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HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9146198Fort Collins Date: 10/23/2014 PURCHASE ORDER Vendor: 476108 Ship To: INTERSTATES CONSTRUCTION SERVICES INC 2636 MIDPOINT DR FORT COLLINS CO 80525 PO Number I Page 9146198 1of2 This number must appear on all invoices, packing slips and labels. OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 10/23/2014 Buyer: DOUG CLAPP Note: ref. annual contract # 7337 Line Description Quantity UOM Unit Price Extended Ordered Price t City Hall Kitchen 1 LOT LS 9,714.00 Provide and install new 100A sub -panel in kitchen. Provide and install conduits, boxes, wire and devices to new kitchen area.Per proposal dated 10/15/14. Contact: Chad Mapp ph# 970-221-6227/970-988-5083 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 $9.714.00 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. COMMERCIALDEFAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cardinale of Rrgiatry 94 6000587 is registered with the Call., of Failure of the Purchaser to most upon stnet parormsnee of the terms and conditions hereof, failure or delay so Internal Revenue, Denver, Colorado (Ref. Colorado Revised Somme 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 ofor payment for good hereunder or approval offs, design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to deffer, of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage or o-uuit may be informed 1r you for credit and are not to be replaced except upon receipt of winner purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions form the City of Fan Collins. of what shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any p rrimal oral modification or rescission of this purchase order by the Putclmor mate as a waiver of any of the terms Impection. GOODS are subject to the City of Fort Collins inspection no arrival. henaf. Final Acceptance. Receipt of the merchandise, smices or equipment in mioms to this under can .11 in 12. ASSIGNMENT OF ANTITRUST CLAIMS. oninsixed payment on the pan of the City of Fan Collins. However, it is b be understood Isar FINAL Seller and the Pamsaser recognize dud in actual ma antic practice, overchargs molting from samrust ACCEPTANCE is dependent upon complefionofoll applicablerquiredimpection procedures, violations are in fan home by the Purchea. Tbaimfsm,for good cause and as consideration for executing this purchase order, the Seller hereby assigns in the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipmenu .,an be P.O.B., City of Fort Collins, 700 Wood St., ]'on Collins, CO 80522, unless acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services otherwise spec, fiM on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuavuo this purchase order. bill most aso moauv invoice. Additional chares for racking will not be accepted. Shipment D¢im<e. Where manufacturers have diumbuting Points in various pars of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will Na deducted fmm Invoice when shipments are made firm Rater it.... Permits. Seller shall procure at sellers sale cost all nasary permits, certificates and fee-,, original by all applicable laws, regulations. Ordinances and rules of the ants, municipality, territory or Political .subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendar Seller further agrees to hold the City of Fan Collins homeless from and against all liability unit loss inured by them by reason man asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authonvtiom All panic to this contact agree that the representatives are, in fact, boa fide and possess full and complete aul tarry in bind said panes. LIMITATION OF TERMS. This Purchase Order expressly limits acc,. to the terms and[ conditions sited hrreia set foM and any supplementary Or additional tetra and conditions armexed hereto or incorporated herein by reference. Any additional or different terms and conditions propuud by seller are objected to and hereby jested. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inmredi rely ifym cannot make complete shipmenl In arrive on your promised delivery data as noted. lime is of the essence. Delivery and perfomance must be effected within the time suited on the purchase order and the documents attached harem. No acts of the Punk ers including, without limitation, acceptance of ponial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable mmedies, the option of placing this order elsewhere, and holding the Sella liable for damages. However, thc Seller shall not be liable for damages or a result of delays due to causes or reawably foreseeable which are beyond its reaareble control and without its fault of negligence, such acres of God, acts ofeivil or milimry authonues, gvvemmenul priorities, firs, strikes, Bound, epidemics, wars or riots provided Out notice of the conditions causing such delay is given to the Parchacr within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay. the dam ofdehvery shall be extended for the period equal to be time actually lost by reason ofth, delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples an&or other descriptions given, will be fit for the puryoses intended, cal Performed with the highest degree of cane and competence in accordance with accepted standards for work of a similar attire. The Seller ogres 10 hold the precious, harmless from any loss, damage or extreme which the packer may null,, or incur on armour of the Sellers breach ofwa m. The Sella shall o plar , repair or make good, without cost to $e parcboxer, any defcu or faults arising within one (1) year or within such longer period of time as may he, prescribed by law or by the menu ofay applicable warrenty provided by the Seller after the dam of ccep ince of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting Tram imperfect or defective work done or materials f mished by the Seller. Acceptance or me of goods by the Purchaser shall not constimm a waiver of any claim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to al I damages proximately caused by the breath of vny of the foregoing warranties or guarantees, but such liability shall in vas event include lass of profits or loss of ce, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may mike changes to legal term by winner change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teas, other than legal tents, including n [dooms to or deletions from 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 rRaftormawe hereunda, an ¢minable adjusment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement or to any or all portions of the goods then not shipped, subject to any equitable adjustment between the penis m to my work or materials then in progress provided that be Purrhuer shall not be liable far any claims far anticipated prefix ou the uncompleted portion of the good ardor murk, for iucidertal or consualtiol damages, said Out no such edjicument be made is favor of the Seller with resilient many goods which are the Sellers standard stock. NO such termination shall relieve the Purchaser or the Seller ofany ofthcir obligations a to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be resened within thirty (30) days firm the date the change or thrum arim is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold M1ereuudet shall have been produced sold. delivered and broadcast in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such dacummu as may be required to effect or evidence compliance. All laws and regulatiom required to be nnryoated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Fireman, harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure eo comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the ,Her wnnen consent of the other parry. 10. TITLE. The Sella warn . full, clear and unrestricted title to the Purcbasa for all ecmipment materials, and he. fmishol in performance of this agreement, fine and clear of any and all liens, mouretions, reactions, semriry interest mcumbru cs and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Peortmer directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates is inability or unwillingness to comply. the Purchaser may cans, the work m be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. the Sella shall release the Purchases and its contmcmrs of any tier from all liability and claims of any nature resulting from the performance afsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees afsuch parry. The Sellers contactual Obligations, including warranty, shall not Ise deemed in be reduced, in any Y. for. such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, maerial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hmmless the Puchasa firm 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 cost, expense or damage which it may be obliged to pay by renan of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended me of the good, is in such suit held to trust infringement and the tau of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchases the right to continue in, said quiprom or pans, replace the same with substantially tual but rmninGnging equipment, or modify it so it bovar smminnnging. 15. INSOLVENCY. If no Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers proper or business, this order may forthwith be canceled by the Purchaser without liability. I& GOVERNING LAW. The di finitiorss oftema rased or lie Imerprem me of the agreement and f, rights of all parries hereunder slut[ be comtrued under and governed by the laws ofthe State of Colorado, USA. The following Adddioal Conditions apply only in cues where the Sella is to perform work hereunder, including the service of Sellers Remasenutivess), on the premixes fingers. 10. SELLERS RESPONSIBILITY. The Seller shall wry on said work at Sellers own risk until the same is flly completed said accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When marmots and equipment are furnished by others for installation ar erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials anNor equipment were being furnished by the Seller under the maker. 18. INSURANCE. The Sella shall, al his own expense, provide for the payment of workers comparmustim, including oceuram al disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with tie laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public habit iry insurance with bodily injury and death limits arm least $300,000 for any one person, $500,0M for any umaccident and properly daring, limit per accident of $401 The Seller shall likewise require his racu rs, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall der any work upon the premises of others, the Seller shall furnish the Purchaser with a raffirde that such compensation and insurance have been provided. Such cenifcares shall specify the date when such compensation and insurance have been provided- Such certificates shall specify fie date when such compensation and insurance expires. The Seller agrees Nat such compensation and insurance shall be, maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire myomibility eed liability for cry sad all damage, loss or injury of any kind or nature whosoever 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 hatless the Purchaser and any r all of the Purckers offers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contactors, or any of the Sellers or contractors officers, agents or employees. In cam any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on accoum or by reason of any net, action, neglect, omission or default of the Seller of my of his contacmrs or any of its or their officers, agents or employees a aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the name an the Sellers owe expense, m pay any and all cones, cheapest, agent fees and other exfamses. any and all judgments that may be incurred by or obtained against the Purchase or any of its or their of vers, agents or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or obtained against the property of the Purchaeq or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall sake all safety precautions, fmish and install all guard necessary for the prnention of accidents, comply with all laws seat egulatos, with rapid in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulaioa issued pummel thereto. Revised 07n014