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HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 3214112 (2)Fort Collins Date: 12/10/2014 PURCHASE ORDER PO Number Page 3214112 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 110001 Ship To: WATER UTILITIES HIGH PLAINS MECHANICAL SERV INC CITY OF FORT COLLINS 2020 AIRWAY AVE 700 WOOD ST FORT COLLINS CO 80524-2708 FORT COLLINS CO 80521 Delivery Date: 12/10/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to add funds 1 LOT LS 5,000.00 per requisition 48845 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 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 L COMMERCIAL DETAILS. Tox exemp,ions. By smmm foe City of Fan Collin is exempt from state end local axes. Our Exemption Number n 11. NON WANER. 98A4502. Federal Excise Tax Exemption Cmificare of Registry 84-6000587 is registered with foe Collator of Failure of the Purehasa to mount upon sufct performance oldie mans and condifions hereof, failure of delay to Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26. 114 mL exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella Or the event of a breach, tho acceptance of or payment for goods hereunda or approval of the design, shall apt relcew the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and are not in he replaced except upon receipt of within purchaser 10 insist upon stria performance hereof or any of its rights or remedies as to any such goods, mgardless instructions from the City of Fon Collins. of when shipped, received or accepted, u to any prior or subsequent default hereunder, nor shot] any pertained oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tents Inspection. GOODS arc subject o the City of Fort Collins implanter on arrival. hereof. Flood Acceptance. Receipt of the merchandise, senior or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authomed payment on foe pan of the City of Fair Collins. However, it is to be understood that FINAL Sella and the Purchaser meadow that in amal economic practice, overchugn mulling from material ACCEPTANCE is dependent upon completion of all applicable required inspection pmecdures. violations are Orfact home by the Purehuer. Theretofore, for good came, and as consideration for ex scum, this purchase order, the Sella hereby assigns to the purchaser any and all claims it may now, have or hereaPer Freight Tam¢. Shipments must be F.O.H., City of Pon Collins, 700 Wood Sr, Fort Collins, CO 80522, unless ttquired under federal or state m,imnl laws for such ovewhinge, relating to the panicular good ar services Otherwise specified on this order, if permission is given to prepay freight and charge aeporowly, the original freight p rrehaand car acquired by the postal Pa.., to this purchase ord, bill most accommnv invoice. Aditioral charea for oaekim, will sot be accepted. Shipment Distance. Where manufactums have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destinalim, and excess freight will be deducted firm Invoice when shipments are made from gramr distance. Permits. Seller shall procure at sellers sole cast all necessary peral cenificales and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision whet, the work is performed, or required by any other duly combined public minority havingjunsdiction over the work of vendor. Seller fmfe, agrees to hold the City of Fall Collins harmless from and against all liability and lass incrrred by them by reason of an recomed or amblishN violation of any such laws, regulations, ordinances, Oaks and tattiremen.. Audmrizauon. All parties to this contract agree tint the representativev are, in fact, bow Ede and possess full and complete authority to limit said panic. LIMITATION OF TERMS. This Pumhax Order expressly him. acceptance to the tanm and conditions stated herein set forth and arty supplementary or additional terms and conditions annexed hereto or incorporated basin by reference. Any additional or different terms and conditions proposed by seller are objected m coal hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Leon cannot make complete shipment to naive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time slated on the Paribas, order and the documents attached hereto. No acts of the Failure, including, without limitation, acceptance of partil lam deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pumham, shall have, in addltian to he, legal and a triable remdla, foe option of placing this order elsewhere and holding fe Sella liable for damages. However, foe Seller shall m1 M liable far damages as a result Of delays duc to muses trot reamnably faressuarst which art beyond its reasonable control and without its fault of negligence, such acts ofGod, acts of.,ii of military authorities, go, m rx mI priorities. Ern, strikes, Etd, miderniq wars or nots provided fat notice of the conditions causing such delay is given to the Purehua within five (5) days of the time when the Seller first received knowledge thereof In fe went of any such delay, the did, of delivery shall M extended for the period equal to the time actually lost by reason off, delay. 3. WARRANTY. Ile Seller warrants that all good, ankles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be It, for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser haral ss from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchase, any defects or foal. arising within one (1) year per within such longer paritd of time as my he prescribed by law or by the terms ofary applicable wavanty provided by the Seller after the date of acceptance of the good Ermished bemmila (incmmnce not to he umeawnably delayed), resulting Gam imps t or defective work dove or matcrils furnished by foe Seller. Accepuma or use of goods by fe purchaser shall oat anatomic a waiver ofmy claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hermnder shall extend to all damages proximately caused by fe breach of any of the foregoing warranties or guamntces, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. A. CHANGES IN LEGAL TERMS. The Pumme r may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pureh r may make any changes as the teens, other than legal tens, including additions to or dele ion from the quantities originally ordered In foe specifications or drawings, by vefal or written change one,. If map such change afects He meant due Or the time of performavtt hereunder, an equitable mijusfinem shall be, made. 6. TERMINATIONS. The purchaser may at any time by women change polar, morainic this agreement as to any or all portions of foe goad that not shipped, subject In any equitable adjumnrnt between foe parties as to any work or materian fm in progress pmvtded that to Purchase shall not be liable for any claims for anticipated profly on the uncompleted Portion of the good and/or work, for incidental or consequential damages, and fro no such adjusment ht made in favor of the Sella with respect to any good which art the Sellers smndard stack. No such lamination shall relieve the Purchaser Or flue, Seller of any of their obligations as to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be tesMed within finy (30) days from the dam the change per termiwtian is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants dust all good sold hereunder shall have been produced, sold, delivered and funishW in strict compliance with all midusible laws and regulefiom to which the good aft s.bj.,. The Seller shall execute and deliver such doaunems as may be rai.inal to effect or evidence complunce. All laws and regulations required to be morppmted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchase hand. from ell cos% and damages suffered by the Purchaser as a real, of fe Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, hansfev or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants Poll, clear and combr ed title to the Purchase for all equipment, nationals, and items fttmishd in performance of this ame ment, free end clew of any and all liens, restrictions, reservations, security interest mcumbmrons end claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs Ore Sella to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Sella thatcher indicates its inability or unwillingness 10 comply, the producer may cause the work to he performed by the most expeditious meals available to it, and the Seller shall pay all cos. associated with such work. The Sella shall release the Purchaser and its contractors of any tier from all liability end claims of any nature resulting from the pert re ofsuch work. This mlmse shall apply even in fe exam of fault of mgligence of the parry released and shall extend to foe directors, officers and employees ofsuch Imply. The Seller's comrmmal obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchases. Ia. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by later. Patent, trademark or ropyrighl, the Seller shall indemnify and save hmmless the Purchaser from any and all claims f infringement by reason of the use of such patented design, desire, material or process in contrarian with the contract, and shall indemnify the Purchases for any cost, expense or damage which it may be obliged to pay by reason of such Infringement many time during the prosecution or after the completion of the work. In case said equipment, or any pan therm( or the intended use of the good, is in such suit held to constitute inMngemem and foe use of said equipment or pan is cnjoia d, the Seller shall, at its own expense and of its option, eiher procure for the Purchaser the right to continue using said equipment or pros, replace foe same with substantially appeal but noninfiinging equipment, or modify it m it becomes casinGnging. 15. INSOLVENCY. If foe Seller shall become insolvent or bankrupt, ]rake an acounc cad for foe bereft of creditors, appoint a or trustee for any of foe Sellers pmpeny or business, this order may fonhwilh be, conceld by foe Purchase, without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation offe agreement and the rights of all ponies herewder shall be construed under and governed by the laws of the State ofColma la, USA. The following Additional Conditions apply only in rams whcrt the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premiss ofoduers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sell&, awn risk ..it fe same is fully completed and accepted, and shall, in case of any accident, destruction or injury to foe work and/or commials before Sellers firal completion and acceptance, complete foe work at Seller's own expense and to the sati,ficer n of the Purehaua. When materials and equipment are firrowhed by others for installation or erection by foe Sella, the Seller shall receive, conked, .tort and handle same at fe site and become responsible therefor as tough such mmerml5 and/or apuipmmt were being finished by the Seller under the order. 18. INSURANCE. The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent, in accordance with the laws of the store 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 imursme with bodily injury and demh limits of or bear SJOLON for any one person, SSOO,nnd for any one incident and property damage limit per accident of 5,100,000. The Sella shall likewise require his contractors, Worry, to provrle for such compensation and insmame. Before any orthe Sellers or has enmmmors employees shall do any work upon the premises of ofcrs, the Seller shall furnish the Pumbaur witha comficate that such compensation and insurance have been provided. Such certificates shall] specify foe date when such compensation and insurance have boon provided. Such corffcates shall specify the dam when such compensaicn and insurance expires. The Sella agrees fat such mmpe surnon and insurance shall be mainmined and] after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility cad liability for any and all damage, loss or injury afraid, kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection hacwith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employal from =it against any and all claims, losses, damages, charges or expenses, whether direct or ordinal, and whether to persons or pmpany to which foe Purchaser may be put or subject by reason of any eel, action, night, omission or default on foe part of the Seller, any of has coptmctors. or any of the Sellers or contractors officers, agents or employees. In cane any suit or other proceedings shall be brought against the Pumhuer, or its officers, agents or employees at any time on account or by reason of any mL Is uoa initial, omission or default of the Sella of any of his contractors or any of its or their oMo., agents or employees as aforesaid, foe Seller hereby agrees to assume the defense fermi and to defend the same at the Sellers own expense, to pay any and all cos., charges, attorneys fees col other expenses, any and all judgments that nay be incurred by or obtained against the Purchaer or any of its or their ORcers, agents or employees in such suits or other proceedings, and in can judgment or other lien be placed upon or obtained against the property of the Rochester, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause due same to be dissolved and dnchargd by giving bond or otherwise. The Sella and his commmtors shall take all solely precautions. Pomish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all miss and regulations issued pursuant thereto. Revised 07n014