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HomeMy WebLinkAbout193498 E CUBE INC - PURCHASE ORDER - 9141524Fort Collins Date: 03/12/2014 Vendor: 193498 E CUBE INC 1900 FOLSOM STE 109 BOULDER CO 80302 PURCHASE ORDER PO Number Page 9141524 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 03/11/2014 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price Commissioning for TMFE Mason BRT project 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 Total Invoice Address: 3,080.00 00] City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIALDETAIIS. Tax exemptions By statute the City of Fan Collins is exempt from statcand local cares. Our Exemption Number is ILNONWAIVER. 98-W502. Fdeal Excise Tax Exemption Certificate of Registry 84-6000581 is registered wool the Collector of Failure of the Purhaor to insist upon strict performance of the terms and cooditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtmes 1973, Chapter 39-26, 114 (a). exercise any rights or temdies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or Payment for goods hereunder or approve) of the design, shall not skate the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the waramim ar obligations of thus purchase, order and shall not be deemed a waiver of my light of the damage in transit, may be returned to you for credit and are nut m be replaced except upon receipt of written purchaser to insist upon Indio performance hereofor any of i s rights or remedies as m any such gswd,, regardless inswaions from the City of fort Collins. of when shipped, received or weepted, as to any prior or subsequent default hereunder, or shall any pmpotted oral modification Or rescission of this purchau older by the Purchaser operate in a waiver ofany of the mars Inspection. GOODS are subjeat o the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the marchandise, services in equipment in sparse m this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aaboriud payment on the pat of do City of Fort Collins. Ho sm., it is m be understand that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting from anIt—, ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fur home by the Purchaser. The an fore, for good cause and as consideration for executing this purchau order, the Seller hereby assigns to the Purchaser any and all claims it may now have or banisher Freight Terms. Shipments must be F.O.B., City of Fort Collins, 100 Wood St., Fall Collins, CO 80522, unless acquired undo federal or same it., laws for such overcharges relating to the particular goods or services otherwise specified on this older. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase older. bill most accomwnv invoice. Additional charges for packing will not be accepted. Shipment Distance. Where mnmrfacorers have dimibuting prim, in various pans of the country, shipment is cxpcctcd from the nearest distribution polar to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cast all necessary permits, comprises and licenses required by all applicable laws, regulations, ordinances and ones of the Irate, commodity, terrimry or political subdivision whew Om work is performed, or required by my other duly com ioreal Dublie authority having jurisdiction over the work of vrndoc Seller further agrees to hold the City of Fort Collins hamleu from and against all liability and loss incurred by them by reason of an women or established violation of any such law; regulations, ordinances, rates and requirements. Authorization. All panda to this contract agree that the representatives are, in fact, bona fide and protein full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terra and conditions stated herein set forth and any supplementary or additional term and conditions annexed hereto or incorporated hemin by reference. Any additional or different teas and craniums proposed by seller are objected to and hereby rejected. 2. 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 esuoce. Delivery and performance mast d effected within the time stated on the purchau order and the documents mtachad beret.. No sets of the Forchssen .]ad,,, without limitation, acceptance ofPanial late deliveries, shall operom as a waiver ofthis provision. In the event army delay, the Purchuer shall have, in addition to other legal and equitable remedies, the option of placing dins coder elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its restrainable control and without its fault of negligence, such on of Gad, is ofcivil or military mfinum,gmona ental priorities, fires, strikes, flood, epidemics, an ar rips provided that notice of the condition, causing such delay is given to the Purchaser within rive (5) days ol'the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for $e period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Bat all goods, articles, rateriaB and) work covered by this maker will conform with applicable dowup, spccifiatiow, umples under other dacriptios, given, will be fit for the puryosm intended, and performed with the highest degree of care and competence in meordaace with accepred standards for work of a similar nature. The Seller agrees to hold the purchaser Families from any loss, damage or expense which the Puohaser may suffer or incur on account ofthe Sellers breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the data of acceptance of the goods thmlahed hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as oNerwism provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrmfes or gmmamces, but such liability shall in no event include loss of profit or loss of— NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal toms by wriRm change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teas, including additions to or deletions from the quantities originally ordered in the spedfimoons or closings, by verbal or wrinen change order. If any such change of ice. the amount due or the time of performance hereunder, an mmmble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change older, teminale this agreement as m my or all portions of the goods then not shipped, subject 1. any expiable adjusment between the parties as to any work or materials then in progress provided that the purchaser shall not be liable for eery claims for anticipated profirs on the uncompleted portion of the good and/or work, for incidental or consequential damages, and that im such adjustment be made in favor ofthe Seller with respect many good which arc the Sellers standard stock. No such tanniwtion shall nations, the Footnote, or the Sellerof any aion, obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be, asserted within thody (30) days from the date the change or lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may he mquim l 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 Purchases baaless fmm all eves icd damages suffered by the Purchaser as a much of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, vensfer, or comity this order, or any monies due or to become due hereunder without the prior written consent of the other pony. 10. TITLE. The Seller warrants full, clew and unresocted title to the Purchaser for all equipment, uaterials, and items Finished in performance of this agreement, free and clew of my and all liens, rmrictions, regmations, security interest enculnbrrow, and claims of.thers. 13. PURCHASERS PERFORMANCE OF SELLERS ODLIGAI'IONS. Ifthe Purchaser directs the Sel let to cored nonconforming or defective goods by a dare to be agreed upon by the Purchaser and the Seller, and the Seller grammer indicates its inability or unwillingness o comply, the Purchaser may are the work to be performed by the most expeditious means available to it, and the Sella shall Pay all costs associated with such work. The Seller shall release the Purchaer and its convenors of eery tier fmm all liability wad claims of any wore resulting from the performance ofsuch work. This release shall apply even in the vent of fault of negligence of the parry whasd and shall extend m the directors, oRcers and employees ofsuch parry. The Shcefs contmcrual obligations, including wavanly, shall not be dccmed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whmevw the a Seris requiredtousegaydesign,devise, the Purlorprocess cove red by letter parrotimdatnew copyright, the Seller shall indemnify and save hamilw the Purchaser from any and all claims for infdngernem by newon of the use rcpeer parroted design, device. damage hi process in connection with the contract, and shall indemnify the Purchaser for any cast expense or damage which ❑ may be, obliged to pay by reason a such or unimportantact then o eery time during the of rate or slier the completion t of the work. fi cgu said equipment or any pan thereof or the intended use he the Sr shall, l, in such suit held to wnstiin inGngement and the are hof e said ham, the or Pan is enjoined,uerr the Seller stall, nt its own expense and at its .piton, either procure for the Pumhuet the right a continue using said equipment in pans, replace the same with substantially equal but n.ninonging moiPtriroL or modify it so it becomes naninMnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpl, make an msignmem for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this anchor may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of harms tied or the computation of the agreement and the rights of all ponies beremder shall be mmtrd order and governed by the laws of the Scale ofColondo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heretmM, including the services of Sellers Repreuuative(s), on the praisesof others. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work an Sellers own risk until the same is fully completed and accepted, said shall, in se of any accident, destmction or at to the work and/or materials before Sellers fund completion and acceptance, complete the work at Sellers own expense and to the satisfaction ofthe Pumhases. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, some and handle uma at the site ard became responsible therefor as though such mmedals anWar equipment were being( ishd by the Seller order the order. I&ENSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensation, including ..,firm[ disease benefits, to its employees employed on or in mcturrian with the work coveted by this purchase order, and/or m than dependents in ucordance with the laws of the sum in which the walk is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contraction and automobile Public liability insurance with bodily injury and death limits of at least $300,OOo for any one person, $500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide fur such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and iwmence have been provided. Such cenifiro es shml specify the date when such compensation and trommove expires. The Seller agrees that such compensation and insuame shall be maintained until after the entire work is completed sand acceptd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mspersibiliry and liability for any ad all damage, tau or injury ofany kind or nature whws«ver to persons or poi caused by or resulting from the execution ofthe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold bermless the Purchaer and any r all of the Purchasers offcers, agents and employees from and erg rawl any and all claims, losses, damages, charges or expenses, whether direct or indimol, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers cr contrators officers, agents or employees. In case any suit or other proceedings shall be bought against the Purchuer, or its officers, agents or employees al eery time on account or by reamer of my act, action, neglrets omission or default of the Seller of my of his contractors or any of its or thew i ffcers, agent an employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the acme at the Sellers own export 1. pay my and all costs, charges, moms ys fees and other expenses, any aid all judgment that may ba incurred by or obtained against the Purchaser or any of its of their officers, agents or employees in such suits or other pocedirip, and in case judgment or other lim he plaint upon or obtained against the property ofthe Combaur, or said ponies in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and diuhargd by giving bond or otherwise. The Seller and his contractors shall take all safety precmtions, famish and install all guard necessary 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 pro mauhereto. Revised 03R010