HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9141282Fort Collins
Date: 02/27/2014
PURCHASE ORDER
Vendor: 476108 Ship To:
INTERSTATES CONSTRUCTION SERVICES INC
2636 MIDPOINT DR
FORT COLLINS CO 80525
PO Number Page
9141282 left
This number must appear
on all invoices, packing
sli s and labels.
OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 02/27/2014
Buyer: DOUG CLAPP
Note: reference annual contract for Bid#7337
Line Description
Quantity UOM Unit Price Extended
Ordered Price
Nix Farm Shop
1 LOT LS 6,794.00
Provide all labor and material
nacessary to install conduit
run for fiber connectivity
from existing IT closet to
the boring located at the
Northwest corner of the shop
per estimate dated 2/10/14.
Contact: Ethan Co=ens
ph# 970-221-6273
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
Total $6,794.00
Invoice Address:
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 exempliores. By statute the City of Fort Collins B exempt from state and twat axes. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excue Tax Exemption Carifcate of Registry 84-6000587 is registered with 0w Called., of
Failure of the Purcassa to insist upon strict performance of the terms and conditions hereof, failure or delay to
Internal Ravrnue, Denver. Colorado (Ref Colorado Revised Samtes laid. Clupler 39 26. 1 t4 (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 arm payment for goads Maurer or approval olds, design, shall net release the Seller of
Goods ftgectW. GOODS REJECTED due to failure to meet specifications, either whom shipped of due,. defeds of
any of the waranuet or obligations of this p trchaa order and shall cal be demand a waiver of any right of the
damage in transit, may be returned W you for credit and are net to be, replaced except upon covers of written
pmchasor m insist upon strict performance hereof or any of its rights or remedies as to my such good, regardless
instructions fmm the City of Fog Collins.
of when shipped, received or excepted, as m any prior or subsumed, default hemostat, car shall any purported
oral modification Or scission of this purchme order by the Purchaser operate an a waiver of any of the terms
Inspection. GOODS are subject to the City offered Collins in action on mrical.
hereof.
Final Ace,plance. Receipt of the merchandise, services or equipment in reasons, to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mulawrlxd payment on the pan of the City of Fog Collins. Howevm it is m be understood that FINAL
Sella it the Purchaser recogniu that in actual economic practice, o erehadgw resulting brainnational
prequ ACCEPTANCE is depeadentuon completion ofill applicable ired inspection procedures.
violations me in fact home by the Purchaser. Theodofore for ood cause and as consideration far execming this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be ROM, City of Fort Collins, 700 Wood M., fact Cuckoo, CO 80522, unless
acquired under federal and state madmit laws for such overcharges relating to rise particular goods or services
otherwise specified callus order. lfpemtission is given to papery freight and charge separmely, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS-.
Shipment Distance. Whore manufacturers have distdbrting paints in vet us pans Of the country, shipment is
If he P... base, directs he Seller to correct nonconforming or defective good by a date to be agreed upon by the
expected from the nearest distribution point to desue,no n, and excess freight will be deduced from Invoice when
Purchaser and the Seller, rand the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from greener distance.
may cans the work to be performed by the most expeditious means available to it, and the Seller shall pay all
caste mswwted with such work.
Permit, Sena shall procure at sellers sale cost all necessary permits, cmiticates and Inumeas required by all
applicable laws, miniature ordl.n as and tales Of he state, municipality, territory or political subdivision where
The Seller shall release the Purchaser and its contactors of any tier from all liability err claims of any nature
the work is performed, or required by any other duly arreco teed public autlwrity havingjurishation over the work
resulting fmm the perfomcuce of such work.
of vendor. Seller hardier agrees to hold the City of Fort Collins harmless from and against all liability and loss
incorrect by Nem by reason of an msm it m established violation or any such laxs, regulations, ordinances, rules
This release that apply ere. in the went of fault of negligewe of like party releasM and shall -tend m the
and requirements.
directors, officers and employees ofsuch luny.
Authuivation. All parties to this contract agree that the repreunutiva are, in Two, bow fide and possess full and
complete authority an bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acttpmntt m the term and condition stared
herein sec forth and any supplementary or additional lams and condition annexed hereto Or incorporated herein by
reference. Any additional or different erms and c ndidan proposed by taller act objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately try.. cannot make candidate shipment m anive oa your
promised delivery date as noted. Time is of the essence. Delivery and performance most be placed within the time
stated on the purchase order and the documents scathed herein. No ads of Purchasers including, without
limitation, acceptance of panial late deliveries, shall operate as a waiver ofrhis provisim. In the event ofany, delay,
the Purchaser shall have, in addition 1. after legal and equitable remedies, the option al 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 convert and withom its fault of negligence,
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, 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 thermal. In the event of any such delay, the data of delivery shall be
extended for the period equal to the time am.11y lost by ... son of the 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 ba fit for the purposes drrended, and
Performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar .tune. The Sella egrers 1. hold the Purchaser harmless from any lass, damage or as,. which the
Purchaser may suff or incur an account of the Seller breach ofwmmdnry. The Seller shall replace, repair m make
good, withom cat as the purchascq any deface or faults arising within one (I) year or within such longer period of
time as may be prescribal by how or by the tents army applicable warranty provided by the Seller after the dare of
acceptance of the good f ished hereunder (acceptance cat to be unreasonably delayed), resulting fmm imperfect
Or defective work done Or mamria s famished by the Seller. Acceptance or man of goods by the Purchma shall not
coestio e a waiver ofany claim under this wmmory. Except n otherwise pmvided in this purchase ordm the Sellers
liability hereunder shall extend to all damages proximately mined by the branch of my of the foregoing warranties
in garmar eca, but such liability shall in no event include loss of profits or lass 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 wricen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, usher than legal terms, including additions m or deletions from
the cautious originally onleed in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the tine of performance hereunder, an equitable rjustmon shall be made.
6. TERMINATIONS.
The Paramour may at any time by rumen change mden wari.e this agreement as to any or all portions of the
good than not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
porgrass provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good maker work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect a any good which are the Sellers standard stack. No such temrimtion shall relieve
the Parchaer or the Seller army of their obligation as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjntmen most be asserted within carry (30) days fmm the dale the change or temtiration is
ordered.
8. COMPLIANCE WITH LAW.
The Seller w rmands that ail goods sold hereunder shall have them produced, sold, delivered and famished in strict
compliance with all applicable laws and regulation to which the goods are, subject The Seller shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulation required to be,
incorporated in agreements of this character are hereby mad,rammd herein by this reference. The Sella agrees Ind
indemnify and hold the Purchaser M1mmlms from all casts and damages suffi rad by the Purchaser as is result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall resign, transfer, or convey this order, or any monies due Or to became due hereunder without the
pd., written consent ofthe other P.M.
10. TITLE,
The Seller warrants full, clear and commicted title to me Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of any and all liens resmations, reservations, security interest
encumbrances and claims of offers.
The Seller's contmemal obligation, heading wartanry, shall not be deemed m be, reduced, in any way, because
such work is prAutmM or caused m be performed by the Poadmar.
14. PATENTS.
Whenever the Seller is required to use any dasigm Mice, mmmal or process covered by late, patent, trademark
Or copyright, the Sella shall indemnify and save harmless the Purchaser Farm any and all claims for infringement
by reason of the use Of such patented design, device, mmeried Or process in connection with the wntmct, and
shall indemnity the Purchaser for any and, expense or damage which it may be obliged to pay by nowen of such
infringement at any time during the prosecution or after the completion of the work. In cause said equipment, or
any pan thereof or the intended use of the good, is in such suit held to wnsfimte infringement and the rate of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either fortune for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
mninfringing equipment, or modify it so it becomes naninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for rise benefit of creditors, appoint a
serve or remove for any of the Sellers property or bniness, this order may foMwith be canceled by the
Pardoner without liability.
16. GOVERNING LAW.
The definition of teraw used and the interpretation of the agreement and the rights of all parties hereunder shall Ee
construed under and guvcmed by the laws of the Sum of Colorado, USA.
The fallowing Additional Condition apply only in cases where the Seller is In perform work hereunder,
including the services of Sellers Representative(s), on the premises clutters.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers awn risk ..it the same S fully completed awl accepted, and shall,
in rase of any accident Muuctim or injury to the work and/or materials before Seller's fi.l completion and
wcepmnce complete the work at Sellers own <.,. and m the sausGeum of the Purchase. When materials
and equipment aR fnmishrd by others fur installation or erection by the Seller, the Seller shall receive, anlwd,
stare and handle same so the all, and become responsible therefor m though such materials .&a, equipment
were being f ishW by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed On or in connection with the wok covered by this pashas, mile,
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 every oompehenive ge.ml liability including, but not limited to, ecntmcmal and automobile public
liability insurance with bodily injury and death limits of at leas, $300,000 for any one person, 5500,0W Wa any
one accident and property damage limit par accident of $400,000. The Seller shall likewise require his
contractors, orator, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises archers, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such wrtificares shall specify the date when such
compensation and insurance have ben provided. Such certificates sM1all specify the date when such compensation
and dnsureace expires. The Seller agrees that such compensation and insurance shall be maintained until oiler 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, Inns or injury of any kind
or .1. whatsoever W persons or property caused by or desalting to. the execution of the wok provided for in
thus purchase order in in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any
r all of the Fortis officers, agents and employees fmm and against any and all claims, luaus, damages,
chmgas or esperaes, whether direct or indirect sr wMba to persons or property to which the Purchaser may
W put or subject by reason of my rat action, neglect, omission or deauh on the pan of the Seller, any of his
...a., or any of the Sellars or contractors mcars, agents or employees. In cam any suit or other
proceedings shall be brought against the Purchaser, of its officers, agents or employes at my time on account or
by deacon of my wt, action, neglect omissim or default of the Seller of my of his contractors or any of its or
Rick oBice n, agents or employees as of smand, the Seller hereby agrees in assume the defense thereof and to
defend the were at the Sellers own expene, in pay any and all costs, charges, attorneys fees and othe, expersses,
any and all judgments cast may he incumd by or Obtained againl the Purchase or any of its or their omcers,
,,ens or employes in such suits or other proceedings, err in case judgment or other lam be plated upon or
obtained against the princely 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 b, dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall mkt all safety precautions, fumish and install all guard 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 at I tales and regulation issued pursmnt therein.
Revised 03I2010