt isnaggal shad-ds for work of a
similar whire. The Seller egrets to hold fie purchaser harmless form any loss, damage or expense which he
Purchaser may inflater incur on account ofthe Sellers breach c f warmly. The Seller shall replace, off or make
Read, without cost to the Purchaser, any defects or faults rinsing within one (1) year or within such longer period of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aft the date of
coigne¢ of the goods famished hounder (acceptance not to be unreasonably delayed), resulting from imperfect
or directive work done or materials Crowded by the Seler Acceptance or use of goads by the Purchaser shall not
constitute a waiver of any claim under this warranty. Fxcept as otherwise provided in this purchase order, the Sellers
liability hounder shall extend to all damages proximately caused by the breach of any of fie foregoing warmmia
or guarantees, but such liability she[ in em event include loss ofpmfits or loss 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 terms by waver change order
S. Cl IANGES IN COMMERCIAL TERMS.
'fhe Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from
the quantities originally ordered in the sped ficmions or drawings, by verbal or written change order. If my such
change affects the amouat due at the time ofperfowmce hereunder, an equitable adjustment shall be made.
6.TERMI14ATIONS.
The Purchaser may at any time by wniren struggle order, tewiwre this agreement as to any or all portions of the
goods then not shipped, subject to my equitable adjuamem bnwem the parties as to my work or materials then in
progress provided that life Purchaser shall not be liable for any claims for anticipated profs on the uncompleted
portion off, goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which art the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller ofanry of their obligations m to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assumed within If (30) days form the date the change or nomination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict
compliance with all applicable laws and regulation to which the goods are mbjen. The Seller shall execute and
deliver such documents as may be required to effect - evidenoe compliance. All laws and regulations required to be
incorporated in agriagra m of this character me hereby incorporated hoin by this mfcrence. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the
Sell— Failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tmnfn, or c-wey this order, or my monies due or to become due bounder without he
prior.aiurn,.earn i fthe other parry.
I(h TITLE.
The Seller warrants full, clear and umetricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all lira, revoiniom, reservation, security interest
encumbrances and claims of others.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, fail-. to promptly notify the Seller in the event of a
breach, roe acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereofor my of its rights or remedies res to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hounder, nor shall any Loosened
and modification or reuission of this purchase order by the Purchaser ai men as a waiver of any of the neon
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser remgnrze that in actual economic practice, o ercharga resulting from antitrust
violations are in fad home by the Purchaser. Theretofore, for good came and as consideration for executing this
purchase own, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafin
acquired under federal or state antion st laws for such overcharges relating to he particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Iffe Purchaser directs the Seller to correct nonconforming or defective goods by a doe to be agreed upon by the
Purchaser and flee Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be prformed by he most expeditious means .,.liable to it, end the Sella stall pay all
cots associated with such work.
Fit Seller shall release the Purchaser and its contractors of any tin from all liability and claims of my nature
resulting from the performance of such work.
This release shall apply even in the evens of fault of negligence of the party releand and shall extend to the
dienars, offices and employees of such party.
The Sellers comhnml obligations, including wormy. shall not he dermal to be reduced, in my way, because
such work ex performed or caused to be parfotmed by the PancRava.
14. PATENTS.
Whenever me Seller is regain to use any design, device, minimal or process covered by letter, patent, trademark
copyright, the Seller shall indemnify and save h-nrlas the Purchaser from any and all claims for infringement
by reason of the use of such p.retired design, device, rmtenal or process in connection with the contract, and
shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason ofsuch
infringement at my time during the prosecution or after the completion of the work. In case said equipment, or
my pad herivf or the intended use of the goats, is in such suit held to constimm infringement and fie use of
said equipment or part is enjoined, the Seller shall, at Its awn expose and at Its option, either perform for the
Purchaser the right to continue using said equipment in party replace the same with substantially equal but
noninfnnging equipment, or modify it so it becomes nownfringmg.
15. INSOLVENCY.
If the Sella shall become insolvent or bankmpl, make an resi,comel for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by 'he
Purchaser without liability.
16, GOVERNING LAW.
The definitions of4ems used or the nomination of the agremem and fie rights of all probes hereunder shall he
,unwed order and govemed by the laws ofthe State ofC.I.d., USA.
The following Additional Conditions apply only in eases where the Seller is to prfow work hereunder,
including the services of Sellers Represenestivef sk on fie prmisa foreman,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said wok at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident. destruction or injury to the work maker materials before Settees final completion and
ccepmntt, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or oction by the Seller, the Seiler shall receive, unlwd.
store sad handle sonic at the site and become repnible drerefor as though such matera6 .Per aryipmmt
.are being Finished by the Seller under the owes
I S. INSURANCE.
The Seller shall, at his own expense, provide for he payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase owe',
and/or to their dependents in accordance with the laws of the &rate in which the work is to be done. The Seller
shall also carry comprehensive general liability including. but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least 530Q000 for any one person, S500,000 for any
accident and property damage limit per accident of S40g000. The Seller shall likewise .,.an his
contmctars, if any, to provide for such compmon.. anti insurance. Defore my of the Sellers or his contractors
employees shall do any work upon fie pmnises of other. she Sella shall Smash the Purchaser with a ttdificate
that such compeiswtion and insumnce, have been provided. Such renihcaa shall specify the date when such
compensation and insurance have bean pm,ided. Such cerireates &hall specify the dare when such compensation
and insurance expires. The Seller agrees Out such compn edion and insurance shall be maintained until after the
entire work is completed and aceegres.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and AI damags, loss or injury of any kind
or nature whosoever to persmes or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection hoxith. The Seller will indemnify and hold harmless the Further and any
r all of me Purchasers officers, agents and employees from and against my add all claims, losses, damages,
change or expenses, whether direct eir indirect, and whdher ra parsons or property, to which the Purchaser may
he put - subject by reason of my an, action, closer. omission ne default on dre pan of die Seller, my of his
contactors, or my of the Sellers or cra tmno s officer, agents or employees. In cave any suit in other
proceedings shall be brought against the Purchaser, 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 corwnors or any of its or
their officers, agents or employees as afarmid, the Sella hereby agrees to assume the defense thereof and to
defend he same at he Sellers own expense, to pay any and sH cots, charges, attorneys fees and ofer expenses,
my and all judgments that may be incurred by or obminal against the Purchaser or my of its or heir oRcers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained againt the property nfhe Purchaser, or said panic in or as a result of such suits or comer proceedings,
he Seller will at once muse the same to he i issohN aM dischmgM by giving bond -otherwise. The Salley and
his commoners shall take all safety precautions, Burnish and toenail all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, toe
Occupational Safety and Healer An of 1990 and all rules and regulation issued punu t here e,
Revised 072014