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HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9143389PO PURCHASE ORDER 914338 Number Page City of PURCHASE 3389 t of z Flirt Collins( hisnumbermustappear !I\V`I ` �I ` 1 1 on all invoices, packing sli s and labels. Date: 06/17/2014 Vendor: 476108 INTERSTATES CONSTRUCTION SERVICES INC 2636 MIDPOINT DR FORT COLLINS CO 80525 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 06/17/2014 Buyer: DOUG CLAPP Note: annual electrical contract # 7337 Line Description Quantity UOM Unit Price Extended Ordered Price 1 215 N Mason - CPIO Provide all electrical 1 LOT LS material & services per work order dated 6/11/14. - relocated datat from West wal to South wall in office area, 'possible rework for two new doors being cut in. - provide and install conduit and power circuits from electrical panel to new furniture. Install new power poles (by Owner) for furniture - install three indirect light fixtures (by Owner) in expansion area, and tie into existing switches - Relocate existing power/ data floor boxes for copier work station, and new furniture lay out. contact: Ethan Cozzens Total 6,954.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By salute the City of Fos Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collecmr of Failure of the Purchaser on insist upon strict performance of the it. and conditions hereof failure or delay to Internal Revenue, Denver, Culomdu (Ref. Colorado Revised Statutes 1973. Chapter 39-36, 114 (a), examine any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance arm payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due be failure to race specifcmims, 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 is tart may he numedto yo. for credit and art not to be replaced except upon receipt of written Purchaser m insist upon strict performance hereof or any of its rights or remedies as to any such goods, reganlless ammuctions form the City of Fan Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder, nor shall any purposed and modification or rescission of this puchase order by the Purchaser arcane an a waiver of any of the it. Inspection. GOODS are subject to the City of Fort Collins impaction on arrival. hereof. Final Acceptance. Receipt of the mechaeAise, services or equipment in rnpome to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. mflo rind payment on the pan of the City of Too Collin. However, it a in be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharge resulting from anturnal ACCEPTANCE is dependent upon completion Fall applicable required inspection procadums. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase oNer, One Seller hereby assign to the Purchaser any and all claims a may maw hove or hertaRer Freight Fermat. Shipments mint be F.O.B., City of Fan Collide, 700 Wood St., Fort Collin, CO 80522, unless acquired under federal m mare antitrust laws for such ovavhamga mlating to the paniculas goods or services otherwise specified on mint order. If permission u given to prepay freight ord charge separately, me original freight purchased or acquired by rate Purchaser parsuant to this puchine order. bill most accompany nominee. Additional charges for packing will rat he accepted. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manafxturers have distributing points in various parts of the country, shipment is If me Pmchaser directs6e Seller to correct 000mnfotming or defective good by a dam to b, agreed upon by me expected from the normal distribution point to destination, and excess freight will be deducted farm Invoice when Purchaser and 6e Seller, and me Seller marauder assfacta its iwbiliry or unwillingness to comply, Ne Purchaser shipments are made From greater distance. may cause me, work to be performed by Ne most expeditious meant available to it, all the Seller shall pay all costs associated wire such work. Part Seller shall procure ul sellers sole cost all necessary Farm., cenifcu e, and licenses ratuird by all applicable taus, regulations, ordinances and toles ofthe store, commipahry, mrtimry or political subdivision where me work is performed, or required by any other duly constimmd public authority havingjudsdiction over me work Of ac.d.,. Seller fuller agaea to hold the City of Fon Collins harmless from all against all liability all loss ineumrl by them by reason of an msened or ntabluhcd violation crony such laws, regulations, ordinances, macs and requirements. Authorisation. All parties to this contract agree Not the rarmsenatives one, in fact bow fide and possess full and omplete aumonry m bind said parties. LIMITATION OF TERMS. This Purchae Omer expressly limits acceptance to me terms road conditions stated herein our forth and any supplementary, or additional corms and condition aaexed hereto or incorporated herein by reference. Any additional or different terms and condition proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot mike complete shipment to arive on your promised delivery dam a noted. Time is affix essence. Delivery and performance most be effected within the time stated on the purchase order and the daaments atached hereto. No acft of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, Ne Purchaser shall have, in addition to Other legal and a paiable remedies, the option of placing this Order elsewhere and holding the Seller liable for damages. However, the Seller shall rim be liable fur damages to 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, eels of civil or miliary romantics, grtvemmemul priorities, fires, strikes, Ord, epidemics, wars or note provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when me Seller fiat received knowledge thereat'. In the event of any such delay, the dam of delivery shall be extended for the period rywl to the time actually rest by reason ofthe delay. 3. WARRANTY. The Seller waroom that all goods, i nicus, materials and work covered by this order will c.of.— with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and counpetence in accordance with accepted sawndnrts for work of a 'miler nature. The Seller agrees as held the purchaser harmless form 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 cast to the purchaser, any defects or faults arising within one (1) year or within such longer penal of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance nut to be unreasonably delayed), resulting dons imperrect or defective work done or materials famished by the Seller. Acceptance or use of goofs by the Purchaser shall not institute a waiver of any claim under this warranty. Except as 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 profits or loss of vas. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES M LEGAL TERMS. The Purchaser may make changes to legal rem¢ by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make tiny changes to the corms, other than legal mmu, including additions in or ddeiom firm the quantities originally ordered in the specifications or drawings, by verbal or written change order . If any such change affects the amount due or the time ofperf irmawe hereunder, an equitable adjustment shall be made. 6.TERMMATIONS. The Purchaser may at any time by wriman change unfair, mrmiwm this agreement as to any or all Fannon of me good men not shipped, subject to any equitable adjustment between the panic a to any work or materials then in progress provided that me Purchaser shall not be liable far any claims fur anticipated profits on me uncompleted portion o'the good and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of me Seller with respect to any goods which are the Sellers standard stock. No much mmdma kin. shall relieve the Purchase or this Seller of any ofthei, obligation as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment amal b, assured wind. thirty (30) days form me dam the change or bermiratiou is ordered & COMPLIANCE WITH LAW, The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered anal famished in evict compliance win all applicable laws and regulations to which the good art subject. The Seller shall exec¢ and deliver such documents us may be required to effect or evidence wmpliawe. All laws and regulation required to he incorpommd in agreements of this clamcter are hereby incorporated herein by Nis reference. The Seller agrees as indemnify and hold me Purchaer harmless from all craft and damages suffered by the Purchaser a a result of flue Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall sssign, transfer, or convey this order, or any monies due or to become due hereunder without me Prior women consent ofine other pony. 10. TITLE. The Seller warrants full, clear and unraWcted title to the Purchaser for at equipment, mater E, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of Others. The Seller shall release me Parchuer and its contractors of my net firm all liability end daimon of any ware resulting from Ne performance afsuch mold, This release shill apply wen in the sent of fault of negligence of the party released must shall extend to the directors, olBcers and employees ofmch parry. The Senors contarnal obligation, dalading warrant, shad not he deemed to be fWnead. in any way. Fact. such work is performed or caused to be re forma by me Purchaer. 14. PATENTS. Whenever me Seller is required to use any design, device, material or process 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 prowess in connection with the contract, and shall indemnify the Purchaser for any must expensa or damage which it may be obliged to pay by moron of such infringement at any time during me prosecution or after the completion of the work. In case said equipment, or any pan thereof or me intended use of me goods, is in such suit held to constitute infringement and the use of said equipment or pan is rejoined, the Seller shall, at its own expense and at its option, either procure for the Forbearer the right to continue using said equipment or pans, replace the same with substantially equal but noninfneging equipment, or modify it so it becomes nrninfringing. 15. INSOLVENCY. If the Seller shall become Inolvenl or bankmpt, make an assignment for the berm of creditors, appoint a meciver or trades for any of the Sellers property or business, this order may forthwith be canceled by the c Pv hmer without liability. 16. GOV ERNMG LAW. The duration, of terms used or the interpretation ofthe agreement and the rights of all pastes hereunder shall be mowed under and governed by the laws of the Sate ofColumdo, USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Represenative(s), on thecases premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall catty an said ..,it at Sallee, own risk until the same is fully ..plead and accepted, and shall, in se of any accident, destruction or injury to the wad and/or materials before Seller's foul completion mud acceptance, complete me work at Settees own expense and to the satisfaction of the Purchaser. When materials and equipment arc fumkhed by Others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become rasp uffic therefor a though such materials and/or equipment were being( ished by the Seller made, do, order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment Tw'orkm compensation, including Occupational disease benefits, to its employees employed on or in connection with me work covered by this purchase order, and/or to their dependents in accordance with fie laws of the sate in which the work is to be dune. The Seller shall also carry comprehensive generd liability including, but not limited to, contractual and automobile public liability imuwtce wim tinkly injury all deaW limits of at least 53ar.WU her any one Amon, S5 W,000 tin any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his .tnnctors, if any. to provide for such rompennalmn and insurance. Before any cribs Sells or his mntracmts employees shall do any work upon the premises of others, the Seller shall Smith the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificata shall specify me date weds such compensation and insurance have been provided. Such ttnificams shall specify the dam when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after me entire work is compleed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAATAGES. The Seller hereby assurance me more mspodeibdiry and liabilityfor any and all damage, loss or injury of any kind r antra whmsocver to person m property cadeed by or resulting from me execution ofma work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser all any r all of the Purchasers officers, agents and employees firma all against any and all claims, loses damage, charges or expenses, whether direct or ou t all whmNer to person or property to which the Purchaser may Ft, put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his contusions, or any of me Sellers or contractors officers, agents or cmploy es. In case any suit or other proceedings shall he brought against 6e promise, or its olfc rn, agents or employees at any time on account or by reason of ivy act, action, neglect, omission or default of me Seller of any of his confetors or any of its or heir oRcers, agents of employees as of said, the Seller hereby sigma to assume the &ft. thereof asul to defend the same at the Sellers awn expedee, to pay any and all costs, chatga, attorneys fear and other expenses, any and all judgments 6m may he incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained thi t me property of the purchases, or said Insides in or as a result of such suits or other proceedings, Ne Seller will at once taus, me same to be dissolved and discharged by giving bond or otherwise. The Seller and his commdors shall take all safety precaution, famish and beat 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 rules and regulations issued pursuant thereto. Revised 0312010