Loading...
HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9121769City of F,�t COltIt1S Date: 03/26/2012 PURCHASE ORDER Vendor: 476108 Ship To: INTERSTATES CONSTRUCTION SERVICES INC 2636 MIDPOINT DR FORT COLLINS Colorado 80525 PO Number Page 9121769 1of2 This number must appear on all invoices, packing slips and labels. FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/26/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Blanket order to cover the cost of miscellaneous electrical work for fiscal year 2012 per Bid #7337. All work shall be ordered by City Facilities department only. All completed work must be accompanied by an invoice or job ticket including contact person and site information with an explanation of work attached. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 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 1 LOT LS Total Invoice Address: 10,000.00 $10,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure Tribe Purchaser to insist upon strict performance of the tends and conditions hereof, failure or delay ro Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39 2h. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmmptly notify the Seller in the cvcm ofa breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the SO let of Goods Rejected. GOODS REJECTED due to failure to mod sp ci ficatioms, either when shipped or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a univer of any right of the damage in transit, may be resumed to you far credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfnmance hercofor any of its, rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped, mmivcd or accepted as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Pumhascr operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. malmnzed payment on the pan 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 form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, file Seller hereby assigns to the Purchaser now and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., Citv of Fort Collins, 700 Wood St, Fort Collins CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or scrviccs otherwise specified on this order. If permission is given to prepay freight and charge sepamely, the original freight purchased or acquired by the Pnrchascr pursuant to this purchase order, bill must acenmpany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made form greater distance. Permits. Seller shall procure at sellers sole cost all neeessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and falls of the state. municipality, territory or political subdivision where the umrk is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmi from and against all liability and loss incurred by them by reason of an as erred or established violation of any such laws, regulations, ordinances, rules and requirements. Autherintion. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the tans 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 sellerare 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 eff cmd within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial Ire deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchascr.shall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. Hmvever. the Scllcr shall not he liable for damages as if result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without it fault oftegligcnce, such acts ofGod, acts ofeivil or military authorities, governmental prinrilies, fires..strikes, Rood, epidemics, lots 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 for received ki naledge thereof. In the event of any such delay, the date of ddivem shall be extended for the period equal to the time actually lost by reason ofshc delay. 3. WARRANTY. The Scllcr wamnts 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 agrtts m hold the purchases harmless from any loss, damage or expense which the Purchaser maysuffer er or incur on account of the Scllcrs breach of uamnty. The Seiler shall replace, repair or make good. without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable wamnty provided by the Seller after the date of acceptance of the grads famished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective 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 warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing wamntics or guamntces, but such liability shall in no event include foes 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 terms, other than legal terms, including additions to or deletions from the quamiries 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 performance hereunder, an equitable adjustment shall he made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminal: this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjmtmcnl between the panics as to any work or materials then in progrcs.s pmvidcd that the Purchaser shall not be liable for any claims for anticipated Profits On the uncompleted portion of the goods nndlor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers. stand rd stock. No such termination shall relieve the Purchaser ar the Seller of any of their obligations as to anv goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thin (30) days form the date the change or termination is Ordered. R. COMPLIANCE WITH LAW. The Seller variants 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 goods nre subject. The Seiler 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 are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pnrchascr hamdess from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to b=mc due hereunder without the prior written consent of the other piny. 10. TITLE. The Seller wamnts 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. restrictions. reservations, security interest encumbrances and claims of ethers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller.and the Seller 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 Scller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contmetors of any net from all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the cent of fault of negligence of the party released and shall extend to the directors. officer, and employees of such Party. The Seller's contrucmat obligations, including wamnty, shall not be devoted to be reduced, in any way, because such work is peformed or caused to be performed by the Porehaner. 14. PATENTS. Whenever the Scller is required in use any design, device, material or pmcess covered by letter, patens, trademark or copyright, the Seller shall indemnify and sive harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or p rless in connection wish the contract and shall indemnify the Pnrchascr for any cost, expense or damage which it may be obliged to pay by reason of Bach infringement at any time during the proscculion or after the completion of the work. In case said equipment or any part thereof or she 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 own expense and at its option, either procure for the Purchaser the right In continue using said equipment of pans, replace the same with substantially equal but noninfringing equipment, or modify, it so it becomes noninfringing. 15. INSOLVENCY. If she Seller shall beeline insolvent or bankfapt make an acigmment for the benefit of creditors, appoint a receiver or trustee for any of the Scllem property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tcros used or the interpretation ofthc agreement and the rights ofall panics hcivtmdcr shall be construed underand governed by the Imes of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprcscntativds), lathe premises ofothers. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Scllcr', 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 Scller's own expcmw and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall mecive, unload. store and handle same at the site and become responsible therefor as though such mateials and/or equipment were being furnished by the Scller under the under. IS. INSURANCE. The Seller shall, at his own expense, provide for she payment n[w'orkcts compensation, including occupational discose benefits. to its cmplOycc cnmpllycd on or in connection wish she 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 bmlily ivuury and death limits ofat least S300,0(m for any one person. S504000 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 Sc11ers or his contractors employees shall do any work open the premises of mhos, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such ecnifcates shall specify the date when such compensation and immorce have been provided. Such certificates shall specify the date when such compensaion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after she entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hem1w essames the entire responsibility and liability for any and all damage, loss or injury Truly kind or nature whatsoever m persnns or property caused by or resulting from the execution ofthc work pmvidcd 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 oReers. agents and employees form 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 pus or subject by reason of any act action, neglect omission or default oa the .an of the Seller, any of his contractors. or any of the Sellers or contractors officers, agents or employees. In case any suit or other procesrlings shall be brought against the Parchas f. or its oRmers, agents or employees at nay lime on account or by maven orally oat. action, neglcat Omission or default of the Seller of any of his contractors or any of its or their otTicers, agents or employees as rio csaid. the Seller hereby agrees to assume the defense thereof and to defend the: ame as the Scllcrs own expense, to pay any and all costs, charges, auonicys 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 pmpcny of the Purchaser, or said panics in or as a result of such sails or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safely precautions, famish and install all guards accessary for the prevention of accidents, comply with all lows and regulations with regard to safety including, but without limitation, the Occupational Salley and 1lealth Act of 1970 and all mils and regulations issued pursuant I uembi. Revised 03/2010