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HomeMy WebLinkAbout110001 HIGH PLAINS MECHANICAL SERV INC - PURCHASE ORDER - 3215290PURCHASE ORDER PO Number Page C117/ of PURCHASE 3215290 i of z ' `t Collins/ V This number must appear ` on all invoices, packing �slips and labels. Date: 01/13/2015 Vendor: 110001 HIGH PLAINS MECHANICAL SERV INC 2020 AIRWAY AVE FORT COLLINS CO 80524-2708 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP 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 i 2015 Blanket Order Utilities City of Fort Collins Director of Purchasing and Risk Management This order Is not valid over $6000 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 LS 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. COMMERCIALDETAILS. Tax exemptions. By ntmute the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is I L NONWAIVER. 98-04503. Federal Excise Tax Exemption Cenificem of Registry g4-6000587 is registered with the Collector of Failure of the Purchaser to main upon stria perfoma<e of Me terms and conditions herwQ failure or delay w Internal Remen , Dmvep Colorado (Re Colorado Revised Shores 19)). Chapter 39-26. 114 (a). exercis any rights or remedies intended hemn or by law, failure to promptly nasty de Seller in the event of a breach. Me mcepunce ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goodx Rejected. GOODS REJECTED due to failure to meet specifcatiom, either when shipped or due to defects of any of the warranties or obligations, of this unclose aide, and shall not be deemed a waiver of any right of the damage in trans, may be returned to you for credit and art tot to be replaced except upon receipt of verinen purchaser to insist upon Other performance heratf or any urns rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported onl handif cation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Im,won. GOODS are subject to,he City of Fan Collins inspection as arrival. herwf. Final Acceptance. Recent of the merchandise, ariv.,es or equipment in response to ,his order can r esult in 12, ASSIGNMENT OF ANTITRUST CLAIMS. amhoneed payment on the part of the City of Fort Collins. However, it is m be understood thraFINAL Seller and the Purchaser remgnis that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and ail claims it may now have or hereafter Freight Terms Shipments must be F 0B., City of Fort Collins, 700 Wood SI., Fort Collins, CO 90522, unless acquired under federal or warn whom laws for such overcharges relating to the particular goods or services otherwise specified on this order. lfnermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursummro this purchase .,do,. bill most accompany invoice. Additional charges for packing will no be accepted. I). PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If Me Purchaser directs the Seller in correct nonconforming or defective goods by a drat in be agreed upon by the expected from the nearest distribution point to detonation, and excess freight will be deducted from Invoice when Purchaser and the Selleq and the Seller thereafter indicates in inability or unwillingness as comply. the Purchaser shipments are made fmm greater distance, may cause the work to be performed by the man emoc ioous means available to it and the Sell,, shill pay all .as commiatcd with such work,. Permits. Seller shill procure at sellers vale coss ail necessary permits, unifca , and licenses ro m ed by ail applicable laws, regulation, ordinances and toles of the stare, municipality, sersimry or politicd mrbfvision where Me work is performed, or required by any ofer duly cunm anted public authority having junsdiaion over the weak of vendor. Seller fuller agrees to hold she City of Fort Collins harmless from and against all liability and loss norl aby them by reason of an asuned or established violation of any such laws, regulations, ordinances, toles and requirements. Authoriation. All parries to this contract agree that the represenutives are, in fact, bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits mcep arce to the terms and cendmons stated herein set form and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different arms and condhions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to wave on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time sated on the purchase order and the documents mached hereto. No acts of the Purchasers including, without limitation, acceptance of partid late deliveries, shall operate as a waver of this provision. In the event of any delay, Me Purchaser shall have, in addition to other legal and equitable remedies the option of plming this order elsewhere and holding the Seller liable for damages. However. Me Seller shill not be liable for damages w a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental prionties, Tres, strikes, food epidemics, was or riots provided thin mance of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knows dge thereof In the event of any such delay, the date of delivery shill be extended for the period egad Or the time actually Ion by reason of the delay. ).WARRANTY. The Seller warrants that ail goads, amchm. materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for Me purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller shill replace, repair or make good, without now to the purchaser, any defects or faults wising within one (1) yea rwithin such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by Me Seller after the date of acceptance of the goods furnished hereunder (acceptance not be unreownably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this watmry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall emend Or at damages proximately caused by the breach of any of the foregoing warranties or gumntees, but such liability shill in no event include loss of profits 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 in legal terms by wriusn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the terms, other than legal ,emu, including additions is or deletions from Me qumtides originally ordered in the wpecffra Bona or dnwinp, by ve bal or wino change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjusmem shill be made. 6. TERMINATIONS. The Purchaser may at any time by writer change ordep terminate this agreement as to my or all portions of Me goods then not shipped, subject to any equitable adjustment between the posies as to my work or materials then in progress provided Met fie Puchaser shall not be liable for my claims for andcipa ed profits on the uncompleted portion of the goods indoor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sel let with respect to my goods which are the Sel lers standard stock. No such termination shall relieve Me Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADRISTMENT. Any claim for adjustment mesa be asserted within Marry (30) days from the date the change or mannation is ordered S. COMPLIANCE WTHI LAW. The Seller warrants that all goods sold hemander shill have been produced, said, delivered and furnished in mitt complimce with all applicable laws and regulations to wthier Me goods are subject The Seller shill execute and deliver such comments as may be required to effect a evidence compliance. All laws and regulations required to be ncorpomed in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and held Me Purchaser harmless from all was and damages suffered by the Purchaser as a result of Me Sellers failure to comply with inch law. 9. ASSIGNMENT. Neither parry shall assign, tmsfer, or convey this order, or my monies due or to become due hereunder without Me prior written consent of the other now 10. TITLE. The Seller warrmts full, clearand unrestricted tide to Me Purchaser for all equipment, materials, and items fumished n performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest wcumboamm and clams of others. The Seller shill release the Purchaser and Its contactors of my her fmm ail liability and claims of any more mulling from the performece ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shill emend in the directors, efforts and employees of such party. The Seller's conoactual obligations, including community, shill not be deemed in be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS, Whenever the Seller is required to use any design, device, material or pmcon covered by letter, patent, trademark or copyright, 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 Purchaser for any con, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work In case said eqtdptent or any pan thereof or the intended use of the goods, is in such suit held to connitute infringement and the use of and equipment or pan is enjoined, the Seller shill, in its awn expense and at is appear earlier posture for the Purchaser the right in continue using said equipment or Farm. replace the same with subshanddly equal but noninGnging equipment. or modify it As it becomes roninGmging. 15. INSOLVENCY. If the Seller mall beoome imarlevin or bancra , make an assignment for the bet efl of crMimrs, appoint a receiver ous r trustee for any of the Sellers progma Italian, or business, this order y forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all pasties hereunder shill ber con nomal under and governed by Me laws of the Share of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises crashers. 14. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask until the same is fully completed and accepted. and shall, in use of any accident, destmction or injury to the work and/or materias before Sellers foal 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 became responsible therefor as though such mazemals and/or equipment were being furnished by the Seller trade, the order. 19 INSURANCE. The Seller shill, 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 dependants in ecmrdance with the laws of the state in which the work is in be done. The Seller shill also carry, comprehensive general liability including, but not limited to, mntractud and automobile public liability insurance writ hadiy misery and death limits of in leant s300,000 for any one person. smiri for my one accident and property damage limit per accident of S400,000. The Seller shill likewise require his contractor, if my, to provide for such compensation and insurance. Before any of the Sellers or his contactors employees shall ed any work upon the premises of others, the Seller shall famish the Purchaser with a smallest, that such compensation and insurance have been provided. Such comficates shill specify the daze wbm such compensation and insurance have been provided. Such certificates shall specify Me date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for my and at damegq lass or injury of any kind or 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 herewith. The Seller will indemnify and hold hamless the Purchaser and my or all of the Purchasers offices, agents and employees much and against my and ail claims, losses, damages, charges or expenses, whether direct or indirect and whether to permits or property in which Rae Purchaser may be put or subject by reason of my act action, neglect omission or de4uh on the par of Me Seller, any of his contractors, or my of Me Sellers or contractors officers, agents or employees. In case my suit or other proceedings shill be brought against Me Pruchase, or its officers, agents or employees at my time on account or by nation of my act action, neglect, omission or default of Me Seller of my of his cunmamors or my of its or their officers, agents or employees as aforesaid Me Seller hereby agrees to assume Me defense thereof and to defend Me same a1 the Sellers own expense, to pay my and ill costs, charges, mammy, fees and ads, expenses. my and all judgments that may he incurred by or obtained against Me Purchaser or my of is or their officers, agents or employees in such suites or other proceedings, and in case judgment or other lion be placed upon or obtaned against Me property of the Purchaser, or said parties in or as a result of such was or other proceedings, Me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take ail safety precautions, famish and install all guards nemorm, for Me prevention of accidents, comply with at laws and regulations with regard to safety including, but without Intention, Me Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant form, Revised OM014