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HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES - PURCHASE ORDER - 9146662PO PURCHASE ORDER 914666er Page C117/ of PURCHASE 9146662 1 of 2 ' `t Collins Thisnumber must appear ` on all invoices, packing sli s and labels. Date: 11/13/2014 Vendor: 476108 Ship To: INTERSTATES CONSTRUCTION SERVICES INC 2636 MIDPOINT DR FORT COLLINS CO 80525 OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 11/13/2014 Buver: DOUG CLAPP Note: ref. annual contract # 7337 Line Description Quantity UOM Unit Price Extended Ordered Price Wellness Clinic 1 LOT LS 15,352.00 Provide all necessary labor & materials to complete the remodel per proposal dated 8/29/14. Contact: Ethan Cozzens 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 $15 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of pun Collins is exempt from score and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificme of Registry M-6000587 is readmitted with the Collector of Internal Revenue, Expect, Colorado (Ref. Colorado Revised Satmes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to farlum to men epecifmtio n, either when shipped or due to defcels of damage in vatnil, may IN retomed to you for eredir and the not no be replaced except upon receipt of wind. instructions fmm the City ofFor Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on nation]. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order canresult in authorised payment on the pan of the City of Fan Collins. However, it is to be understood thaFINAL ACCEPTANCE is dcperWcul upon eompinim.fall applicable required inspection procedures. Freight Terms. Shipments most be FOR, City of Fort Collins, 700 Wood St., Fan Collins, CO 80522, unless otherwise specified oa this order. If permission is giver to prepay freight and charge acpamlely, the original freight bill most sccomnanv invoice. Additional chances for cashim will not be sweated. Shipment Distance. Where mnnufacrion, have distributing paints in varime, pans of the country, shipment is expected f m the neared distribution Point to destination, and excess freight will be deducted fmm Invoice when shipments are nude fmm Bremer durance. Permits. Seller shall promo, At sellers sole cast all necessary pemia. ccnifcarn aM licenses rtyuimd by all applicable laws, regulations, ordinances and rates of the state, municipality, writory or political subdivision where the work is perfamand. or required by any other duly condimted public amhority havingjurisdictim over the work of vendor. Seller further agrees ,, hold the City of For Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulmions, ordinances, roles and mmuccmenrs. Authorization. All parties to this commas agree that dhe exaxame dives are, in fact, bow fide and Lwasooss fait and complete summit, to biM said parties. LIMITATION OF TERMS. This Pumhou Order expressly limits acceptance to the kiss and conditions stated herein set forth and any supplementary or additional terms and conditions awexed hereto or incorporated broom by romm ce. Any additional or different terms and conditions Proposed by seller are objected at and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you corm., nuke complete shipment to zmve oa your promised delivery date res noted Time is of the essence. Delivery and perfbrmmue most be a@coed within Late time cared con the purchase order aM the dacumens anached hereto. No acts of the Purchasers f<I.d.,, without limitation, acceptance ofpartial late deliveries. shall operate in a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option mf placing this order elsewhere and holding the Seller liable for damages. However the Seller shall not be liable for damages as a resuh of delays due to causes not reasonably foreseeable which arc beyond its reasonable central and without its fault of negligence, such acts ofGod, acts ofcivil or military anthorilles, govemmmal priorities, fires, strikes, food, epidemics, wars or dots provided that notice of the conditions causing such delay is given On the Purchaser within five (5) days of the time when the Seller for received knowledge dro m .. In the event of my such delay tie date of delivery shall be extended fim the peril xgml to fn time actunly lent by reaon nfhe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work coverd by this order will contractor 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 compe¢nce in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser homeless from any loss, damage or expense which the Purchaser may suffer Or mour on accouin of the Sellers breach of., The Seller shall replace, repair or make good, without cost to she purchaser, any dafecs or faults arising within one (1) year or within such longer peril of time as may be proscribed by law or by the on. of my applicable wormnty provided by the Seller agar the date of acceptance of the goods famished hereunder (accemnre not no be umeasorubly delawfib resulting fmm imperfect or defective work done in materials fumishd by Nc Seller. Acceptance or use of goods by the Purchaser shall not onstimte a waiver of any claim under his is artery. Except as otherwise provided in his purchase Order the Sellers liability hereunder shall extend to all damages Lim.miamy caused by the breach of any of the foregoing worsen. s or guarantees, 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. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the corms, other than legal It—, including radii... to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affiects the amount due or the time of performane hereunder, An equitable adjustment shall be made. 6. TERFBNATIONS. The Purchaser may at any time by winner change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to my amicable adjustment bnween the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion of the goods and/car work, for incidental or comemential damages, said that no such adjustment be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such nomination shall relieve the purchaser or the Seller of any fdo, obligations as to any good delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claw for adjustment most be wourd within Nita (30) days from the date the change or tamtination is ordered S. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hercunder shall haw been produced, sold, delivered and Burnished in inner compliance with all applicable laws and regulations 0 which the goods are subject, The Seller shall execute and deliver such decumens as may be requital to effect or evidence compliance. All laws and regular. requited m be incorporated in sgrennen. of this character are hereby incorporated harem by this referesco. The Seller agrees to indermwty and hold the Purchaser bacanless from all units and damages suffered by tie Purchaser so a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, historic, or convey this order, or any monies due or to became due hereunder without the prior writer consent ofthe other party. 10. TITLE The Seller womns full, clear and commrictd doe to she Purchaser for all a tuipment, materials, and items famished in performance of this agreermnt free and clear of any and all liens, marictiom, reservations, semnty interest encumbrances and claims eforhers. 11. NONWAIVER. Failure of the Paccumer to insist upon seem performance of the terms and conditions hereof, failure or delay to ammem say rights or remedies provided herein or by law, failure to promptly naify the Seller or On, event of a breach, the aceapmwe of.r payment for goods hertuMer or mpmval afthe design, shall not release the Seller of my of the warmaties or obligations of this pm<hase order and shall mot be deemd a waiver of any right of Lie purchaser m insist upon strict perI.. thereof car any of its rights or monsher as to any such goods, regardless of whom shipped, execivd or accepted, as to any poor or subsequent default hereunder, nor shall my puryored oral modification or rescission of this purchase order by the Purchaser morme as a waiver of my of the terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in mtunl economic parent, overcharges resulting f m antitrust ola vitions art in fact home by the Purchaser. Thfe omrm,fa good rouse and As comideredon for executing this purchase order, hie Seller hereby assigns to the Purehuer any aM all claims it may now have or hereafter acquired under federal or state antitrust hws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant m this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchase ducce, the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Pumhaur and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work W be performed by the most expeditious means avaiable to it, and the Seller shall pay all cosy acwciated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of any move resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers W employees ofsuch party. The Sellers communed obligations, including warranty, shall rent be deemed to be reduced, in any way, tar ase such work is performed m cowed to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by loner, patent, trademark copyright, he Seller shall indemnify and save harmless he Pumharer firm any and all claims far infringement by maxon of the use of such patented dexign, device, material or process in connection with the contract, and shall indemnify the Purehaser for any cast, expense or damage which it may h obliged to pay by reason of such infringement at my time during the prosecution or after hie completion of the work. In case said equipmem, or any part thereof or else movidM use of the goods, is in such suit held to constitute infringement said the use of said equipment or pan is mjoind, the Seller shall, at is Own expeme and at its option, either procure for the purchaser the right m continue using said equipment or pants, replace the same with substantially equal but noninfringing empment, mortality it so it becomes nomnGinging. 15. INSOLVENCY. If the Seller shall become wolves or bankrupt make ern msigomem for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this order may fngl with be canceled by the Ism, haser without liability. 16. GOVERNING LAW. The definitions of terms usd or the interpretation of the agreement and tie rights of all parties hereunder shall be continued under and 6avemed by the laws off, State ofColmdo USA. The fallowing Additional Conditions apply only in taus where the Seller is to perform work hereunder, including the services of Sellers Representedive(s), on the premise, crudites. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellds own risk coot[ the same is rally completed and accepted, And shall, in au of ony 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 materials aM equipment are burnished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same at he site and become mponsible therefm as tough such materials author equipment were being Boosted by the Seller under the order. 18. INSURANCE. The Sella shall, at his own cxpcmc, provide for the payment of workers compemandow, including compriotal disease bents, to its employees employed On Or in connection with the work covered by this purchase order, andior to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but net limited to, contractual and automobile public liability insurance with bodily injury and death hail's of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident or S4W,". The Seller shall likewise mcluire his contractors, if any, tO provide for such compemwm and imurmce. Bet any of the Sellers or his commctors employees shall do on, wods upon Re pmues of infers, the Seller shall famish the Purchaser with a certificate dead such compensation and imurance have been provided. Such cerofiearm shall specify tie date when such compensation and insurance have been provided. Such coniferous shall specify the date when such compresstion and insurance expires. The Seller agrees that such compensation and amounts, shall IN maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller Mreby assumes the more responsibility and liability for my and all damage, loss or injury of any kind in Nlnre whatsoever to persons or property caused by Or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the pmrchaser and any r a11 of the Purchasers officers, agents and employees from and agawr my and all claims, maser. damages, charges or expenses, whether direm or inducer, and whether to persons Or property to which tie Purchaser may be put or subject by reason of say act, action, neglect, omission or default on the pan of the Seller, say of his contractors, or any of the Sellers or contractors officers, agents or employees. In me my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on mental or by mason of my act, action, nol lcn, omission or default of the Seller of my of his contractors in my of its or their officers, agents Or employees ss of said, Nc Seller hereby spaces to assume the defense themwf and to defend he same at the Sellers own expeme, to Pay my and all casts, changes, rttomgl fees arm ofer expenses, any and all judgments that may be incurred by or obtained against the Purchaser Or my of in err their officers, agents or employees in such its or other proceedings, and in eau judgment or other Jim be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond tar otherwise. The Seiler and cos contractors shall ale all safety precautions, fetish and install all games necessary for the presectim of accidents, comply with all laws end regulations with regard to safety includin, but wiNnut Imadmon, me Occupational Safety And Health Act of 1970 and all roles and regulwam issud pursuant them.. Revised 07nO14