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HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 91106553PURCHASE ORDER PO Number Page City Of 9106553 1 of 2 ' `t Collins This number must appear on all invoices, packing slips and labels. Date: 0410612011 Vendor: 476108 Ship To INTERSTATES CONSTRUCTION SERVICES INC 2636 MIDPOINT DR FORT COLLINS Colorado 80525 OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 12/17/2010 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 Addendum 1 LOT EA 1,645.00 Ops Services share 4 Addendum 1 LOT EA 1,855.00 Utility share for the added scope for Car Charger Project for the City of Fort Collins Operation Services, per quote dated January 5, 2011. Total $3,500.00 UInvoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tam exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal E.scise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 26. 1 W (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAI V ER. Failure of the Purchaser to insist upon strict performance of the toms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hereunder or approval ofher design, shall out release the Seller of any of the eamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist open strict performance lencefor any of its rights or remedies as to any such goods, regardless of when shipped, received ar accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the emis 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. Hmsever, it is to be understood that FINAL Seller and the Parchascr recognize that in actual economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable requited inspcctinn procedures. violations are in fact borne 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 m hcrce0cr Freight Tenors. Shipments must be F.O.B., City of Fen Collins. 7M Wars] St.. Fort Collins, CO 80522, unless acquired under federal or state antitrust Incas for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge scpnmtcly, 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 accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIG ATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed neon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice "hen Purchaser and the Scllcr, and the Scllcr thcren Ocr 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 associated with such work. Permits. Seiler shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws regulations, ordinances and roles of the state, municipality, territory or political subdivision "here the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vender. Seller further agrees to hold the City of Fact 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, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fourth and any supplementary or additional trnne and conditions annexed hereto or incorporated herein by reference. Any additional or differenl toms and conditions proposed by seller arc objected m and hereby rejectN. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial lam 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 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 to causes not reasonably famsecable which arc beyond its reasonable control and without its fruit ofnegligence, such acts of God. acts ofcivil or military authorities, governmental priorities, rims, strikes, hood, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Parchascr within five (5) days of the time telien the Seller first received knowledge thereof. In the event ofany such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofhhe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless form any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost 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 texts ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (aceeptancc not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnty. 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 guaranties, but such liability shall in no event include loss of prefitx ar 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 to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal or wnuea change order. If any such change affects the amount due or the time ofperformance hereunder. an equitable adjustmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped. subject to any equitable adjustment bctw'cce the panics as to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion office goad 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 termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnty that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goads arc subject. The Seller shall execute and deliver such documents as may be required to effect orevidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such party. The Seler's conmctual obligations, including warm, my. shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to 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 far 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 cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the ptesecndion our a0cr the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to camfitute infringement and the use of said equipment our pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with xubsmntiolly equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Scllcr shall become insolvent or bankrupt, make an assignment for the benefil of creditors, appoint a receiver or mustec for any of the Sellers property or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftemis used or the interpretation ofhere agreement and the rights ofall panics hereunder shall he construed under and governed by the laws ofthc Slate of Colorado. USA. The following Additional Conditions apply only in cases what, the Seiler is to perform work hereunder. including the services of Scllcrs Rcp escnmtive(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own 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 Scllcrs final completion and acceptance, complete the work at Seller's own cspcnsc and to the satisfaction of the Purchnscr. When materials and equipment arc Furnished by others for installmion or erection by the Seller. the Seller shall receive, indeed. deed. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Scllcr shall, out his own cxpcnxc, pmvide for the payment of wmkcm compensation, including occupational disease benefice to its employees employed an at in connection with the work covered by this pumhnse order, and/or to their dependents in accordance with the Imvs of the state in which the work is to be Anne. The Seller shall also carry comprehensive general liability including, but not limited to. conMctual and automobile public liability insurance with bodily injury and death limits of at (cast S300,000 for any one person. S500.000 For any one accident and property damage limit per accident of S400,000. The Seller shall likewise require 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 famish the Purchnscr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such compensation and insurance shall be maintained 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 err injury ofany kind or nature whetsocvcr to persons our propeny caused by or resulting from the execution ofher work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamiless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, 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 Scllcr, any of his eonmetors, or any of the Sellers or contractors affccrs, agents or employees In case any suit or other proceedings shall be brought against the Purchase, or its officers. agents or employees at any time on account or by reason of ony 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, the Seller hereby agrees to assume the defense Ihcrcof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or mhcr lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsueh suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othenciac. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the pmvcntim 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 toles and regulations issued pursuant therein. Revised 0312010