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HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9120295City of fort Collins PURCHASE ORDER PO Number Page 9120295 1of2 Ei:,,,niumbier mustaprnvoces, packingand labels. ' Date: 01/18/2012 Vendor: 476108 Ship To: OPERATIONS SERVICES INTERSTATES CONSTRUCTION SERVICES INC CITY OF FORT COLLINS 2636 MIDPOINT DR 300 Laporte Avenue FORT COLLINS Colorado 80525 - Building B FORT COLLINS Colorado 80521 Delivery Date: 01118/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended .Ordered Price I Repair/Redo Electrical Feeds 1 • LOT LS 17,911.00 835 Wood St Fuel Island C3. 0Cl�:9Q:� 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total Invoice Address: $17,911 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tares. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-20, 114 (a). Goods Rejected. GOODS REJECTED due to failum to meet specifications, either when shipped or due a defeats of damage in transit, may be rammed to you for credit and arc not to be replaced except upon mccipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Page 2 of 2 I L NONWAIVER. Failure of the Purchaser to insist upon strict paforrance of the terms and conditions hercof. 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 of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hercof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Furrowed on[ modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hcrcoC Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the part of the City of Pon Collins. HOwcvc,, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this h Freight Tcmes. Shipments most be EO.B., City of Fort Collins, 700 Wood St, ran Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mana ufacrers have distributing points in various parrs of the country, shipment is expected from the nearest distribution point to dostirention, and excess freight will be deducted form Invoice when shipments am made from greater distance. Permits, Seller lcr shall cuat 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 where the work is performed, or required by any other duly constitmed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by mason of an assencd or established violation of any such taws, regulations, ordinances, rules and requirements. Authorization. All parties to this connect agree that the repremi aassc tives arc, in fact, bon. fide and pss full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance mp to the terms and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by mference. Any additional indifferent tonne and conditions proposed by sclleram 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 of the essence. Delivery and performance must be effected within the time smtcd on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpsnial late deliveries, shall operate as a waiver ofthls provision. In the event ofany delay, e the Purchasshall 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 foreseeable which are beyond its reasonable control and without its fault or negligence, such acts of God, acts of civil or military authorities, Governmental priorities, fircs, strikes, Rood, epidemics, won or riots provided that notice of the conditions causing such delay is given la the Purchaser within five (5) days ofthe time 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 time actually last by reason of the delay. 3. WARRANTY. The Seller warr ants that all goods, articles, materials and work covered by this order will confoi with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and paforeacil with the highest degree of care and competence in accordance with accepted standards for work of n similar nature. The Seller agrees to hold the purchaser homeless form any lose, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of ivormnty. The Seiler 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 temw crony applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptanceea not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this waran y. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately coined by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make cluages to legal lama by written change order. 5. CHANGES IN COMMERCIAL TERhIS. The Purchaser may make any changes to the tams, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmwinge, by verbal or written change order. If any such change effects the amount due or the time ofpman erfocc hereunder, nn 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 ofthe goods then not shipped subject to my equitable adjustment bctiiecn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prom fits on the uncopleted 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 arc the Sellers standard stork. No such termination shall relieve the Pumhmcr ern the Seller ofany of their obligations as to any goods delivered hemunderr. 7. CLAIMS FOR ADJUSTMENT Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seiler warrants that all goods sold hereunder shall have been produced sold, delivered mid fumished 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 or evidence compliance. All laws and regulations required to be incorporated in agreements of this character am hereby incorporated herein by this refinance. The Seller agrees to indemnify and hold the Purchaza hamiless from all costs and damages suffered by the Pumhascr as a result ofthe Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tansfeq or convey this order, or any monies due or to become due hereunder without the prior wrincn consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the P.mhaar forall equipment, materials, and items furnished in Performance of this agreement, free and clear of tiny and all liens, restrictions, rearvations, security interest enemnbmnccs end claims ofothers. pure ase oNer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller. and the Seiler thereafter indicates its inability or unwillingness to comply, the purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs.ssuentred with such work. The Seller shall release the Purchaser end its contactors of any tier form all liability and claims of any nature resulting from the performance ofsuch work. This m1cose shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sallees contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed 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 homeless 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 contort, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or alter 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 mid equipment or 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 parts, replace the mac with substantially equal but nonlnfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall becannc insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or Trustee for any or the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofthe agreement and the rights of all panics hereunder shall be ' construed under and governed by the laws oftha State of Colorado, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder, including the services of Sel lers Representative(s), on the premises archers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Scllcrss own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller. the Seller shall receive. unload, store and handle some at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expctxse, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least $300,000 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 contactors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the ptcmises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the data 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, low or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless 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 Seller, any of his contactors, or any of the Scllcrs or contactors officers, agents or employees. In case any suit or other proceedings shall be borught 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 tiny ofhie contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anoreys fast and other expenses, any and all judgmcna that may be incurred by or obtained against the Purchaser or any of itt or their officers. agents or employes 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 aid panics in or as a result of such suits or other proceedings, the Seiler will at once come the tame to be dissolved and discharged by giving bond or otherwise. The Seller 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 Actor 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010