HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9147128Fort Collins
Date: 12/04/2014
PURCHASE ORDER
Vendor: 476108 Ship To:
INTERSTATES CONSTRUCTION SERVICES INC
2636 MIDPOINT DR
FORT COLLINS CO 80525
PO Number Page
9147128 1012
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: 12/04/2014 Buyer: DOUG CLAPP
Note: ref. annual contract # 7337
Line Description Quantity UOM Unit Price Extended
Ordered Price
EPIC 1 LOT LS 1,550.00
Arc -Flash study on equipment.
reference Quote # 20-14-249-2
per Josh Barber
Contact: Bryan Garrett
ph# 970-566-7046
2 EPIC - Balance for 1 LOT LS 9,000.00
Arc -Flash study on equipment.
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 $10,550.00
Pay terms net 30 days
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. COMMERCIALDETAILS.
Tax exemptions. By samm the City of Fort Collins is exempt from stale and local moms. Our Exemption Number 0
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Coif r, of Registry 84-6000587 is registered with the Collector of
Failure afoot Pumhmer to insist upon strict performance of the terms and continuous hereof, failure or delay m
Intemd Revenue, Deaver, Colorado (Ref. Colorado Reviud Statutes 1973. Chapter 39-26, 114 (a),
exercise any rights or remNia provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptonce of or payment for good hereorder or approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due m defects of
any of the warrants or obligations of this purchase order and shall not be deemed a waiver of any right of the
damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written
purchaser an insist upon strict performance hereof or any of its rights or remedies as to any such good, ragardlass
inswctims from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default herewder, nor shall any puryorted
anal modification or racission or this purchase order by the Purchaser operate as a waiver of my of the toms;
Inspection. GOODS are subject to the City of Fort Collins inspection on social,
hereof.
Final Acceptance. Receipt of the merchmdix, services or occupational in mposse to this order can result in II. ASSIGNMENT OF ANTITRUST CLAIMS.
authorimd payment on the put of the City of Fort Collins. However, it is to be, undnstod chat FINAL Sella and the Purchaser reeognbe that in aerial armanceir prdeticc oververi resulting from mtimu;t
ACCEPTANCE is dependent upon completion orall applicable rumored inspection procedures. violations are w fact home by the Purchaser. Theretofore, for good come and as consideration for executing this
purchase order, the Seller hereby assigns to the Produce my and all claims it may now have or hostile,
Freight Terms. Shipments mml be F.O.B., Cry of Fort Collins, 700 Wood Sr. Fact Gallic, CO 80513, unless inquired under federal or state antitrmr laws for such overcharges calming to the panicular goods or services
othcmise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant m this pumhau order.
bill most common, invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing point, in various pans of the card,shipment is If the Purchaser directs the Seller to concert nonconforming or defective goods by a& is to be spread upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Sal let, and the Seller thereafter indicates its inability or unwill holiness to comply, the Purchaser
shipments are made fiom greener distance. may cause the work to be performed by the most expeditious means available an it, and the Seiler shall pay al I
cams associated with such work.
Permits. Seller shall prance at sellers sale cost all necessary pmnits, cettifcala and licenses rryuird by all
applicable laws, regulation, malinanaes and nales of the stain, municipality, amimry or pnlifcal subdivision where
the work is performed, or retained by any other duly constituted public authority having jurisdiction over the work
of veador. Seller fresher, agrees m hold the City of Fact Collins harmless from and again, all liability and loss
incurred by them by reason of an assured or established violation of my such laws, regulation,, ordinances, rules
mdiequirements.
Authorimtion. All parties to this contract agree that the represenmtives ate, in fact bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptmce to the terms and conditions stated
herein set forth said my supplementary or additional mms and conditions annexed hereto or incomomted herein by
reference. Any additional or diRerem teem and conditions proposed by seller are objected to and hereby rejected.
3. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your
promised delivery date as noted. Time is of the csscnce. Delivery and performance mna be effected within the time
sorted on the purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, arcepmnce effectual late delicacies, shall opena¢ as a waiver of this provision. in the event ofany delay,
the Purchaser shall have, in addition m other le& 1 and egmarble remedies, the option of placing this order elsewhere
and holding the Seller liable for damages. Hanover, the Seller shall not he liable for damages as a fault of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence,
such acts of God, acts of civil or military authorities, governmental priomiea fires, strikes, Boost, epidemics, warrant
riots provided Nat 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 thereof in the event of any such delay, the one Of delivery shall be,
extended for the period equal to the time actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, mamords and work covered by this order will conform with applicable
dmwings, specifreadom, samples and/or other description, given, will b, fit for the purposes intended, and
perfomd with she highest degree of ame and competence in accordance with accepted standards for work of a
similar mature. The Seller mraa to hold the purchaser bamlaa from my lass, damage or experau, which the
Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Sella shall replete, repair in make
good, without cast to the purchaser, my defects or faults arising within one (1) year or within such longer period of
time n may be presoribd by law or by the terms fany applicable womanly provided by the Seller after me data of
accepmnce of fire goods f ishd hereunder (acceptance not to be ummmmbly delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
onstimte a waiver of any claim under this wamnry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnlies
or guarantees, but Such liability shall in no event include loss ofprofits or loss of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FU NLSS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal teen by writers change order.
5. CHANGES IN COMMERCIAL, TERMS.
The Purehser may make any changes to the toms, other Jan legal tame, including additions to or delmon from
the quantities originally ordered in the specifications or drawings, by verbal or wrinea change order. If my such
change artccts the ...or due or the time of perfomance hereunder, an egaica le adlmtment shall la, a&.
6. TERMINATIONS.
The Purchaser may at my time by written change order, terminate this agreement as to any of all portions of the
goods then not shipped, subject to any eqm uble WIjeconent between the parties as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for incidental or con,equential damages and that an such adjustment be made in
Liver of the Seller with respect to any goods which are the Sellers standard slack. No such nomination shall relieve
the Purchaser or the Seller of my of their obligation, n, m my goods delivered hertuMer.
T. CLAIMS FOR ADJUSTMENT.
Any claim for edjn,went most be assumed within thirty (30) d}s from the dine the chmge or termination is
ordcrod.
S. COMPLIANCE WITH LAW.
The Shcef warrants that all good to hereunder shall have been produced, sold, delivered and fished in strict
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and
deliver such documents as may he 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 Purchaser hamless from all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, manfer, or convey this coke, m my movies clue at m become due hereunder without the
prior wnnm corsmt ofhe other party.
I(L TITLE
The Seller warms; full, clear and ummvricted title to $e Ruchaser for all equipment, materials, and it. famished
in performance of on, agreement, fro and clan of my and rill tiers, resections, reservation,, security interest
encumbrances and claims of others.
The Seller shall release the cr mJ its conmactors of my sin from ell liability and claims of any nawm
resulting from the performance
ce attach or
This release shall apply even in the even, of fault of re,ligeme of the party released and shall earned to the
dimmers, dicers and employees fsuch parry.
The Seller's contractual obligations, including wancmty, shall not be diamond to be reduced, in any way, because
such work u performed or soused to be performed by the Puadvour.
14. PATENTS.
Who.. the Seller is required muse any design, device, material or process covered by letter, patent, trademark
or copyngld, the Seller shall indemnify and save harmless 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 contract, and
shall indemnify the Purchaser for my cost, expene or damage which it may be obliged to pay by reason of such
infringement at my time during the Immersion or after the completion of the work. In case said equipment or
any pan thereof or $e imanded use of the goods, is in such it held to constim a infn,annent ask the use of
said ryuipment or part is enjoined, the Seller shall, m its own aspen, and at its option, either prover, for thc
Purchaser the right to continue using said equipment or parts, replace the some with substantially optical but
rounfin,ing equipment, or modify it so it becomes mnmfdnging.
15. INSOLVENCY.
If the Seller shall become insolvent or baNwpt make an assignment far the benefit of aredimrs, appoint a
receiver or master, for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation room agreement and the rights of all parties hereunder shall be
committed under and governed by the laws ofthe Sane ofColomdo, USA.
The following Additional Condition apply only as awes where the Sella is to whater work herewder,
including the servica of Sellers Represencomet D), on the premise f.don,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said wink at Sellers own risk until the some is fully completed and accepted, and shall,
in case of any accidenk destruction or injury a the work mNor not before Sellers fund completion and
acceptance, complete me work at Seller's own expense and m the mlisfavion of the Purchaser. When moteviads
and equipment are famished by others for imtallation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor as though such mammals and/or equipment
were being furnished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expene, provide for the payment of workers compensation, including «cupationl
duease beneftrs, to its employees employed on or in connection wola the work covered by this purchase order,
and/or to their dependents in accodmce, with the laws of the state in which the work is m be done. The Seller
stall alas carry romprelsomive General liability including, but not limited to, contractual and mtomabile public
liability commerce with bodily injury and death limits of at lest 5300,000 fro my One Feet S500,00U0 for any
one accident and property damage limit per accident of 5400,00). The Seller shall likewise require his
contractors, H my, to provide for such compensation and inumme. Before any office Sellers or his contrmmrs
employees shall do my work upon the promises 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 pmvid,6. Such eertifiwtes shall specify the date when such compensation
and insurance expires. The Seller ugreca that such compensation and insurance shall be maintained until i fr the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the more responibiliry and liability far any and all damage, loss or injury ofany kind
or nature whomsoever to prison or pmperry caused by or resulting from the execution of the work provided for or
this punchers, order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my
m all of the Purchasers oRcen, agents and employees from and against any and all claims, lasso, damages,
changes or expenses, whether direct or indoor, and whether to person or property m which the Purchaser may
be put or subject by ¢awn of my cal action, neglect. omission or default w Jac part of the Seller, any of his
contactors, or my of the Sellers or comments officers, agents or mployas. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees in any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or cmplOym as aforesaid, the SCIICr hereby agrees to nsume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys 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 eau judgment or other lim be placed upon or
obmmed against rate properly of the Purchaser, or said parties in or as a moult of sash suits or other proceedings,
the Sella will at once cause the same in be dissohed and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precaution, f ch and intall all guard mormary for the prevention of
accidents, comply with all laws and «gulations with regard to safety inaml but without limitation, the
Ocmpational Safety aM Health Act of 1970 and all odes and regulation iasud purmmt therein.
Revised 07a(U4