Loading...
HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9147407PURCHASE ORDER PO Number Page City, of PURCHASE 47407 t of z ' `tCollinsr his number must packing V ` 1 1 on all Invoices, packing sli s and labels. Date: 12/16/2014 Vendor: 476108 Ship To: OPERATIONS SERVICES INTERSTATES CONSTRUCTION SERVICES INC CITY OF FORT COLLINS 2636 MIDPOINT DR 300 Laporte Avenue FORT COLLINS CO 80525 Building B FORT COLLINS CO 80521 Delivery Date: 12/15/2014 Buyer: DOUG CLAPP Note: ref. annual contract # 7307 Electrical Services Line Description Quantity Ordered UOM Unit Price Extended Price 1 City Manager's Office 1 LOT LS 46,860.00 Security Remodel Provide all necessary labor and materials to provide electrical services per proposal dated 12/11/14. Contact: Chad Mapp oh# 970-221-6227 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 $46,860.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local loxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Carfare of Registry 84-6000587 is registered with the Collector of Failure of the Putebaser to insist upon strict perfotmence of the moral and conditions hereof, failure or delay to Internal Revenue, Deaver, Colorado (Rd. Colorado Revised Statutes 1973, Chopta 39-26, 114 (a). exercise any rights or lies provided herein or by law, fai lute to promptly notify the Seller w Ox event of a remh, breach, the mmptarxx ofor payment for good hereunder or approval of the design, shall Out release the Sella of Good Rejected, GOODS REJECTED due b failure to meet sramifications, either when shipped or due to defects of any of the warmotics or obligations of this purchase order and shall not be decreed a waiver of my right of the damage in none, may be atumcd to you for credit and are not to by replaced except upon recaipt of written pnrchamr or insist upon strict performance hereof., any of its nights of rcmMiu as to any such goods, regardless interactions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or sub cup ent default bemomer, nor &hull any purported argil modification or rescission of this purchase order by she Purchases operate as a waver of any of the terms Inspection. GOODS are subject m the City offort Co01m inspection on transit. hereof. Final Aaeptame. Receipt of the mamImd1bu. services or equipment in response to this cover an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authodred payment on the part of the City of Fon Collins. However, it is to be understood trial FINAL Sella and the Frachiser recognve that in actual economic practice, ovcrcharaes gresulting from as antiot ACCEPTANCEis dependatuponcomplamoofall applicable requandim¢pecom procedures. violations are in fact home by the Purchaser. Themtofone,for good wnse and as consideration for executing this purchase order, the Sella hereby assigns to the Pumhaser any and all claims it may now have or haea0er Freight Team, Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fan Collins, CO 80522. unless enquired under federal or state national lax% for such overcharges relating w the particular goods of services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased of acquired by the Purchaser pursuant to this pmrchase order, bill most accompany invoice. Additional charges for Packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When, manufamrers have dinnbming points in various pans of the country, shipment is Hill, Purchaser directs the Seller to correct nonconforming or defective good by a date to be a greed upon by the expected firm the Drell distribution paint to destination, and exams freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereaner indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance, may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs asmamed with such walk. Permits. Seller shall procure of sellers sole cost all necessary permits, ¢nifrcmes and licenses required by ell applicable laws, regulations, ordinanam and rules of the stam, municipality, territory or political subdivision where the work is perhmna, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss incurred by them by reason of an mssened or established violation of any such laws, regulations, rrdianccs, roles and requirements. Authorization, All panic to this contract agree that the representatives are, in fact, brow fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Older expressly limits acceptance to the terms and conditions stated herein set forth hard any supplementary or additional rams and mndifioma ammsed hereto or incorporated herein by refemuce. Any additional or diffbrall a. and emWwora proposed by letter sre objected to and hereby jawed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you anent make cotnplae sbipmem F. arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance hour be effected within the time stated on the purchase order and the documents mached liable. No was of the Purchaers including, without limitation, acceptance of partial lam delivma, shall operate as a waiver of this provision. In the Pant ofuy delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere and helding the Seller liable for damages. Iloweva. the Seller shall not be liable for dmaga as a result of delays due to causes not miserably fomsceable which ere beyond to reasonable control and without its fault of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, POOL epidemics, was or dors provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Son received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period pout to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that nil gmi articles, materials and work covered by this order will confirm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and competence in accordance with accepted standard for work of a similar matim. The Seller agrees to ham she purchaser harmless from any loss, damage or expenu which the Purchaser may suffer or incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects on faults arising wiWn one (1) year or within such longer period of time as may to prescribed by law or by the terms of any applicable wmranry presided by the Sella after the date Of acceptance of the grad furnished hereunder (acceptance not to be umm nimbly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or ase of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hemuuWa shall extend tu all damages prosimarmy caused by the breach of any M the foregoing warhnties or gtmmntim, 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 Pomhsser may make changes to legal terms by wring change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal morns, including andurons to or dele,ions from the quantities originally ordered in the specifications or drawings, by verbal or wrimn change coder. If any such change afl is the amount due or the time nfpscrform. hereunder, an equitable ad,..., shall b<made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portion of the goods then not shipped, subject to any equitable adjustment between the partner or to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the umomplemd portion ref the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any aftheir obligations as to any good delivered hereunder. 7. CLAIMS FOR AIDUSl'MENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all grad sold hereunder shall have ban produced, sold, delivered and fumishwl in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect cur evidence compeencu All laws and oc lariam romiral to be, ncoryommd in agreements of this character am hereby incorporator] herein by this refemaro The Seller ngma m indemnify and hold the Purchaser Families from all costs and damages suffered by the Purchaser as a result of the sellers failure to comply with sash law. 9. ASSIGNMENT. Neither party shall assign, npmfer, or convey this alder, or any monies due or to become she hereunder without the Prior wring commit ofthe other party. 10. TITLE The Seller warrants full, clear and uoremrined title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clan of any and all liens, restrictions, sa rbarriom, security intent encumbrances and clams straddlers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dlremors, iffems aM employees ofamh parry. The Sir commmml obligations, including warranty, shall not be rimmed to be reduced, in any way, because such work is palommN or mush to be performed by the Purchua. 14. PATENTS. or Whenever the Sella a rquirM to use any design, device marerial ne procat my and by letter, parent trademark mpuran o the Sella &ball pr mated and save harmless the al or Ares from any and all claims fro infringement by lesson niche use of such parented design, device, damage or h it min coma<fon with the contract and shall indemnify the Purchaser for any cut, expense orrer the completion which iw maybe obliged tc payai teacart of such inGngcmenr at any time during the of dr, lioas, s in uc hed t of the wmk, fir ate said and the rise or any pan aluminum or the intendedcoon use he the grad. l, in such suer held ra corin its inGngemer and the use of said qai the or pan ¢ jawed, the idl a shall, equipment its own expense and cur its option, either procure for the Pumhaser the right to continue ring said equipment or pans, replace the same with substantially ially equal b noninfnnging equipment, or modify it m it becomes nanininMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bamkmpl, make an assignment for the benefit of creditors, a i oitn a receiver or trmtee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition armrms used Or the imerpremrion of the agreement and the rights of all parties hereunder shall be rebound under and gcommed by the laws ofthe State of ColumJa, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hatunden wcludwg the services of sellers Representatives), on the premises ofmlcrs. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same Is fully completed and accepted, and shall, in case of any accident, destruction or injury b the work amour materials before Sellers final completion and acceptance, complete the work in Sellers own expense and to the satisfaction of the Purchaser. When arsenals cud equipment are f Ished by others for Installmom or erection by du Sella, the Sella shill receive, anloaL stare and handle same at the site am become responsible therefor as though such materials and/or equipment were being frnisbed by the Seller under the order. 18. INSURANCE. The Seller shall, m his own expense, provide for the payment of workers comparransion, including ec mortional disease benefits, in its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in acpardmme with the laws of the state in which the work is m be done. The Seller shall also arty comprehensive general liability including. Mot not limited to, mn4azmal and automobile public liability insurance with bodily injury and loth limits of at least S300,000 for any one person. S500,010 for any mae accident and property, damage limit per accident of y010,000. The Seller shall likewise require his parameters, if any, to provide for such compensation and insurance. Before any of the Sellers or his pantrmon employees shall do any work upon the premiss of others, the Seller shall famish the Pumbasa with a cenifmte that such compensation and insurance base bran provided. Such anifiates shall specify the date when such compensation and insurance have ban provided. Such caificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be melntawed until after the entire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss cur injury ofany kind or nature whmtsoevef m pab airs or property causal 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 harmless the Purchaser and any r all of the Purchases officers, 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 Purchases may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought agnwst the Purchaur, or its aRcera, agents or employees at any time ran account Or by reason of any all, tramor, neglect, omission or default of the Seller of any of his contractors or any of its or their aRcers, agents or employees as aforesaid the Seller hereby agrees to wourne the defense theeof must to defend aM same ed the Sellers own expere, to pay any and all casts, charges, atmmeys fees and other expenses, any and all judgments fat may be incurred by or obtained against the Puthaer or any of its Or tour officers, agents or employees or such suits or other proceeding, and in case judgment or order dim be placed upon or Obtained agaimt the property ofthe Pnrcbaset, or said panics in or as a mutt of smh suits or mha poseadwg, the Seller will in once Ouse the same to be dissolved and disclaeged by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, famish and insult all gourd naessary for the pmenfa of accidents, comply with all laws and regulmom with regard m safety including, but without limiatoo, the Occupational Safety moil Health Act of 1970 and all talcs and regulations issued promman thcrem. Revised 072O14