HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTION SERVICES INC - PURCHASE ORDER - 9147457City of
Fort Collins
Date: 12/18/2014
PURCHASE ORDER
Vendor: 476108 Ship To:
INTERSTATES CONSTRUCTION SERVICES INC
2636 MIDPOINT DR
FORT COLLINS CO 80525
PO Number Page
9147457 1of2
This number must appear
on all invoices, packing
slips and labels.
OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 12/17/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Security Assessment
Provide all necessary labor
and materials to provide
electrical services per
the work agreement signed
on 12/10/14.
Contact: Ethan C.
jdrI� P14
l
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
26,000.00
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
I. COMMERCUILDEfAIIS.
Tax exemptions. By .,me the City of Fort Collins is exempt, fro to end local tax.. O,m Exemption Number is
98-0 502. Federal Excise Tax Exemption Cerlifiwk of Registry 84-6000587 is registered with the Collator of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sources 1973, Chapter 39-26, 114 (a).
Grad Rejectol. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in permit, may be reamed to you for man and are not to No replaced except upon receipt of worm
instructions farm hie City offon Collins.
Inspection. GOODS are subject to the City of Fort Call ins inspction on em cal.
Final Acceptance. Receipt of We merchandise, services or equipment in raponse to this order can result in
suthorized payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon ex mpletiw of all applicable required inspection procedures.
Freight Terms. Shipments now, be FON, City of Fan Collins, 900 Wood Sr, Fan Collins, CO 80522, unless
otherwise specified oa this order. Wpennissian is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be ccrptrd.
Shipment Distance. Where manufacturers give distributing paints in son us puts of the country, shipment is
expecred from the nmrest distribution point m destination, and excess freight will be dedumed farm Invoice when
shipments are made fmm greater distance.
Permits. Seller shall private at sellers sale cost sell necessary permits, certificates vad licences required by all
applicable laws, regulations, ardimners ma roles of the state, municipality, territory or political subdivision where
the work is performed, or colonel by any other duly comtitured public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss
anurred by ahem by reason of an assured Or established violation of any such laws, regulations, ardimnces, talcs
d ox,no mints.
Aut onom of s, All pries to this commer agar that the representatives are, in but, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary, or additional terms and condition, annexed hereto or incorporated herein by
reference Any additional or different erms and conditions purposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT mmediately if you cannot make complete shipment to ounce on your
promised delivery dre as noted. Time is ofthe essence. Delivery and perfmmaa<e must be effected within the time
stated on the purchase order and the documents atexched hereto. No acts of the Purchasers including, without
limitation, acceptance oflmnial late deliveries, shall operate as a waiver of firs provision. In the event of any delay,
are Purchaser shall have, in addition to odic, legal it equitable mnedla, lire up,.. of placing this offer elsewhere
four holding the Seiler liable for damages. However, the Seller shall not M liable for damages as a molt of delays
due to causes not assembly foreseeable which are beyond its mable control and without its fault ofnegligmer,
such acts of God, sets of civil or military, authorities invocational priorries, 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 she Seller first received knowledge leant In the event of my such delay, the date of delivery shall be
attendW for the pmoul equal to Use, lime actually f, by reason argue delay,
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable
drawings, specifimtio., samples a.&., other descriptions given, will be, fit for the purposes intended, and
performed with the highest degree of eve and compo enre in accordance with accepted stand rd for work of a
similar mare. The Seller agrees to hold the purchaser harmless from any loan damage for expense which hie
Purchaser may cutter or i,em on account afthe Sellers breach ofwamanty. The Seller shall replace repair or make
good, without cost to the purcgisel, any defects for faults arising within one (I) year or within such longer prod of
time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller uget the date of
acceptance of the goods fumithed hereunder (acceptance not to be, unaccountably delayed), resulting from imperfect
or defective work done or marmots famished by file Seller. Acceptance or use of good by the Forbearer shall not
constitute a waiver of my claim under this comment, Except as agencies, provided in this purchase major, the Sellers
liability hereunder shall extend Ira all damagex proximarly caused by the bleach of any of the foregoing wmmcurs
for guarantees, but such liability shall in no eyed include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Puchaer may make dungy to legal frow, by written change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make any changes la the teens, .,her Man legal fears. including uddioonat to or dderinnc from
the quantities Originally ordered in the sp vificatiout or drawings, by verbal or written change order. If any such
change effects the amount are or de, time ofperfarmmae hereunder, so countable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any ,ire by written change order, mminatr this agreement a to any or all pa rmis of the
goads then not shipped, subject to any Notable adjustment between the parties as to any work or materials Men in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the good enNor work, for incidmml or come, ersfied damages, card Mar no such adjustment be nude in
favor of the Seller with respect to my good which are tle Sellers stonda stock. No such emimtion shall relieve
the Purchaser or the Seller of any oftheir obligations in to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjnstmml most be sssened within thins (30) days from the doe the change or mmination Is
ardecd.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in Mae,
compliance with all applicable laws aur regulations m which the goods are subject. The Seller shall execute and
deliver such documents as maybe required as effect or evidence compliance. All laws and regulations equired m be
incorporated in ignoramus of tuffs character ere hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Professor hamlea Our all costs and damages suffered by the Pumbaser as a result of hie
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, Insurer, or convey Was order, or my monies due or to become due hereunder without the
prior wrinco consent ofthe other pay.
10. TITLE.
The Seller warrants; full, char and containment title to the Purchaser for all equipment r,mmuch. and items famished
in performance of this agexprom, free and clear of my and all lie., restrictions, reservations, security intern,
eneumbrenca and claims off tiers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
excruse any rights or munches provided heroin or by law, failure m promptly notify the Seller in the event of a
breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release We Seller of
any of the warranties or obligations of this purchase order and shall not be doomed a waiver of any right of the
purchaser to insist upon strict performance hereof or my of its rights or remedies as to any such good, councillors
of when shipped, nexived or accepted, as many prior or subsequent default hereaoder, tar shall my purparted
oral modifest or rescission of this purchase miler by We Purchaser opemre as a waiver of any of the to.
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchase mognize, that in steal economic practice, overcharges resulting from antitrust
violations are in fact from by the Purchase. Thererofem, for good care and as consideration for esount, this
purchase order, the Seller hereby assignis to the Purchase any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges johning to the particular goods or services
purchased or acquired by the Purchaer pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifact Purchaser direers the Seller to coact nonconforming or defective good by it date m be agrted upon by the
Purchaser end the Seller, ad the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cans the work to be porfomsed by the most expeditious means available to it, and the Seller shall pay all
cents associated with such work.
The Seller shall release are Purchase and its contractors of my tier fmm ell liability and claims of any ru,am
resulting from the performance of such work.
'Phis release shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, omcers and employees of such party.
The Sellers conmermal obligations, including wmrmay, shall not be deemed to be reduced, in any way, because
such work is performed for caused to Ix performed by the Pucbaser.
14. PATENTS.
Whenever the Seller is requited to use any design. device, material or process covered by letter, patent, tende eak
or copyright, the Seller shall indemnify and save harmless hie Purchaser from any and all claims for infringement
by reason of the use of such patmred design, deviev, material or proceu in connection with the contract card
shall indemnify the Purchase for any eosL expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said ryuipment, or
any part thereof or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipmml or part is enjoined, the Seller shall, at its own expense and at its option, either practice for the
Purchase the eight m continue .cog said equipment or pans, replace the vane with substantially tyval but
...irritation, equipment, or modify it so it beaters nuninfringi,.
15. INSOLVENCY.
If the Seller shall become insolvent or bard mpt, make an assignment for the benefit of credimrs, appoint a
receiver or ounce for my of rate Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
I6. GOVERNING LAW.
The definitions oftenns used or the imeryretation of the agreement and the rights ofall parries hereunder shall be
consumed under and governed by the laws of the Stare of Colorado, USA.
The following AdditimW Conditions apply only in cases where the Seller is in perform work Remainder,
including the senica of Sellers Rsprowma ive(s), on hie prtmisn ofollers.
17. SELLERS RESPONSIBILITY,
The Seller shall cant' on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in use of my accident, destruction or n m,r m the work m,Nor materials before Sellers foul completion end
cceptarrce, complete the work at Sellers own expense and to the satisfaction of the Pumb aer. When materials
sand rya m., arc famished by others for instillation or erection by the Seller, the Seller shall receive, afford,
store and handle same at hie site aur become responsible therefor as though such materials andror ryuipmrnt
were being famished by the Seller trader the color.
18. INSURANCE.
The Seller shall, at his own expense. Provide for the paymrml of workers compensation, including ocoupati mal
disease bmefts, to its employees employed on or in connection with the work covered by this purchase code,
motor m their dependents in accordance with the laws of the state in which the work is to be done. The Sellor
shall arm carry comprehensive yvocral liability including, but an harbor m, codremual and umna.bile public
liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for my
one accident and property dmage limit per accident of S400,000. The Seller shall likewise requim his
concessions, ifmy, to provide for such compensation and insurance. Before my of the Sellers in his contractors
employees shall do any work upon the premises of others. the Seller shall fumlsh are Purchaser with a catificam
that such compensation and iusumnee have been provided. Such cettifcada shall specify the date when such
compensation and insurance have been provided Such for ificates shall specify the date when such compensation
nd insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
.of work is completed oral sommuL
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind
or nature whatsoever to persons for property caused by or resulting from the execution ofthe work provided for in
this pu terse order for in connection herewith. The Seller will indemnify our hold hapless the Pumhaset and my
r all of the Purchasers officers, agents and employees farm and against my vast all claims, losses, damage,
charges m expenses, whether differ or calumet. mad whether to persons ar property m which the Purchaser may
be put or subject by reason of my act action, neglect, omission or default on she pan of the Seller, my of his
contractors, for any of the Sellers or contractors ofhcers, agents or employees. In case any suit or other
proceedings shall he brought against the Purchaser, or its officers, agents or employees at my 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 employees as aforesaid, the Seller hereby agora a assume the def thereof and in
defend the same el the Sellers own expemr, to pay my and ell costs, charges, aseneys fees and other expenses,
any and all judgment that may be incurred by for obtained against hie Purcham or any of its of their oRcers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of fie Purchaser, or said permits in or as a result of mch suits or other proceedings,
the Seller will m once cause the same as he dissolved and dischal by giving bond or otMwise. The Sell. and
his contractors shall take all safety prevmtiom. famish and instill all guard necessary for the prevention of
accidents, comply with all laws and regulations with segos to safety including, but without limitation, the
Occupational Safety and Health Act of 1990 and all roles and regulations issued pursuant thereto.
Revised 07n014