HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9147197PO
PURCHASE ORDER 914719er Page
C1171 of PURCHASE
47197 t of z
`t Collins( This number must packing
` V ` J on all invoices, packing
sli s and labels.
Date: 12/08/2014
Vendor: 476108
INTERSTATES CONSTRUCTION SERVICES INC
2636 MIDPOINT DR
FORT COLLINS CO 80525
Ship To: RECREATION DIVISION
CITY OF FORT COLLINS
215 N MASON
FORT COLLINS CO 80521
Delivery Date: 12/05/2014 Buyer: DOUG CLAPP
Note: ref. annual contract # 7337
Line Description Quantity UOM Unit Price Extended
Ordered Price
I lighting repair at the Farm
reference quote dated 11/25
Contact: Jerod Cordell / 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.com
1 LOT LS
3,455.00
Total
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. COMMERCDM.DEfAILS.
Tax exemptions. By sbtub the City of Fan Collins is may, from some and load taxes. Our Exemption Numha a
9"502. Federal Excise Tax Exemption Certificat of Registry P-6000587 is registered with the Collector of
internal Revenue, Dormer, Colorado (Ref. Colorado Revised Su mma 1973, Chapter 39-26. 114 (a).
Goods Rejected GOODS REJECTED due to failure to meet apecifiwtions, either when shipped or due to defects of
damage in not may be rammed to you for modit and are not to be replaced except upon receipt of writhe
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on anival.
Final Acceptance. Receipt of the merchandise, seraim, or equipment in response to this order can result in
authorized payment on the pan of the City of Fan Collins. However, it u to be understood Nat FINAL
ACCEPTANCE is dependent upon completion of all applicable mired inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 200 Wood St., Fort Collins, CO 80522, unless
otherwise specified on this order. Upmnissim is given to prepay freight and charge separately, the original freight
bill must accustoms invoice. Additional chorea for packing will fast ho accented.
Shipment Distance. Where manufactuters have distridning points in various pans of the country, shipment is
apened tom the nearest distribution point to deatinolim, and excess freight will be Mal from Invoice who.
shipments are made from greater distance.
Pesmits. Sella shall procure at sellers if now all nttessary permits, emificates and licenses requited by all
applicable laws, u,slatimts, ordinances and tales of to sbm, municipality, territory or political subdivision whore
Me work is pad rmed, or required by any other duly constituted public authority havingjurodiction over the work
of vend.,. Seller former agrees to hold the City of Fort Collins imdess from mad against all liability and loss
mammal by them by reason of as mmned Or established violation of any such laws, regulations, ordinances, miles
and requirements.
Aumonsation. All Ponies to this comma agree that the orpresentativo are, in fact, hour fide and possess full and
complde authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the arms and conditions stated
herein set Jamb and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different terms and conditions proposed by sells are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASMG AGENT immedimdy if you canna make complete shipment to arrive an your
promised delivery dart as noted Time is of the fissure. Delivery and performance must be eficded within the time
starel oa the pprobay, other and the docuknals attached herein. No acts Of the Purchasers including, without
limitation, accomina of partial late deliveries, shall cosmic as a waiver of this provision. In tho event of any delay,
Me Purohasa shall have, in addition to other legal and scribble remedies, toe option ofplacing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable for dmrmgm m a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
,.If ads of God, ,is of civil or or lirary authorities, 6ovemmental priorities, fires, strikes, Bold, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to me Purchaser within fro (5) days of the
tin¢ when the Seller first received knowledge comfor. In the event of any such delay, the date of delivery small be
extended for the period equal an Mon. actually lost by taro. Orrin, delay.
3. WARRANTY.
The Seller warrants that all goods, articles, nbterials and work covered by this order will conform with applicable
drawings, specifiwtione, samples and/or other descriptions given, will be Lot for the purpose intended, and
performed with the highest degree of care and compatu ce in accordance with accepted standards for work of a
similar namre. The Seller agrees to hold the puorhaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur em account of the Sellers breach of wananty. no Seller shall replace, repair or make
good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as may be pre eri ed by law or by the terms of my applicable warranty provided by the Sella after the dto of
acceptance of the read fumished hereunder (acceptance and m he unreasonably delayed), resulting from imperfect
or defective work done or nationals fumahed by the Seller. Acceptance or use or good by Be Purchaser shall not
o otio ss, a waiver of any claim under Ba's wamsnty. Except as otherwise provided in this purchase con, the Sellers
liability hereunder shall extend to all damages proximmely caused by the breach of any of the foregoing warranties
Or guarantees, but such liability shall in no event include fuss ofpmrts 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 Is wrnern change Order.
S. CHANGES IN COMMERCIAL TERMS.
no Purchssn may make any changes 1u the remits, Other than legal term, including additions to or deletions from
the quamiva originally ordered in the specifications or drawings, by verbal or women change order. If any such
change affects the amount due or the time ofperfrmrame hereunder, an equitable adjustmem stall be made.
6. TERMINATIONS,
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
pro,mw Provided Out the Prob ^ shall not to, liable for any claims for anticipated profits on the uncompleted
Portion of the good ardor work, for incidental or consequential damages, and tat no such n Beam rat be, made in
favor of the Seller with respect m any good which ate the Sellers Bandao sack. No such tominrim shall relieve
the Purchaser or the Seller of any oftheir obligations as to any good delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mod the assorted within thin, (30) days from the &to the chants, or IenNn -- is
ordered.
8. COMPLIANCE WIT H LA W.
The Sella warrant tat all good sold hereunder shall have been produced, sold, delivered and fumishcd in stud
compliance with all a,liable Laws and regulations to which the goods art subject. The Seller shall execute and
deliver such docttnenrs as Trey be required to offoa or evidence co ddane. All laws and regulations rational 1. be
incorporated in agreements of Its character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party, shall auign, transfer, or convey Nis order, or any monies due or m become due he founder widmut the
Poor women consent of the other ready.
10. TITLE.
The Seller wartanss full, clear and umestiined Lisle in the Purchaser for all apartment, materials, and it. fumahed
in performance of this agreement f and clear of any and OR liens, resoidiom, reservations, security interest
ancumbmncem and claims fractions.
11. NONWAIVER.
Failure of the Purchaser to insist upon minor pert som of the terms and rrmhr ns hereof, failure or delay an
exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller N the event of a
breach the acceptance ofor paymanl for goods hereunder or approval of the design, shall not ®lease the Seller of
any of the warranties or obligations of this purchase order and shall nor be, deemed a waiver of any right of the
purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless
of what shipped, ormived or accepted, as to any prior or subsequent default hereunder, nor shall any purported
said moth Location of reufrom of Nis purchase coke by the Purcbasa operate as a waiver of any of the to.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser receptive Nat in scoot ecowmic practice, overcharges resulting from antitrust
violations are in fact hours, by to Pumhuer. Theretofore, for good wux and as cormide ration for executing this
purchase order, the Seller hereby assigns to the Pumhasn any and all claims it may new have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods ar services
purchased or acquired by the Purchaser parsuanuo this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to coned nonwnfrmring or defective goods by a date to be agreed upon by the
Pmchaser and the Sella, and the Seller thereafter indicates its inability a unwillingness to comply, the Purchaser
may cause the work to be performed by the must expoditiuus means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall mi. Of Emchuer and its covtmem. of any tin form all liability and Claims of any more
resulting from the performance afsuch work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch pmry.
The Seller. command obligame , including watmnty, shall .1 be deemed 1. be reduced, in any way, because
such work is performed or caused to to performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use any design, device, material or process covered by lane, patent, trademark
or copyright, the Sella shall indemnify and save hmmless the Pmchaur from any and all claims for imfria,manar
by teas. of the use of such pmartai design, device, material m process in connection with the comma, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or offer the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or part u enjoined, toe Seller shall, at its own expeme and at its option, either possum for the
Practicer the right to exminue using said equipment or parts, replace roe same with substantially equal but
nouns funging apartment, or modify it sec it becomes munitioning.
15. INSOLVENCY.
If the Seller shall become insolvent or baukrup, make an assignment for the benefit of creditors, appoint a
or trustee for any of the Sellers property or business, Nis color may faMwith Ix ranrelM by the
Poorhouse, without liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation Of the agreement and the rights ofall parties hereunder shall be
oosmred under and ovented by the laws Ofthe State afC.ImaxJ,, USA.
The following Additional Conditions apply only in cans where the Sella is m perform work aremrda,
including the scavices of Sellers Represatblive(s), on the premaes ofa em.
IT SELLERS RESPONSIBILITY.
The Seller shall any on said work at Sellds own nsk until the same is fully completed and accepted, and shall,
N tale of any accident, destruction or injury m the work paper mmenals before Seller's final completion and
acceptance, complete to wosk a Seller's own expeme and in the satisfaction of Me Pembasn. When rwterids
and equipment me famished by others far 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 nationals and/or equipment
were being furnished by the Seller under the order.
19. INSURANCE.
The Sella shall, at his own expense, provide Lou toe paymont of workers compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work coomeal by this purchase order,
and/or m their dependents in accordance with the laws of the state in which the work is to be done. no Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability imuranoe with bodily wjury and death limits arm Isast $3gB,Bpo far any one poison, Sion," fa coy
eaccident and ppmy damage limit per accident of S400,000. The Sella shall likewise acquire his
caorom
ima.., irany, m provide for each compensation and insurance. Before any of toe Senors or his roamwwr,
employees shall do any work upon the premises aromas, the Seller shall famish the Purchaser with a cautious,
Nat such compensation and insurance have been provided Such cenilicmes shall specify the date when such
ompemmion and Insurance have been provided Such cenifiatn shall specify to date what such compensation
and fromamo expires. The, Sella agrees Out such compemation and insurance shall be mammal until after the
entire work is compldW and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby asmmes the entire responsibility and liability for any and all damage, loss or injury of any kind
or mum wan«ver to porsom or pmpeady caused by or resulting from the execution ofthe work provided for in
this purchase under or in connection herewida-The Seller will indemnify and hold Fund. the Purchaser and any
r all of the Purchasers officers, agents and employees from and agaimt any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property, to which the Purchaser may
be put or subject by ream. of any act, action, neglect, omission or default on the pats fifths Seller, any of his
ontractors, or any Of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against rat Pumhasn, or to oltcen, agents or employees at any now on account or
by mason of any act, action, mglal, omission or default of the Sella Of any of his contractors or any of its or
their officers, agents or employes as aforesaid, the Seller hereby agree to assume the dot. thereof and to
defend the tame at the Sellers own expense, to pay any and ill exam, charges, abomeys fees and other expenses,
any and all judgments that may be incurred by or .bbimal against the Purchases or any of its or their officers,
agents or employees in such suits of other proceedings, and in case judgment or other lien b, placed upon or
obsai d apimt the properly, of the Purchase. or said Tomia in or as a result of such suits of other I.oceedwgs,
Me Sella will at one, muse the same to be dissolved and discharged by giving hood or othawise. The Sella and
his controam shall take all safety precautions, famish and iralall all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
O.,Ii..l Safety and Houlth Act of 1970 and all tales and regulation issued pursuant thereto.
Revised (DER 14