HomeMy WebLinkAbout476108 INTERSTATES CONSTRUCTIN SERVICES INC - PURCHASE ORDER - 9150234Fort Collins
Date: 01/13/2015
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PURCHASE ORDER
INTERSTATES CONSTRUCTION SERVICES INC
2636 MIDPOINT DR
FORT COLLINS CO 80525
PO Number Page
9150234 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket Order 1 LOT LS 25,000.00
Misc. - Electrical
to cover the cost of miscellaneous electrical work for
fiscal year 2015 per Bid #7337. All services shall be
ordered by City Facilities department only.
All completed services must be accompanied by an
invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
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@fogov.00m
Total $25,000.00
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIALDHTAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and [mat inxes. Our Exemption Number is
I I. NONWAIVER.
98-04501. Federal Excise Tax Exemption Cmificam of Registry 84-6000587 is regiuetN with the Collector of
Failure of the Purchaef m most upon shirt performance of Ne terms and conditions hereof. failure or delay Or
Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Smmres 1973, Chapter 3946, 114 (a).
exe¢ise any rights or remedies provided herein or by law, (mime at promptly notify the Seller in the event of a
breach, the acceptance arum payment for goads Encomia or approval offle design, shall Out release the Seller of
Goods Rejcaed. GOODS REJECTED due to failure m meet specifications, eider when shipped or due to defects of
any of the wi ramin in obligations of this prominent order and shall not be deemed a waiver of any right of th<
damage in "wit, may be mounted to you for credit and are Out to be replaced except upon receipt of writen
purchaser to insist upon omen pandemonium, hoomfor city of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of whm shipped, received or accepted, as to any prior or sul ux rat default hereunder, nor small my purpamed
mat modification or rescission of this purchase order by the Purchaser operate res a waiver of my of the terms
Inspection. GOODS arc subject to hie City of Fun Collins imitation on monad.
harm(.
Final Acceptaxot Raeipt of the merchandise, services or equipment in response to this order an math in
13. ASSIGNMENT OF ANTITRUST CLAIMS.
announced payment an the pan of the City of Fon Collins. However, it is to be mdersrond thin FINAL
Sella and the Purchaser raagirse that is actual a O is practice, over lifiI resulting fmm antitrust
ACCEPTANCE is dependent upon completion of all applicable rryuired igpatim procedares.
violatioases ns arc in fact home by the Perimeter. Thertmfore,for good a. and as consideration far exemring this
prechase order, rho Seller hereby assigns to the purchaser my and all claims it my now have or hereafter
Freight To.. Shipments On be F.O.B., City of Fan Collins, 700 Wood St-, Fort Collins. CO $0523, unless
sto,thed under federal or state antitrust laws for such overcharges relating to the preticular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by hie Pmebaser pursuant to this purchase order.
bill must accompany invoice. Additional charges fen Packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have dininvoing points in various pans of the country. shipment is
If the Purchaser directs the Seller to comma nonconforming or defective goods by a&te to la, agreed upon by toe
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
Purolator and the Seller, and the Seller then -fir indicates its inability or unwillingness to comply, the Purchaser
shipments are made (rum greater distance.
may ausc the work to be performed by the moor expeditious memo available to it, and the Seller shall pay all
costs usrociated with such work.
Pemrits. Seller shall procure at sellers sole cost all necessary permis, certificates and licenses inquired by all
applicable laws, regulating, ordinance and mles of the state, municipality, territory or political subdivision where
The Seller shall release the Purchaser and its contractors of any ran from all liability and claims of any nature
the work is performed ,orrmuired by my other duly constituted public authority having jurisdiction over the work
resulting from the performance ofsuch work.
of vendor. Seller further agrees to hold the City of Too Collins hanot from and against all liability and loss
incurred by them by reason of as osened or established violation of any such laws, regulations, ordinances, miss
This Tedrow shall apply even in the event of fault of negligence of the parry released and shall extend to the
and requirements.
directors, .1 icers and employees crouch parry.
Authorization. All parties to this contract agree that he reproomemives are, in fact, bum fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits aamtmce to the tames and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
refractive. Any additional or different erms and conditions proposed by seller ere objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately try. cantos make complete shipment Ir arrive m your
promised delivery date as acted. Time is oldie assess. Delivery and performance most the effected within the time
stated on the puml,sse order and the dexam ents watched herein. No acts of the Purchaess including, without
limitation, accepmnm trinomial late deliveries, shall opaom as a waiver of this provision. In the event of any delay,
the Pmchuer shall have, in addition to other legal and cquiable remedies, the option of pacing this order elsewhere
and holding the Sella liable for damages, however, hie Seller shot rat be liable for damages as a result of delay
due to causes rut reasonably fresaable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military "theories, gmcmmmal priondes, fires, strikes, flood, spidemirs, wars or
data pmvided that notice of the conditions causing such delay is ghca to the Pumhma within five (5) days of the
time when the Sella fast reveived knowledge therm( In she event of my such delay, hie date of delivery shall be
extended for the period ergot to the time acaally lon by reason office delay.
3. WARRANTY.
The Seller warrants Nat all goods, articles, nationals and work covered by this order will conform with applicable
drawings, specifalims. samples and/or other, downptiao give% will be Fit for the purposes intended, and
performed with the highest degree of cart and competence in accordance with accepted standard for work of a
similar mere. The Sella agrees It hold the purchaser b omins from any loss, damage or expense which the
Purchaer may sulfa or incur on account cribs Sellers breach of warranty. The Sella shall replace, repair or make
good, without cast to the pumha5er, any defects or foul¢ arising within one (1) your or within such longer period of
time u may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder bamepmce not to be um oracrably delayed), resulting from imperfect
or defective work done Or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
continue a waiver of any claim under this warranty. 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 warranties
or guarantees, but such liability shall in no event 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 Purchaser may make changes ro legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchuer may make my changes to the temp, other than legal team, including additions in or deletions fmm
no quantities originally ordered in no specilcmiow car drawings, by verbal or wrinen change order. IF my such
change affects the amount due or the time of performance hereunder, an equitable adjusummt shall be made.
6. TERMINATIONS.
The Pu¢laser may at any lime by wdnrn change order temdmate this agreement as to my or all poOiog of Ne
good then root shipped, subject to my mailable Wjwtmmt between the parties ns m my work or materials then in
prognosis Provided Wl no Purchaser shall rat be liable for any claims for anticipated profits Or the uncompleted
Portion of the goods Oregon work, for incidental m cone rom al damages, and that oo such adjttumml be made in
favor a'foe Sella with respect to any good which as foe Sellers standard stock. No such terminsom shill relieve
the parchasm or the Sella of my oftbeir Obligations as to any goods delivered bereunda.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment .1 be asserted within thirty (30) days from Ne date the charge or team ififi on is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all good sold hereunder shall have ban produced sold, delivered and famished in strict
compliance with all applicable laws and regulations to which fe good me subject. The Seller shall execute and
deliver such document as may be raptured to effect or evidence compliance. All laws and regulations required to be
incorporated in agraman s of this 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 as a result of the
Sellers failure to 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 the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the purchaser for all carcinoma, materials, aed items famished
in paf arc of this agreement, free and clear of any and of lies, restrictions, reservations, security interest
encumbrances and claims Of oNCa.
The Seller's cumacmal obligations, including warranty, shall not be deemed to be reduced, in any way, became
such work is performed or caused in be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is rre ui al to use any design, device, material or process covered by letter, patch trademark
or copyright, the Seiler shall indemnify and save hornless the Purchases from my and all claims for infringement
by reaon of the use of such pointed design, device, rnatenal or process in correction with the contract, and
shall indemnify rise Purchaser for any cost, expense or damage which it may be obliged to Pay by mason fsuch
infringement in any time during the prosecution or after the completion of the work. In case said equipment, or
any pan therm' or the intended use of the good, is in such suit held to constitute infringement and the use of
said equipment or pm is enjoined, the Seller shall, at its own expense and at its option, eifa procure for the
punctuator rise right to continue using said aluipmrnt or pans, replace the same with substantially mml but
mrinfi nosingequipment, or modify it m it become mainfinging.
15. INSOLVENCY.
If the Seller sba0 become insolvent or madam. make an assignment for the benefit of madams. appoint e
receiver or home for my of no Sellers property or business, this order may forthwith be canceled by the
purchases without liability.
16. GOVERNING LAW.
The defnitiog ofrcrms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be,
consent under and gm ared by hie laws of the State of Colorado, USA.
The following Additional Conditions apply only in causes when the Seller is to Perform work haeunda,
including the services of Sellers Repreunmtive(s), on the premises ofafers.
❑. SELLERS RESPONSIBILITY.
The Sella shall carry on said work at Seller's own risk until the same is fully completed and mcepsed, and shall,
in case of any accident, destruction or injury to the work writer materials befog Seller's final completion and
scripture , complete the work at Seller's own expense and to the satisfaction of the Purchga. When materials
and equipment arc famished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become rapunible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease benefits, ro its employes employed oa of in convection with the work covered by Nis purchase order,
andror to their dependents in accordance with the laws of the slate in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but trot limited to, contorawl and automobile public
liability insurance with buddy injury and dean limits of at least S300,000 for any one paeon, S50O." for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise rmore his
contracors, if my. aa provide fen such compewtion and insurance. Before my of the Sellers or M1u contractors
employees shall do any weak upon the premises of others, the Sella shall fiunish fe purchase with a ratificare
that such compensation end mai mace have been pmnded. Such catifiares shall specify the dote what such
confirmation and insurance have been provided Such cemfiatex shall spaiyfe due when such compormation
stand insurance expires. The Sella agrees chat such compensation aM igurance shall be reatin imd mail after the
entire work is completed aM accepted.
19. PROTECTION AGAINST ACCIDEWS AND DAMAGES.
The Sella hereby assumes the entire respogibiliry and liability far any teal all damage, loss or injury of any kind
Or nature whatsava to Famous or propmy caused by or taunting than the execution tribe work provided form
this purchase order or in connation herewith The Seller will rademo , and hold hmmleas the Purcbasa and my
or all of foe Pu¢hasers informs agents and employees from and against my and all claims, losses, damages.
charges or alarms, whether ducal or iadvart, and whether to persons or property to which fire Purchases may
be put or subject by reason of my act, action, neglect, omission or default on foe pan of the Seller, my of his
contractors, or my of the Sellers or contractors olBeas, agents or employers. In case my suit or office
proceedings shall be 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 my of his contactors or my of its or
Rein officers, agents or employers as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same w the Sellers own expose, ro pay any and all costs, charges, tdtmn s fees and other expenses,
any end all judgments that may be trimmed by or oblamed against the Purchmer or any of its or their olTncers,
agents or employees in such suits or other proceedings, and in case judgment or Other lien h placed upon or
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 some to be dissolved and discharged by giving bond or otherwise. The Seiler and
his contractors shall take all safety precautions, fumah and install all guard necessary for the prevention of
accidents, comply with all laws and roplatioo with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuanuhereto.
Revised 07n014