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HomeMy WebLinkAbout193498 E CUBE INC - PURCHASE ORDER - 9145987PO PURCHASE ORDER 914598er Page City of PURCHASE 987 1 of 2 `t Collins( This number must appear �•I on all invoices, packing sli s and labels. Date: 10/1512014 Vendor: 193498 Ship To: ELECTRIC UTILITIES E CUBE INC CITY OF FORT COLLINS 1900 FOLSOM STE 109 700 WOOD ST BOULDER CO 80302 FORT COLLINS CO 80521 Delivery Date: 10/15/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 Provide commissioning services 1 LOT LS 75,000.00 for the new Utility Admin Bldg as indicated on the work order #OPA24311 and proposal dated 9/24/14. 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.com Total $75,000.00 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. COMMERCDM.DEfA1LS. Tax exemptions. By staple the City of Fan Collins it exempt from sate and local tart. Our Exemption Number is 11. NONWAIVER_ 98-04502. Federal Excise Tax Exemption Commode of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon sold performance of the I.— ad conditions hereof, failure or delay p Internal Revenue, Damsel, Colorado (Ref. Colorado Revised Statutes 1973, Choplcr 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance nfor payment for goods hereunder or approval of the design, shall not redeem the Seller of Goods Remain. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of mY of the warranties or obligations of this purchase order and shall not he darned a waiver of any right of the damage in transit, may be resumed m you for credit and are not to be replaced except upon t«eipt of "non purchaser to insist upon strict performance generator any of its rights or emedies as to a" such goods, regardless instructions from the City of Fon Collimi of whom shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purfwned oral medtfimtice or rescission of this purchase order by the Pumlase operate ss a waiver of any of the IemLs Inspection. GOODS are ,Object to the City of Fon Collins inspection oa in ival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in rap.m'e to this order cars result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Ford Collins. However, it is p he understood Oat FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resonant firm anlimat ACCEPTANCE is dependent upon completion ofa11 applicable required inspection pracedures. violations are, in fact blame by the Poindexter. Theresifine, for good cause and as consideration for executing this purchase code,. the Seller hereby assigns to the Purchaser any aJ all claims it may now have or hatio fler Freight Terms. Shipments muut be TOM, City of Felt Collins, 700 Wood St., Fon Collins, CO 80522, unless acquired under federal or state anlibusl laws for such overcharges relating to me particular goods .r services Otherwise s,sa flail un this order. ll'permia,mn is given to prepay freight and charge separately, the original height purchased or acquired by the Purchaser pursuant to this purchase color. bill must accompany invoice. Additional charges for packing will not he accepmd. 13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. Shipment Distance. Where manufacn hoc distributing points us putts the country, shipment is Purehe, direas the Seller a ain byPerch the twnwndicates or debility bingness to beagreed ifflaPurchase, a de expected from the nearest distribution prim to destination, and maces freight will be deducted from Invoice when poi s elerthet its inability or unwillingness to comply, the Purchase Purchaser end the Seller, and the Seller run a shipments are made from greater disdance. bythereafter by the most expeditious means available m it, and the Seller shall pay all may cause the work to be most expeditious orlormed costs associated with such work. Parana. Seller shall procs, at sellers sole cost all necessary permits, and licensss requital by all y,certificates companies memory subdivision where and rates argue neon, municipality, anilory applicable spas, regulations, or The Seller dull release the and its contractors of any tin flan all liability end claims of my nature in jurraal ou i public ass on over the work the work is or required by any other duly by gjunst cercM1acr resulting fmm the pnformace of such cord. olM Fon Collins h.milns from and against all liability and loss Seller further TOO Ron and all Of condor. Seller funM1er ogref m hold the Ciry erred by them by reason of an usmncd Or established violation o[ any such Incas, regnlati.ns, ordinances, mlos li This shall apply ,von m, the event of fault Of negligence of the parry released and shall extend ro the and mquiremenls. directors, officers and employees fsuch pony. ors of Authe rieation All panics on Otis am ma agree that me representatives are, in fact, bona fide mul possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits weeptace 10 the to. and conditions stated herein set frith and any supplements, or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby jaded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to ounce on your promised delivery date as noted. Time is i f the essence. Delivery mad performance must be o fected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance internal late delivaim, shall operate or a waiver ofthis provision. In the event Of any delay, the Parchuna shall have, in addition in other legal and equitable remedies, the option orphan, this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as . at of delays due to causes not reasonably foreseeable which are beyond its irreversible control and without its fault of ne,h,lame, such nets of God, acts ofcivil or military substantial, governmental priorities, fares, strikes, flood, epidemics, wars or nose provided that notice of the conditions causing such delay is given in the Purchaser within five (5) days of the came when the Seller first received knowledge thereof In the event of any such delay, To date of delivery shall he extmdal for the period equal an the time actually lost by teaser nine, delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples adlor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of are and ampetm« in accordance with accepted standards for work of a imile, cam— The Seller agrees to hold the purchaser hmmless from any toe, daraoo or expense which the Purchaser may suffer or in,. on acoum of the Sellers breach of warranty. The Seller shall noplace, upon, or make good, without cost to the purchaser, any defects or fimlts arising within one (1) year or within such longer period of time as may be prescribed by law or by the ante. of any applicable warranty provided by the Seller taller the date of acceptance of the goods Remained] hereundef (acing., lost to be comma stably delayed), resulting fmm impefttt or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not ounimle a waiver of any claim under this wmanty. Except as otherwise provided in this purchase meets the Sellers liability hereunder shall extend m all damages proximately caused by the brczcb Of any Of the foregoing warranties Or guarantees, but such liabil try shall in no event include loss of profits or lass 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 teens by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal morn, including additions to or deletions from ere quantities originally ordered in me specifications or donsings, by verbal or wrinen change order. If any such Good, offer. fle.m.an, the or thm time Sperfotmaae hereunder..n equitable adjustment shag be made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change ordeq terminate Huts agreement as so any or all poni.ns of the goods men not shipped, subject to any equitable adynament besxeen the parties as to any work or materials then in progress provided Oat me Purchaser shall not be liable for any claims for antici,tal profits on me uncompleted ,men of the goods ON., work, for incidental or crowequential damage and that no such djelmml be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller Of any of her, obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. A, claim for adjustment most be assured within 'hill (30) days from The dace me change of mmtimrion is oodeieJ. S. COMPLIANCE WITH LAW. no Sella wormns that all goods sold Remember shill have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulation to which the goods are subject. The Seller shall awarom and deli,, such docummis as may he required in effect or evidentt compliance. All bass and mgulmiare required to be incorporated in agreements Of this character are hereby incorporated herein by this reform«. The Sella agrees to indemnify and hold the problem M1amdess form al I mass and damages suffered by the Purchaser as it result of she Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign transfer, at convey this order, or any monies dues to become due hereunder without no prior written consent of the other pony. 10. TITLE. The Seller watrents full, clear and International title to the Purchaser for all equipment, matenals, and items furnished in pert avce of this agreement, frte and clear of soy and ell liens, restrictions. reservations, security interest ancumbmnces and claims Of omen The Sellces command obligations, including warranty, shall not be deemed m he reduced, in any way, because such work is pMormed or caused to be Performed by the Purchaser. 14. PATEN IS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright the Seller shall indemnify ad save har races the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, desire, material or pr«ns in connection with rise contact, and shall indemnify the Purchaser for any cosh expense or damage which it may be obliged to pay by renaon of such infringement at any time during the prosecution In Or, the exand,li.n of the work. In case said equipment, or any pan thereof er the intended use of the gads, is in such suit Feld to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure fir the Purchaser the right to continue using said equipment or pans, explore the same with substantially equal but naninGnging egaipnrcnl, or modify it as it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bandmpt, make an assignment for the benefit of creditors, appoint a occeiver or trustee for any of me Sellers property or business, this other may forthwith be canceled by the Purchase with.., liability. 16, GOVERNING LAW. The Jefinitums of temp used or the Inmrpremlum of the agreement and the rights of al I parties hereunder shall be conshued under and governed by me laws ofthe Sale Of Colomdo, USA. The following Additional Conditions apply only in maca where me Seller is to farmarm work heremd,, rolling the services .!Sellers Represenariam s), an the premises.flamers. 17. SELLERS RESPONSIBILITY, The Seller shall carry on said work at Shcees own risk until the same is fully campla d and attpled, and shall, an se of my adders, destruction or injury to me work ad/or materials before Sidles f 1 completion and eccamn«, complee the work at Sellces own expcns, and to me of isforion of me Purchase. When materials and mquipmmt are famished by others fir installation or erenia by the Sell,, the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease benfits, to its employees employed on or in connection with the work covered by this purchase order, any., to their dependents in accordance with me laws of the state in which the work is to be done. The Seller shall also carry e m achansive g,must liability including, but not limited to, contractual and automobile public liability insurance with basally injury and death James of at least S30gGaG for my one person, S500,000 for any conaccident red property damage limit per accident of "Off". The Sella shah likewise real his tractors, if any. to provide for such compensation and inawena. Before my of me Sellers or his commissions employees shall do any work upon me premise of Others, the Seller shall famish the Purchaser with a cenieate that such compensation and insurance have been provided. Such cenilicutes shall specify the dale when such .mpettsation and insurance have been provided. Such cenificifes shall speeiry me date whom such compensation and insurance forms. The Seller agrees that such comprnsation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDEM S AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury crony kind or natme whatsocver to peraores or propery caused by or meaning from the excwlion of the work provided for in mix purehxre coder or in connection herewith. The Seller will indemnify and hold borrnless me Purchaser and any r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m persons or property to which the Purchaser may be pun or subject by ream. of any act, rude., neglect, omission or default on the pan of the Selleq any of his contractors, m any of me Sellers Or contractors officers, agents Or employees. In case any suit or other proceedings shall h Fraught against me Purchaser, or is officers, agents or employees at any most on account or by morn. of any at anon, neglect, omission I, default of the Seller of any i f M1is commcto. or any of its or their officers, agents .r employces as aforesaid, the Sella hereby agree to assume the defense thermf and 1. defend the same at the Sellers own expense, to Pay any and all costs, charges, attorneys fees and ocher 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 place n ings, and in case judgment or other lien be placed upon or Obtained agaited me properly of me product or said putties m or ss is man of such suits or other proceedings, me Seller will at once cause the same to be dissolved sd discharged by giving band or nthersise. The S,IIn and his contractors shall take all safety precautions, furnish and instill all guards necessary for the prtvention of sessional, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all roles and regulations issued pursuant thereto. Revised G7n014