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HomeMy WebLinkAbout551106 DS CONSTRUCTORS LLC - PURCHASE ORDER - 9163542 (6)• f 7 Fort Collins PURCHASE ORDER PO Number Page 9163542 1o13 This number must appear on all invoices, packing sli s and labels. Date: 06/09/2016 Vendor: 551106 Ship To: OPERATIONS SERVICES IDS CONSTRUCTORS LLC CITY OF FORT COLLINS 3780 N GARFIELD AVE SUITE 101 300 Laporte Avenue LOVELAND CO 80538 Building B FORT COLLINS CO 80521 Delivery Date: 06/08/2016 Buyer: ELLIOT DALE Note: Line Description Quantity Ordered UOM Unit Price Extended Price I EPIC Pump Room& Pool Renovatin 1 LOT LS 1,180,874.00 Labor/Materials/Equipment PER TERMS AND CONDITIONS OF BID 8273 AND AGREEMENT DATED 6/8/2016. 2 Other Repair & Maint Sery 1 LOT LS 242,000.00 3 Other Repair & Maint Sery 1 LOT LS 170,500.00 4 Other Repair & Maint Sery 1 LOT LS 70,000.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com I City of art Collins PURCHASE ORDER PO Number Page 9163542 2o13 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price e Other Repair & Maint Sery 1 LOT LS 337,939.00 Total $2,001,313.00 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 3 of 3 I COMMERCIAL DETAIL. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER 98.04502 Federal Exdse Tax Exemption Cemficate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon Anct performance of the terms and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973, Chaplet 39-26, 114 (a). exercise any rights or remedies provided harem or by law, fwIwe to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not he deemed a warner of any right of the damage in transit, may be returned to you for credit and are not to he replaced except upon receipt of written purchaser to osim upon smct performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate m a waiver of any of the terms Inspection GOODS are subject to the City of Fan Collin hmpection on amvel hereof Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS authorized payment on the pan of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from annrrust ACCEPTANCE is dependent upon completion of all applicable required inspection proceduresviolations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments must be FOB, City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired under federal or state w ttrum laws for such overcharges relating in the particular goods or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order bill must accompany invoice Additional charges for packing will not be =cepted 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS Shipment Distance. Where manufacturers have dismbuting points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distrbution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work in be performed by the most expeditious means available in iL and the Seller shall pay all torts associated with such work Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public audionty having jurisdiction over the work of vendor. Seller further agrees in hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Authorization. All panes to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind sand parries LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected in and hereby rejected. 2 DELIVERY PLEASE .ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m noted. Time is of the essence. Delivery and performance toast be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitaton, acceptance of pamal late deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due in causes not reasonably foreseeable which are beyond its reasonable control and without is fault of negligence, such ass of Cod acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or nos provided that nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the rime when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the tame actually lost by reason of the delay 3 WARRANTY The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable dawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a vmular name The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on aceoo ut of the Sellers breach of warranty The Seller shall replace, repair or make good, without con in the purchaser, any defects or faults wasmg within one (1) year or within such larger period of time as may be prescribed by law or by the terms office, applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective .,it done or materials furnished by the Seller Acceptance or use of goods by the Purchaser shall oat constitute 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 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 forms by women change order 5 CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quannnee naturally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amount due or the time of performance hereunder, an equitable adj Comment shall be made. 6 TERMINATIONS The Purchaser may many time by written change order, terminate this agreement as to any or all pomons of the goods then not shipped, subject many equitable adjustment between the parties as to any 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/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock No such lamination shall relieve the Purchaser or the Seller of any of the,, obhgwxmx as to any goods delivered hereunder 7 CLAIMS FOR ADJUSTMENT Any claim for adjustrnent most be asserted within tatty (30) days from the date die change or termination is ordered a COMPLIANCE WITH LAW The Seller warrants that all goods sold hereunder shall have been produced sold delivered and furnished in strict compliance with all applicable laws and regulations in which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser harmless from all toss and damages suffered by the Purchaser w a result of the Sellers failure to comply with such law 9 ASSIGNMENT Neither parryshall assign, transfer, or convey thisorder, army momes due or to become due hereunder without the prior written consent of the other party 10 TITLE The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, resmmons, reservations, security interest encumbrances and claims of others The Seller shall release the Purchaser and its contractors of any ter 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 in the directors, officers and employees ofmch parry The Seller's contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be performed by the Purchaser 14 PATENTS. Whenever the Seller is required in 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 process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at as option, either procure for the Purchaser the right to continue using said equipment or pairs, replace the same with subsmntrally equal but nomnFringing equipment, or modify it so it becomes noninfnnging 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assgnment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability 16 GOVERNINGLAW The definitions of terms used or the interpretation of the agreement and the rights of all patties hereunder shall be construed under and governed by the laws of the State of Colorado, USA The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rapresentative(s), on the promises of others 17 SELLERS RESPONSIBILITY The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser When materials and equipment are furnished by others for installation or erection by the Sailer, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IS INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the rime in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited in, contractual and automobile public Lability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400.000. The Seller shall Irkewise fortune his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a cemfcate that such compensation and insurance have been provided. Such certificates shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained cant after the enure work is completed and accepted. 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury Of any kind or nature whatsoever 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 harmless the Purchaser and tiny or all of the Purchasers officers, agents and employees from and agarng any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property in which the Purchaser may be put or subject by reason of any act, acton, 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 sun or other proceedings shall be brought against the Purchaser, Or is officers. agents or employees at any nine on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of is or their officers, agents or employees w aforesaid the Seller hereby agrees to assume the defense thereof and in defend the same at the Sellers own expense, to pay any and all toss. charges, attorneys fees and other expenses. any and all judgments thin may be incurred by or obtained against the Purchaser or any of is or than officers, agent or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such sums 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 take all safety precautions, format and install 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 03/2010