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HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9142086City of Fort Collins Date: 04/14/2014 PURCHASE ORDER Vendor: 476108 INTERSTATES CONSTRUCTION SERVICES INC 2636 MIDPOINT DR FORT COLLINS CO 80525 PO Number Page 9142086 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 04/13/2014 Buver: DOUG CLAPP Note: reference annual contract - #7337 electrical contractor Line Description Quantity UOM Unit Price Extended Ordered Price t 200 Matthews -FCPan Provide and install new electrical devices and lighting and modify existing devices and lighting as shown on the drawing on the proposal. - not to exceed $9,800.00 Reference proposal date 3/21/14 from Josh Barber Contact: Chad Mapp 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.mm 1 LOT LS Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local rues. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-60)0582 is regisserW with the Collector of Interval Rm'enue. Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet x beifirediom, art when shipped or due to defects of damage in uamih may be impmal to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS art subject to the City of Fort Collins impection on anival. Final Acceptance. Receipt of We merchandise, services in equipment la response to this order can result m authorized payment on the Ism of the City of Fort Collins. However, it is to be, understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.D., City of Fon Collins, LTD Wood SL, For Collins, CO 80522, unless otherwise specified on this after. Upermission is given m Imlay freight and charge sepamroly, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Whom manufacturers have distributing points in various pare of the country, shipment is expected from the nearest distribution point to destination, and recess freight will M deducted from Invoice when shipments am made from greater distance. 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 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 Fan Collins harmless from and against all liability and lass incurred by theta by reason of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, time fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits accordance to the to. and conditions staral herein act forth and any supplementary or additional terms and conditions a=exed hereto or incorporated herein by reference. Any additional or di@rent mrms and conditions proposed by cell,, are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENT immediately ifyou mtmot make complme shipmenuo arrive on your promised delivery dte as noted. Time is of the essence. Delivery and performance most M effected within the time sated on the purchase order arm the documents attached hereto. No acts of the Purchasers including, without limitation, arecep rocs oriental late deliveries, shall operate as a waiver ofthis Provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the urban of placing this Order elsewhere and holding the, Seller liable for damages. Hossavn, the Seller shall not be liable fr, damages as is result of delays due m on. not reasonably foreseeable which are beyond its reawabl, ansol and without ins fault of negligence, such acts mGod, acts mciGI Or military authorities, gm'emmmtal priorities, fires,,tribes, Door, epidemics, wars Or Heft provided them notice of den conditions mining such delay is given m the Purchaser within Eve (5) days of the time when the Seller first received knowledge thamf. In the event of my 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, articles, materials anal work covered by this Order will conform with applicable drawings, spnifications, samples nnNor after descriptions given, will be fit for the purymas intended, and performed with the highest degree of cart and complence in accordance with arrested mandN, for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or experme, which the Purchaser may super or incur on account of the Sellers breach of ismmnty. The Seller shall replace, repair ar make grind, without cost to the purchase, any defects or faults arising within one (1) year or within such longer pail of time as may ha prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not m be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goad by the Purchaser shall nut institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunde, shall extend m all Jum ,a, proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofporfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal terms by wmnen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the to—, Me, than legal temp, including aliri or delelionc from Me quantities originally ordered in the spies fications or drawings, by embal a wrinen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Pumhmer, may at any time by wrinm change ada, fnmiate this agreement ns to any or all brio= of the good then not shipped. subject to any equitable Wjmtmmt bnwern the parties as as any work ear materials then in progress provided thol the Purchase shall not be liable for any claims for anticipated profits on the uncompleted portion of the goads andbr work. for incidental or comagradml damages, and but no such ro ustmem be made in favor of the Sella with respect to any good which are the Sellers standard stock. No such tarniation shall relieve Me Purchaser or the Seller army of their obligations as m any good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for Mjmtmmt most he named within thirty (30) days from We date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants then all goods sold hereunder shall have been produced, sold, delivered and famished in snip compliance with all applicable laws and regulations to which the goads are subject, The Seller shall execute end deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncoRomted in agrmmems of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hammless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither prey shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior women consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide Ire the Pumhasn for Of equipment, ma[mals, and rums famished in performance of this agreement, free and clear of any and all liras, restrictions, reservations, security interest manclarsnees and claims of.thas. II. NONWAIVER. Failure of the Purchaser to imist arms stria performance of the terms and conditions hereof. failure or delay to any rights or mnWies provided herein or by law, failure m promptly notify the Seller in the out of a breach, the acceptance of or payment for good hereunder or appmsal ofthe design, shall not release the Seller of any of Me wamnties or obligatiom of this purchase order and shall not he deemed a waiver of any right of Me purchaser to insist upon sbict Mr. Fermfar any of its rights or rnnedics ns to any such goods, mpullec, of when shipped, received or accepted, m m any prior or subsequent default M1mundc,, nor shall any puryoned am[ modification or macissios of this Purchase order by the Prinhums, operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and de, Purchaser m agnrse Out in actual mossurnic practice, overcharges resulting from antitrust violations arc in fair, home by the Purehows. Theremfore far good muse and at consideration for executing this purchase order, the Seller hereby assigns W the Purchaser any and all emir., it may now have or hereafter acquired under federal or sure ammust laws for such overcharges relating in the Particular good or services purchased or acquired by the Purchaser pursuant to this purchase modest. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates lu mobility or unwillingness to comply, the Purchaser may cause the work to be performed by the coos, expeditious means available Or it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any =lure resulting From the performance of such work. This relmsc shall apply even in the event of fault of negligence of the party released and shall extend to the directors, nliicam and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, became such work is Performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is requital to use any design, device, material or process covered by labor, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from may and all claims for infHngement by reason of the tau of such patented design, device, marmal or p.. in commeaim with the condom, and shall indemnify the purchaser for any cost, experow or damage which it may be obliged to pay by reamn of such infringement at any time during the ptusecutio t or after the compleion of the work. In esse said equipment, or any pan thereof or the intended tau of the good. ¢ in such suit held to co ,time infringement rem the me of said equipment or pan is enjoined, the Seller shall, at its own expense and in its option, eiden procure for the Purchaser the right to continue using said areopment or pans, replan the some with substantially equal but noninfdnging equipment, or modify it so it becomes noNnGnging. 15. INSOLVENCY. If the Seller shall bccomc insobenl or handicaps, nuke as assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, Nis order may forthwith be canceled by the PmchoSn without liability. 16, GOVERNING LAW. The definitions of tomes and or the Intemmmion of the agreement and the rights i fall parties heeunder shall be continued ureter and invented by the laws ofthe State ofColnmdo, USA. The following Additional Conditiom apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Repreunutive(s), on the premises of others. I). SELLERS RESPONSIBILITY. The Seller shall canyon said work at Sellers own .,it it he same is fully completed and accepted, and shall, in x of any accident, destruction or injury to the work arVor materials before Sellers final completion and acceptance, complete the wark at Sellers 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 same at the site and become responsible therefor as though such materials mdbr equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, et his own expense, provide for the payment of workers compensation, including Occupational disease benefita, to its employees employed on ear m connection with the work covered by this purchase order, senor to their dependents in accordance with the laws of the state in which the work is t0 be done. The Seller shall also carry comprehensive general liability including, but not limited to, continental and automobile public liability imutance with bodily injury and radio limits of at least S30g000 for any one person, $500,000 for any one accident and property damage limit per accident of STDRD .The Sella shall likewise require his contractors. treaty, to provide for such mmpeamtim and ammonium. act= my of the Sel[= or his contractors employers shall do any work upon the premises of others, the Seller shall furnish the Purchaser wiN a certificate that such compensation and insurance have been provided. Such rectifiers shall malty the dare when such compemation and insurance have been porvidl Such certificates shall specify the date when such compensation and insurance exports. The Sella agrees that such compmnsaton and insurance shall be onotm ved ..it after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby aaumes the more respo sibilm, al liability fr, any sad all damage, loss or injury i fany kind or .,am whatsoever m persons Or property mused by or resulting from the execution of the .,it provided for th this purchase order or in connection herewith. The Sella will indemnify and hold harmless Once Purchaser and any r all of sh< Purcbnxms otlican, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to pasom or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on de pan of the Seller, any of his contractors, or any of the Sellers or omnstors officers, agents or employees. In rose any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on woman or by reason of any act, action, neglect, omission or default of the Seller of any of his amuse ors or any m its or their officers, agents or employees as aforesaid the Seller hereby agrees in assume the defense thereof and to defend the same at the Sellers own expense, m pay any and all costs, charges, attorneys fees and other expenses, any and all judgments Net may be incurred by or obtained against the Purchaser or any of its or their olEcers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon ear obtained against the property 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 discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards arcesmry 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 roles and regulations issued pursuant thereto. Revised 03f2010