HomeMy WebLinkAboutINTERSTATES CONSTRUCTION SERVICES - PURCHASE ORDER - 9147260PURCHASE ORDER PO Number Page
City of PURCHASE
947260 , of 2
�} Collins( his number must appear
V�1 � `` V " 1 1 on all invoices, packing
sli s and labels.
Date: 12/09/2014
Vendor: 476108 Ship To:
RISK MANAGEMENT DIVISION
INTERSTATES CONSTRUCTION SERVICES INC
CITY OF FORT COLLINS
2636 MIDPOINT DR
215 N MASON, 2ND FLOOR
FORT COLLINS CO 80525
FORT COLLINS CO 80524-4408
Delivery Date: 12/08/2014 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Invoice 20807 Wellness Center
2 Invoice 20473 Wellness Center
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
1 LOT LS 3,477.7200 3,477.72
1 LOT LS 505.8900 505.89
Total $3,983.61
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. Ely statute the City of Fort Collins is exempt man state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registerd with the Collector of
Internal Revenue. Denver, Colorado (Ref Colorado Revised S,tutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped a due m defects of
damage in uansit, may be mormd m you for credit and art not to be replaced except upon receipt of wriaen
instructions from the City of Fon Collins.
Inspection. GOODS me subject to the City ofFort Collins inspection on arrival.
Final Accep arree. Receipt of the merrhaudise, sm'ica or equipment in response to this order can result in
suthoeued payment an the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Trans. Shipments must be F.O.B., City of ran Collins, 700 Wood St., Too Collins, CO 80522, to.
otherwise specified on this under. IIpermission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have chairmaning points in various parts of the country, shipment is
expected from me nearest distribution pmwt m destimtion, and excess freight will be deducted from Invoice when
shipments um made from grmaw discus,.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the suite, municipality, territory or political subdivision where
the work is perfommad, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller lumber agrees to hold the City of Fart Collins harmless from and against all liability and lass
imwred by them by reason arm asserted or established violation of any such laws, regulations, ordinances, rules
and requiremems.
Authorization. All parties to this contract agree Nat the mpresmutives me, in fact, bens fide and process full and
complete authority to bind said Entries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different remes and conditions proposed by seller are objected to and hereby related.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immedia¢ly if you . make complete shipment 1. arrive or your
Promised delivery date as noted. Time is of the essence. Delivery and performance most be en'eaed within the time
stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptance of varial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shut) have, in addition to other legal and equitable remNies, the option of placing this under elsewhere
and holding the Seller liable for damages. However, the Salta shall not be liable for damages m a mutt of delays
due to sous not reasonably fameeable which are bewsul its reasonable round and wimoul its fault of negligence,
Such ruts of Gad, acts ofeivil err military, a,bonties, governmental pnannes, fires, strikes, Goad, epidemics, was or
mots provided that notice of the conditions auving such delay is given to me Purchaser within rive (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery stall be
extended for the period equal to the time actually lust by reason ofthe delay.
3. WARRANTY.
The Sella warrants West all goods, driver, rnmenals and work covered by this order will confmm with applicable
drawings, spmBrustiom, samples md/or other descuptiom given will be fit fm use purposes intended, and
performed with me highest degree of ore as competence in accordance with accepted standards for work of a
'miler, nature. The Seller agrees to hold the puchaar baemless f m any lass, damage ar expr es, which the
Purchaser may suffer or incur on account arm, Sellers breach orwarrenty. 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 period of
time as may be prescribed by law or by the terns of any applicable wamnty provided by the Seller after the date of
acceptance of the goods f ishd hereunder (acceptance not to be commusmbly delayed), resulting from imperfect
or defective work done or materials fumishai by the Seller. Acceptance or true of gads by tbe Purchaser shall not
oonstimrt a waiver ofey claim made, this wari Except as oherwise provided ir this parachute order, the Sellers
liability hereunder shall extend to all damages proximately camcd by the breach of any of the foregoing wanma.
or premiums, but such liability shall in no event include loss ofpmfita or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchasa may make changes to legal tears by writmn change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the once, other than legal terms, including additions to err deletions from
the quantities originally ordered in the sperific,iom or drawings, by verbal or women change coda. If any such
change effects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may al no, lime by written change order, wrnimte this agreement as to any or all portion of We
goods men not shipped, subject an any equitable adjosment between the parries as to any wok or materials men in
progress provided that the Purchase, shad not be liable for any claims far mricipated profils on me ummmplyd
portion of me goods andor wad, for incidrnml or canser,darb al damages, and mat no such adjustment be made in
favor of the Seller with respect many goods which are the Sellers standard stock. No such termination shall relieve
the Puchaser an the Sella of any of their abligaurras a as any goods delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within minty (30) days fmm the date the change or ¢rmimtion is
ordered
8. COMPLIANCE WITH LAW.
The Sella warrants float all goods sold heeunda shall have ban produced, sold, delivered and futnished m shier
compliance with all applicable laws and regulations to which the goods art subject. The Seller ahall execute and
deliver such documents as may be required an effect ar evidence compliance. All laws and regulations required to be
incorporated in agreements of this du after are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold me Producer hamdess from all costs and damages suffered by the Purchaser as a mull of me
Sellers failure to comply wins such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey his order, or any monies due or to became due hereunder without the
prior written consent of me other pay.
10. TITLE.
The Seller wamnts full, clear and unm rdeled title to the Purchaser fro all equipment metenaB, and items fum¢hed
can perfomrmtt of this agreement, free and clear of my and all Item, restrictions, resemtiom, cecunry interest
encumbrancesand claims of others.
II. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of a
breach, me aaepmnce of or pryment for Bonds hereunder or approval ofthe design, shall not release the Sella of
any of the romantics or obligations of this purchase order and shall tot be deemed a waiver of my right of the
purchaser to insist upon stria performance hereof or any of its rights or maredies O to any such mods. m mdless
of when shipped, received or accepted, as to any prior or subsequent default hereudor, nor shall any puryoned
and modification or rescission of this parchase order by the Purchases operate as a waiver of any of the arms
M1meof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual a is pmetice, overcharges baulting from It.
violations are in fact home by the Purchaser. Theras fam ,for good came and as comidemtion for exceeding this
purchase Oder, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under fderal or sate antiWat laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursunnuo this purchase, order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchmer directs the Seller w correct nonconfomring or defective goods by a date to he agreed upon by the
Pumhaser and the Sella, and the Seller thereafter indicates its inability Or unwillingness to comply, the Puchmer
may cause the work to be performed by the most expeditious mess available to it, and the Sella shall pay all
costs associated with such work.
The Seller shall ode.'se the Purchaser and its contractors of any tier Bum all liability and claims of any mouse
resulting from the performance ofsuch work.
This release slWl apply even in the went of fault of negligence of the party released and shall extend to rho
directors, officers and employees ofsuch parry.
The Sellers evntmctml obligations, including waefmty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchase,.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by Ethic. patent trademark
or copyright the Seller dull indemnify and save Iwemless the Purchaser fmm my and all daims for infringement
by reason of the use of such prmld design, device, rum mal or process in connection with the contract, and
shall indemnify the Purchaser for any cost expense or damage which it maybe obliged to pay by reawn of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, ar
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use .f
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either proaum far the
Purchaser the eight to continue in, said equipment or pans, replace the same with substantially equal but
noninftinging equipment or modify it so it becomes noninfringin,
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of actions, appoint a
receiver trustee for any of the Sellers property or business, this order may fomhwlth be canceled by the
PurcOrhaser with., liability.
16. GOVERNING LAW.
The dentitions of tear used or the interpretation oftbe agreement and the rights of all parries hereunder shall be
ondnal under and gmumeed by the laws of the Stare of Colorado, USA.
The fallowing Additional Conditions apply only in case where the Seiler is w perform work MreuMer,
includingthe services ofSeft sReprettntatilap), onhe premisesofrimers.
17. SELLERS RESPONSIBILITY.
The Seller shall tarty on said work at Sellers own ask matil me same is fully completed and accepted, and shot],
in rase of any accident, destruction or injury to the work ardor materials before Setters foal completion and
accembei complete me wok err Sellers own a.,. and as the saisfaction of me Purchaa. Wbea aatenah
and aryipment are famished by offers for installation or erection by the Seller, the Sella shall move, unlond,
wort and handle same at me site and become responsible therefor as sough such mutants mount equipment
were being famished by the Seller miler the order.
18. INSURANCE.
The Seller shall, in his awn expense, provide far the payment of workers compensation, including occupational
disease benefits, to its employees employed m or in comatlon with me work covered by this purchase order,
meld., to their deprialm s in acooedanee wins the laws argue sate in which me wok is w be d.— The Sella
shall also carry, comprehensive general liability including, but rot limited w, commrned and automobile public
liability insurance with bodily injury and death limits of or lent $300,000 for any one person, S500,000 for my
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
contractors, if any, in provide for such c.mpens,irn and insurance. Before my of the Sellers or his contractors
employees shall do any work upon me premises of others, me Seller shall f ish me Purchaser with a artificme
that such compensation and insurance have been providd. Such certificates shall specify me date when such
compensation and insurance have been provided. Such certificates shall specify tbe date when such compemation
ad handsome expire. The Sella agrees mar such compensation and insaance Shall be rmiu mined ..,it aRa the
entire wok is completed and acttplaL
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
T he Seller hereby assumes the entire responsibility and liability for any and all damage, Imo or injury army kind
or nature whatsoever to persons or properly caused by or resulting fmm the execution of me work provided for in
this puahae, order or in connection herewith. The Sella will indemnify and hold counters tbe Pumhaser and my
or all of the pum oom officers, agents and employees fmm and against any and all claims, losses, damages,
charges at expenses, whether direct or minter, era whether an persons or Pmperry to which the purchaser may
be put or subject by reason of my act, action. neghxq omission or default on me Fort of the Seller, any of his
contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchase, or its officers, agents or employees at my time on account or
by rca cad of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, me Sella hereby agrees to assume the defense thereof and to
defend the same or me Sellers own expense, to pay any and ell costs, charges, antrum fas and other expenses,
my and rill judgmms than may be inrured by or -brained against me Purchaser err my of its a their -Beers,
agents or employees in such suits or outer, proceedings, and in woe judgment or other Jim be placed upon or
obuiined against the property of me Purchaser, or said p.'rnies in or as a result of such suits or other procedings,
the Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise, The Seller and
his contractors shall rake all safety precautions, bullish and install all guards necessary for the prevention of
accidents, comply with all laws and regulations wins regard to safety including, but without limitation, the
Occupaioml Safety end Health Act of 1970 and all rules and regulations issued partial therew.
Revised 07nG]4