HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 9150233PO
PURCHASE ORDER 915023er Page
CI�I of PURCHASE
9150233 1012
' `t Collins
Ins This number must appear
V ` on all invoices, packing
�slipsand labels.
Date: 01/13/2015
Vendor: 110001
HIGH PLAINS MECHANICAL SERV INC
2020 AIRWAY AVE
FORT COLLINS CO 80524-2708
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket Order 1 LOT LS 20,000.00
Misc. - HVAC
to cover the cost of HVAC work for fiscal year 2015
as per terms and conditions of BID #7359. All services
shall be ordered by City Facilities department only.
All completed services must be accompanied by an
invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
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 $20,000.00
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. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempr from stale and local axes. Om Exemption Number is
I L NONWAIVER.
98-04502, Federal Excise Tax Exemption Cmifcate of Registry 84-6000589 u register t with the Collector of
Failure of the Purchaser ro insist upon strict pMomtance of the tams and conditions hereof, failure or delay to
Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance for payment for goods hereunder or epp.-[ ofilm design, shall wo relace the Seller of
Goods Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due to defects of
any of the warranties or obligations of this patch se order and shall not he domed a waiver of any light of the
damage N transit, nay he retuned no you for credit and art not to be replaced except upon receipt of written
Purchaser to insist upon shirt performance hereof or any of its rights or remedies ns to any such goods, regardless
instructions from be City of Fog Collim.
of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my postponed
oal modification o rescission of this purchase order by the purohas- operate m a waiver of any of the terms
Inspeoiom. GOODS are subject to the City of Fort Collins inspection on anival.
hereof.
Final Acceptance. Receipt of be merchandise, services or equipment in response to this order can result in
12. ASSIGNMENT OF AMITRUST CLAIMS.
auforized payment on the pan of be City of ran Collins. However, it u to he understood but FINAL
Seller and the Prighaur recognize that in wtml ec is practice, weacharl resulting from antitrust
ACCEPTANCEisdcpcndmtupnmmpleionofwlapplicablemquigedimpmtionprmed .
sembilics are in fact home by the purchaser. narrating, for good cause and s consideration for corroding Nis
purchase order, Ne Seller hereby acsigs a the Purchaser any arm wl claims it may now have or homing
Freight Tam¢. Shipments most list F.O.D.. City of Fan Collins, 700 Wood St., Fort Collis, CO 80522, unless
acquired under federal or slate antitrust laws for such overcharges relating to be Particular goods or Services
otherwise specified on this order. If permission is given to prepay freight men charge separately, me original freight
purchmN or acquired by the Pochser pursuant to this purchase under.
bill must ucommnv invoice. Additional changes for Parkin¢ will not be, accented.
Shipment Distance. Where manufactuars have distributing points in various pans of the country, shipment is
expend from be nmsest distribution point to destination, and excess freight will W de ucad Item Invoice what
Shipments are made from getter distance.
Pemtits. Seller shall procure at Sellers to in all mc«ury permits, certificates and liras« squired by all
applicable laws, regulatiom, coduances and ales airline state, mwicipaliry, territory at political subdivision where
the work is performed, or mutual by any other duly mmtimted public authority having jurisdiction over the work
of vendor. Sella further agrees to hold the City of Fog Collins hmmleas from and against all liability and loss
incurred by them by reason of an asserted or established violation of my such laws, regulation. ordinances, ales
and requirements.
AuforixOtion. All parties to Nis contact agree that the rtprtsrntatives art, in CO. bom fide and possess full and
complete euforiry m bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance a the team and conditions stated
herein set fond and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different team and conditions proposal by Seller are objected to and hereby rejrood,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make <omplere shipment to active on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance most so eifeoed within me time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of,OOi.1 Ise deliveries, shall operate as a waiver of this provision. In the event army delay,
me 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 result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
Such acts of God, rots of civil or military authorities, govemmrnted priorities, Bees, strikes, Bond, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time what the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for me permit equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all Goods, ankles, materials and work covered by this order will conform with applicable
drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and
perfrmed with the highest degree of care and competence in accordance with accepted sandards for work of a
milar more. The Seller agates to hold the porri Ia rdes5 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 purchaser, any degrees or faults wising within one (1) year or within such longer period of
time as may be prescribed by law or by the tests Of any applicable warranty pvided by the Seller after the date of
weepance of be goads famished hereunder (acceptance not to be unreasonably delayed), resulting from impart t
or defective work done or modals furnished by the Seller. Acceptance or use of good by be Purchaser shall not
constitute a waiver of any claim under this warranty. Except s otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profies or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Po<haser may make changes to legal terms by w'rinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Puabma nosy make any changes to the ens, other than legal notion, including ndditiona f or deleliooa from
be quantities originally oNered in be specifications or drawings, by verbal or written cleanse order. If any such
change which; to amounr due or the lime of afb.., hereunder, an equitable Wjmtrarnt shall he made.
6. TERMINATIONS.
The Purchaser may at any time by wdnrn change order, termite¢ this agreement as to any or all p rioos of the
good fen Out shipped, subject to any equitable adjustment between the parties s he any work or materials then in
progress provided that site Provisioner shall not he liable for any claims for anticipated Profs eu the uncompleted
portion of me good and/or work, for incidental or consequential damages, arm but no such adjusment he made in
favor ail be Seller with respect to any good which See the Sellers Simmons! stack. No such termination shall relieve
the purchuer or the Seller afany oftheir obligations as to any good delivered hereunder.
1. CW MS FOR ADJUSTMENT.
Any claim for adlosoment most he assumed within thirty (30) days from the date the change or termination is
ordered.
B. COMPLIANCE WITH LAW.
The Seller agam nts fat all good sold Cmund- shall have been produced, Sold, delivered ram f ished in strict
compliance with all applicable laws and regulations to which the goods we subject The Seller shall execute and
deliver such documents m may he required to effect or evidence compliance. All laws and regulation required to be
mcoryomted in agreements of this character are herby incorporated herein by this tefamm. The Seller agrees to
indemnify and hold the puglower harmless from all cnses and darreges Suffered by the Pwhnser as, a result .17b,
Sellers filure On comply with such law.
9. ASSIGNMENT.
Neither may shall assign, transfer, or convey this order, or any monies due Or to become due hereunder wifout die
poor wrihat coment of the office party.
10. TITLE.
The Seller warants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in perfmmt ree of this agment, freny e and clear of amust es all lies, resMmlasr«ry , radmns, wargy imersl
encombromez<and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correm tmnconforming or defectiss good by a date to he agreed upon by be
Purchaer and the Seller, and the Seller thereaBa ushome, its inability in unwillingness to comply, the Purchaser
may, toss, to work to he performed by the mast expedition rams available m it, and the Seller shall Pay all
mats twotated with such work.
The Seller shall release the Purchaser and its communist of any tier from all liabiliry and claims of any nahue
resulting from be pert anco ofsuch work.
This telowe shall apply on in the went of fault of negligence of the pony released and shall extend m the
directors, aRcers and employees of such parry.
The Settees contactual obliptios, including warranty, shall not he deemed to he reduced, in any way, became
such work is performed or caused to he performed by be Purchaser.
14. PATENTS.
Whenever the Seller is m-ryimd to use any design, device, maerial or process covered by titer, patent, trademark
r mpynght the Seller shall indemnify and save homeless the Purchaser from any and all claims for infrngement
by musion of the me of such patented design, device, namenal or process in connection with the commit, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by reason clutch
impingement at any time during the pros-utim o after the compleion of be work. In case said equipment, or
any pan thereof or the intended we of the goods, is in such suit held to constitute infringement and the use of
said equipment or NO is enjoined, the Seller shall, to its own expense and at its option, either procure for the
Purchaser the right to continue sing said equipment or pans, mplaw the same with substantially equal but
noninpinging airman, or modify it so it becomes nmtimfinging.
I ANSOLVENCY.
If the Seller shall become insolvent or banlempy make an assignment for the benefit of creditors, appoint a
receiver or grace for any of the Sellers property or business, this order may fnhwith be canceled by the
Purchase, without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parries hereunder shall be
combined under and g.,cmed by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenmtive(sk ..,he premises ofmthem,
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident, destruction or injury to me work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and on he satisfaction of the Purchase, When mamriak
and equipment are famished by others for ismllatimn or erection by the Selles, the Seller shall receive, unload,
store and handle scone at me site and become responsible therefor as though such materials anNor equipment
were being ftanlshed by me Seller under the order.
I S. INSURANCE.
The Seller shall, a his own espouse, provide for me payment of workers compensation, including comptioml
disease berefies, to its employees employed on a in correction with the work covered by this purchase order,
and/or to their dependents in accordance with me Iowa of the sate in which the work is to be done. The Seller
shill also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and drath limits of at least 530g0oo for any one person, 550sOW for any
one accident and property, damage limit per accident of 5400,000. The Seller shall likewise eager his
commomm if any, to provide for such compensation and maramence. Before any of the Sellers or his contractors
employees shall do any work upon me premises of others, the Seller shall famish the Purchaser with a certificate
that such compenation and insurance have been provided. Such anificams shell specify the date when such
compensation and insurance have brat provided. Such cenifimtes shall specify fe date when such compensation
and in umnce expires. The Sell -agrees then such enmpensmian and insurance stall be maintained until aft- the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Selles hereby a«um« the emire respnsibility and liability for any and all damage, loss or injury army kind
r manage whatsoever to persons or pmpenY caused by or resulting from Ne execution of the work provided fro in
Nis purchae order or in connection herewith. Tho Seller will maturity and held hawless the Purchaser and my
or all of me Purchasers wfieers, agents and emplo em, firm and against any and all claims, I.e. damages.
ch charges
l in ebt� whether direct or indirem, arm whether a persons o pampers m which the Purchaser may
pu J by rmaon o y as, anion, nci omission or default on der pan of the Seller, any of his
contractors, o any of the Sellers or covnanars officers, agents or employees. In rase any suit or ether
proceedings Audi be, brought against the Pwhs-, to its otfirros was or employces at any lime on acroum or
by mason of any act, acting; neglen, omission or default of the Seiler of any of hu continuing; or any of its or
their aMo., agates or employees s aforesaid be Seller hereby ogre« to assume me defense thereof and to
defend be same in the Setters own expense, to pay any and all cos¢, charges. atomeys facts and ether expenSes,
any and all judgmenes Nat may b, mewed by or obtained against the Purchaser or my of its or fair officers,
agents or employe« m such suits or other proceedings, and in case judgment or other lim be placed upon Or
obtained againsn be property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once rouse the ante to be dissolved and discharged by giving bond or omemist. The Seller and
his commcmrs shall take all salary precaoims, fmish and install all guards necessary for me pmention of
ancidents, comply with all laws ago regulations with regard to safety including. but wiNoun limitation, be
Occupational Safety and Half Act of 1970 and all ales and regulsomm issued pursuant therms.
Revised O7AKH4