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HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9114734PURCHASE ORDER PO Number Page City Of^ „ 9114734 ' of z ' `t C011i1 1s on allnumber must ackingappear F6r` Cottins , on all invoices, packing slips and labels. Date: 12/12/2011 Vendor: 476108 Ship To: MIS INTERSTATES CONSTRUCTION SERVICES INC CITY OF FORT COLLINS 2636 MIDPOINT DR 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80524-4 Delivery Date: 08/10/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO 1 LOT EA 4,449.84 Total $4,449.84 Invoice 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11 NONWAI VER. 9841,7502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of fire Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for good hereunder or approval ofthe design, shall not rdensc the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wammies or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in transit, may be mounted to you for credit and are not to be replaced except upon receipt of svrinen purchaser to insist upon strict performance hercoforany of its rights or remedies as to any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponcd am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 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 part of the City of Fort Collins. However. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges minting to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser purmant to this purchase order. bill must accompany invnice. Additional charges for packing will not be accepted, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nanconfolming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be 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 to be performed by the most expeditious means available to it, and the Seller shall pay all costs neseeimed 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 perfomed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by rcamn of an asset cd or established violation ofany such laws, regulations ordinances, rates and requirements. Authoriution. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expres,ly limits acceptance to 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 ordiffcrent tcmu and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthc essence. Delivery and performance must be 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 late deliveries, shall operate as a waiver of this prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. Hosscver. the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such act, ofGod, acts ofci.il or military authorities governmental priorities, fires, strikes, food, epidemics wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the Dent of any such delay, the date of delivery shall be extruded for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards far work of a similar nature The Seller agrees to hold the purchaser harmless from any Inns, damage or expense which the Purchase may su Rer or incur on account of the Sellers 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 terms ofany applicable warranty provided by the Seller after the date of acceptance of the grad famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defcetive work done or materials famished by the Seller. 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 wammies 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 to the toms, other than legal terms, including additions to or deletions Form the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfommucc hereunder, an equitable adjustment 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 bow a n the panics 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 good and/or work, for incidental or consequential damages. and that no such adjustment be made in favor of the Scllcr with respect to any good which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods deliwend hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or temdoition is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, said. delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agecmcnts of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all cosh and damages suffered by the Purchascr ns a result of the Sellers failure to comply with such Inv. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr wamnty full, dentinal 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. 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 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 and employees of s ch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed b7 the Purchaser. . 14. PATENTS. Whenever the Seiler is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seiler shall indemnify and save harmless the Purchaser form 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 to pay by mason ofsuch infringement at any time during the prosecution or after 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 constitute infringement and the use of said equipment or part 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 some with substantially equal but nnninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver err trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW, The definitions of terms used or the interpretation ofthc agreement and the rights ofnll panics hereunder shall be construed under and governed by the laws of the Stale of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the services of Scllcrs Reprcscntative(s), em the promises ofmhmx. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcrs men risk until the same is fully completed and accepted, and shall, in use of any accident. destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllcrs men expense and to the satisfaction of the Purchuer. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive. unload, store and handle same at the site and become responsible therefor as though such materials and/err equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his men expense, provide for the payment of workers compensation, including occupational disease bcncfit,, to is employees employed an or in connection with the work covered by this purchases order, and/or to their dependents in accordance with the law,% of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contactual and automobile public liability insurance with bodily injury not death limit, of err Icuxt S300.000 for any one person, S500.000 far any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, ifzny, to provide for s ch 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 Pu chasenvith 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 expires. 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 or injury ofany kind or notate whatsoever to persons or property caused by or resulting From the execution ofthc work provided for in this purchase order or in connection hcrcwith. The Seller will indemnify and hold hamlcss the Purchaser and any or all of the Purchasers effects, agents and employees furor 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 Seller, any of his contractors, or any of the Scllcrs or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason 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, the Seiler hereby agrees to assume the defense thereof 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 other lien be placed upon or obtained against the pmpery of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diwhatged by giving bond or otherwise. The Sell let and his contractors shall take all safety precautions, furnish 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 mles and regulations issued pursuant thereto. Revised 03/2010