HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9141439PO
PURCHASE ORDER 914143er Page
CI�/ of PURCHASE
47439 1 of z
�+/ Collinshisnumber must appear
` v " 1 1�7 on all invoices, packing
sli s and labels.
Date: 03/07/2014
Vendor: 476108 Ship To:
INTERSTATES CONSTRUCTION SERVICES INC
2636 MIDPOINT DR
FORT COLLINS CO 80525
OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 03/06/2014 Buyer: DOUG CLAPP
Note: ref. Federalized Electrical
Annual contract # 7337
Line Description Quantity UOM Unit Price Extended
Ordered Price
Transfort 1 LOT LS 2,900.00
Finish conduit run for access
control in chassis wash.
ref. quote dated 2/25/13
per Josh Barber
Contact:
Bryan Garrett
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.00m
Total $2,900.00
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
1. COMMERCIALDETAIB.
Tax exemptions. By statute the City of Fan Collins is exempt from state and ]me] m ens. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Canifirme of Registry 84-6000582 is registelad with the Collector of
infected Roxanne, Denver, Colorado (Ref. Colomdo Revised Sources 1973, Chapter 39-26. 114 (a).
Good RejMed. GOODS REJECTED due to failure on coca spaifimotios, either when shipped or due no defect of
damage in trasiL may be rammed to you for credit and are not to be replaced except upon receipt of women
iswmions farm the City effect Collins.
Inspection. GOODS sm subject to the City of For, Collins inspection on arrival.
Final Acceptance. R cuipt of the merchandise, services car ryuipment in canonical m this older can resell in
authorized payment an the pan of the City of Fiat Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection prseedures.
Freight Teams. Shipments must he F O.B., City of Fort Callen, 100 Wood St, Fail Collar, CO 90522, unless
otherwise specified on this adder. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted
Shipment Distance. Whom manufacturers have dish bating points in various parts ul'tire comnry, shipment is
expected from the nearest distribution paint to destitution, and excess freight will be deducted from Invoice when
shipments .,,,.do from Samoa, domnce.
Permits. Seller shall parcure al sellers sole cast all nma,., posits, cur ificnte and harems requital by all
applicable laws, mmusime, andimantts and roles of the sate, municipality, territory or political subdivision where
the weak is performed, nr required by any other duly mnnim ed public authority having jurisdiction over the work
of vendor. Seller further agrees to bold the City of Fort Collin hassles from and against all liability and lass
incurred by them by reason of an asserted or esmblisbed violation of any such laws, regulations, adiwmew. rules
and requirements.
Authorivlion. All panic to this contract agree thin the representatives am, in fact. was fide and possess fall aM
complete authority 10 bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the marts and condition anted
herein set fans and any supplementary or additional tarns and conditions fortaxed heads, or marosporemd herein by
reference. Any additional or different terms it conditions proposed by seller arc objected 1. aM hereby matted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to alive on your
promised delivery data as noted, lime is of the essence. Delivery and pcomm u nca must he effected within the time
armed on the purchase order and the daument attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event crony delay,
the Purchaser shall have, in addition m other legal and equitable remedies, the option of placing this older elsewhere
and holding the Seller liable for damages. However, the Seller shall at be liable Ibr damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without it Ihult of negligence,
such acts of God, net of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided than notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seiler 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 lost by reason of -the delay.
3. WARRANTY.
The Seller warrants that all goods, aside, materials and work covered by this order will conform with applicable
drawings, specifications, samples andor other descriptions given, will be, El far the purposes imenched, and
Performed with the highest degree of more and consonance in overreliance with accepted standards for weak of a
similar to.. The Seller agrees to hold the purchaser barrel. farm any loss, damage or ,peeve which the
Pumbsor may suffer or incur on account of the Sellers breach of warrantyair . The Seller shall replace, repor make
good, without cart to the pushsser, any defects m faults seising within one (U year or within such longer period of
time as may b, prescribed by law or by the toms of any applicable womanly provided by the Seller after the date of
sccaparom of the goad famished hereunder (acepostake cot to he maraca onably delayed), resulting tram impart t
or defective work done or materials Racialist by the Seller. Acceptance or use of goods by the Functional shall not
constitute a waiver ofany claim maker this someway. Except as otherwise provided in this purchase older, the Sellers
liability hereunder shall extend W all damages proximately caused by the breach of any of the foregoing wasmmies
or gveraides, but such liability shall in no even, include loss m7parfit or Ins of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes an legal teens by wratm change order.
5. CHANGES IN COMMERCIAL PERMS.
The P... htsrmay make any changes to the tents, other than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or wriven change oNer. If any such
change affats the a imum duo or the time ofperfomtace hereunder, an equitable shustuart shall be..de.
6. 1 ERMINATIONS.
The Purchaser may al any time by wriven change .,den marmate this agreement as to any or at l portions of the
good then not shipped, subject to any equitable adjusment between the parties as to any work or materials then in
progress provided that the Purchaser shelf not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or consequential damages, and but no such adjustment be made in
favor of the Seller with respect W any fresh, which art the Sellers standard sock. No such lamination shall relieve
the Pamhaer or the Sella of any oftheir obligation as to any good delivered haevedcr.
Z CLAIMS FOR ADJUSTMENT.
Any claim for adjuammt most he assured within dim (30) days from the dam the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Selltt warrants that all goods sold bercuMer shall have been produced, sold, delivered and fumishcd in fader
compliance with all applicable laws and regulation m which are goads arc subject. The Seller shall execute and
deliver such dotvment n may be required to effect or evidence compliance. All laws sod regulations required to be
interlacement in agreements of this character are hereby mompomted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser heradess from all rests and damages suffered by the Pardoner as a result of the
Sellers fail.. m 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 he
From written common ofthe other puny.
10. TITLE.
The Seller warrant full, clear and unrestricted title to the Purchaser to, all equipment, ma.rials, and items famished
in performance of this mosemem, free and dam of any and all liens, carridi.m..mrvmions, security interest
encumbrances and claims ofmhers.
II. NONWAIVER.
Failure of the Purchaser to insist upon mict Pa.. of the terms and "I.. hereof, failure or delay 10
camnise any rights or remedies provided headed or by he., failure to promptly annoy the Seller in the event of a
breach, are acca men ce oral payment for good hereunder or approval ofhe deign, shall not release the Seller of
any of flaw warrantie or obligations of this purchase older and shall not be, deemd a waiver of any right of the
producer to insist upon strict performance barterer any of its rights or remedies as W any such good, regardless
of when shipped, remved or accepted, as to any prior or subsequent default herewde, nor shall any purposed
oral modification or remission of Nis purchase order by the Purchaser operate as a waiver of my of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and are Purchaser recognize that in actual economic pmetice, overcharges resulting from antitrust
violations are in had home by the Purchaser. Theretofore, nfor rgood cause and as consideration for executing this
Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereaner
acquired under federal at state conformal laws for such overcharge calling to the particular goods or services
purchased or acquired by the Purchaser mancern In this parch... ender.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser direct the Set lea to correct nanean eramg or defective goad by a date to be vgreed upon by the
Purchaser and the Seller, and the Seller thereaner indicoms its inability or unwillingness to comply, the Purchaser
may cause the walk to he performed by the nesr expeditious meat available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the PurcM1ner and its comments of any tier from all liability and claims of any nature
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligeae of the party released and shall extend m the
directors, officers and employees ofsuch parry.
The Sellers continental obligations, including warranty, shall trot be deemed on be, meuced, in any way, bcausc
such work is performed or caused to be peraffrowed by the Purchaser.
14. PATENTS.
Whatever time Seller is requited to use any design, device, material or pmttss revered by loner, plant, trademark
or copyright, the Sells shall indemnify and save hammless the Purchaser from any and all claims for infringement
by season of the use of such painted 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 reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In cam said equipmem, or
any part thereof or the intended use of the good, is in such suit held to earn rota@ inGngement and the use of
said equipment or pan is acquired, the Seller shall, ar it own expense and of its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
nouinfrmaing equipment, or modify it so it becomes naninMnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, vppmor is
receiver or trustee for any of the Sellers property or business, this alder may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitiom oftemu used or the interpretation of the agreement and the rights ofell parties hereunder shall he
construed anchor and governed by the laws f,ha Sam ofCalondo, USA.
The following Additional Conditions apply only in cases where the Seller is W pcal res work hereundee,
including the service of Sellers Represena,ivgs), on the promises ofothas.
12. SELLERS RESPONSIBILITY.
The Seller shall carry oa said work ar Scllcrs own risk until the same is fully completed sad accepted, and shall
in case of any accident, destruction or injury to the work andfor maenak bet Sellers Real completion and
acceptance, complete the work at Scllcrs own expense and at the satisfaction of the Purchases. When matcn.6
and equipment ate famished by others for imUllation or erection by the Seller, the Seger shall receive, unload.
stoic and handle same at the site and become .,.,Me therefor as though such mammals tracer equipment
were being finished by de Seller soda the older.
18. INSURANCE.
The Seller shall, at his a. expense, provide for the payment of workers compensation, including cone ... Iioml
disease benefit, to its employees employed on or in connection with the work covered by this purchase older,
msmr to their dependents in accordance with the laws of the state in which the work is m be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least s300,000 for any one person, 55tmtm,1 oo far any
one accident and property damage limit per accident of S400,000. The Sella, shall likewise require his
contractors, if any, to provide for such compensation and inee. Before any of the Sellers or his contractors
employees shall cho any work upon the premises of others, the Seller shall famish the Purchaser with a cmificme
that such compensation and insurance have been provided Such certificates shall specify the date when such
ompnisation and insurance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and resonance 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 aaa all damage, loss or injury of any kind
or redure wlmtmser to person or parpmy mound by or resulting from the execution ofthe work provided for in
this purchase older at in connection herewith The Seller will indemnify and held harmless the Purchases and any
or all of the Purchasers officers, agents and employers from and against any and all claims, losses, damages,
charges or expenses, whether direct or airmail. and whether to parses or property to which the Pmchoer may
be put or subject by reason of any act, action, neglect, omission or default on the par, of the Sella, any of his
contradoa, or any of the Sellers or commctms officers, agents or employees. to can any suit m other
proceedings shall bel brought egais, the Purchaser, or its officers, agars or employees at any time on accord or
by reason of any a4 action, neglect, omission or default of the Seller of any of his contractors at my of its or
Nair oRcers, agents or amployees as aforesaid, the Sella hereby agrees to assume the defense thereof and to
defend the same in case Sellers own expense, to soy my and all costs, changes, annmeys f s and other experaes,
any tied all judgment that may be, incurred by or obtained against the purchaser or any of its or their officers.
agents or employee in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the Pat of the Purchaser, or said parties in or as a result of such suits or other pracedings,
,he Sella will at once cause the same to m dissolved and discharged by giving bond or otherwise. The Seller and
his committers shall take all safety precautions, famish 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 rates and regulations issued pursuanttherem.
Revised 03I2010