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HomeMy WebLinkAbout460671 RMI2 PROPERTIES LLC - PURCHASE ORDER - 9122310PO PURCHASE ORDER 912231 Number Page City of PURCHASE 9122310 t of z Fort Collins This number must appear ,�—J`-' ` ` ��7 on all invoices, packing slips and labels. Date: 04/24/2012 Vendor: 460671 RMI2 PROPERTIES LLC 320 E VINE DR SUITE 101 FORT COLLINS Colorado 80524 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 04/23/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 Operations Contribution 9zt-� Q. 0AL;Sk..-e- City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.wm 1 LOT LS Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522.0580 Purchase Order Tcrins and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By state to the City of Fort Collins is exempt foam state and local taxes. Our Exempt inn Number is 11. NONWAIVE:R. 99-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered rrith the Collector of Failure of the Purchaser to insist upon stricl performance of the terms and canditimm hereof, fnilure or delay In Internal Revenue, Denver. CNnmdn (Rcf. Colorado Revised Statutes 1973. Chapter 39 26, 114 (a)exercise any rights or remedies provided herein or h' Irv, failure to prongmth, notify the Seller in the event of a breach. the re cc of err payment for goods hcrcundcr Or approval of the design, shall not release the Scllet of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the mammies or obligations of this purchase order and shall not be deemed a wnivcr of any right of lime damage in transit. may be moaned to you for credit and arc not to be replaced except upon receipt of Written purchaser to insist upon strict performance hereof or any of its rights at remedies as m any such goods, regardless instructions fmm the City of Fort Collins. of when shipped, received at accepted, as to any prior or subsequent default hereunder. not shall any purported real modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. hereof. Final Acceptance Receipt of the merchandise, .services or equipment in response to this order can malt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins. Hmxcvc,. it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, nvcrehargcs resulting from antim st ACCEPTANCE is dependent upon completion ofall applicable required inspection procedure., violations are in fact borne by the Purchaser. Tleremf ne, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Too Collins, CO 80522, male.. acquired under federal Or state antitrust Inws for such Overcharges trifling to the puniculnr goads at semicc otherwise specified on IN, calm If pcnninica is given to prepay freight and charge sepemtdv, the original freight purchased ar:equired by the Purchaser pursuant to INS purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in r:mious pans Of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Pewits. Seiler shall procure nt sellers .sole cast all necessary perit, acni6cales and licenses required by all ,applicable Ines, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funhcr ngrccs to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an ascncd or established violation of any such laws, regulations. ordinances. miss and requirements. Authoriz tion. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERNS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set faith and any supplementary or additional aeons and conditions annexed herein or incorporated Immin by mference. Any additional ar di Rcreat tents and conditions prepared by seller arc objected round hereby rejected. 2. DELIVERY. PLEASE: ADVISE PURCHASING AGENT immediately if "a cannot make complete shipment to arrive an your promised dclivcry date as anted. Time is of the essence. Delivery and perfnrmanec must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance afpartial late deliveries, shall opcmtc as a waiver of this provision. In the event of any delay, the Pnmhaser shall have in addition to other legal and equitable renwdics, the option ofplacing this ender dscwhcrc and holding the Seller liable for damages. However. the Seller shall not be liable for damages its a result of c days dram to causes not reasonably foreseeable which are beyond its reasonable control and withcm i6 fault al negligence. such acts of God, acts efeivil or military authorities. governmental priorities, fires, strikes. Bond, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purcha car within five (5) days of the time when the Seller First received knowledge thereof. In the event of any .such delay. the date of delivery shall be exleaded for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller w2mnti that all goods, articles, materials and work cover! by this order will confarnt with applicable drwings, specifications, samples and/or other descriptions given. wild be fit for the purposes intended, and performed with the highest degree create and competence in accordance with accepted Bland ioN far work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of vuro nty. The Seller 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 of any applicable warmnty provided by the Seller after the date of acceptance of the goods famished Immurder (acceptance not to be unreasonably delayed). resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gaol by the Purchaser shall not constitute a waiver or.ay claim under this wvmnty. Except as allicm ise provided in this pumhasc order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing worm lie' or gaamnum, but such liability shall in no event include loss of profits or Ions 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 by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, clime than legal terms, including additions to Or deletions front the qumfifc, originally ordered in the sp.ificatioa or drawings, by verbal or written change mmdcr. If any .such change affects the amount due or the time ofperfomance hctcnnda, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, marinate this agreement as to any or all portions of the goods them net shipped, sobject to any cgnimble adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Portion attire goods and/or work. for incidental or consequential damages, and that no such adjustment he made in Even, of the Seller with respect to any goods which are the Sellers standard stock. No.cuch mrnunntion shall rclimc the Purchaser or the Scllcr of any Of their obligations as to any good, ddo reed hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordcmd. S. COMPLIANCE WITH LAW. The Seller gnarls that all goods sold hcrcundcr shall have been produced sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect orevidenee compliance. All laws and regulations required to be incorporated in agreements of this character are hereby inenrpomted heroin by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchnscr its a result of the Sellers failure to comply with such law. 9, ASSIGNMENT. Neither party shall assign, transfer, or convey this odor, or any monies due nr to become due hereunder without the prior written consent of the other puny. 10. TITLE. The Seiler warrants full. clear and unrestricted tide to the Purchaser for all equipment matcria,, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescrrations, security interest encumbrances and claims of mhos. 13. PURCI IASIERS PERFORMANCE Olr SELLERS OBLIGATIONS. If the Purchaser directs the Seller In correct nonconforming or defective goods by a date to be agrccd upon by the Purchaser and life Seller, and the Seller theren0er indicates its inability m umrillingness to comply, the Purchaser may cause the work to be perforated by the most cxneditirus means available to it. and the Seller shall pay all costs associated with loch work. The Scllcr shall release the Purchaser and its contructors of any tier front all liability and claims of any nature resulting front the perfmmmancc ofsueh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dirccloes, officers mead On mIcyce, ofsueh party. '[be Selicr's contractual obligations, including wwamnty, shall ant be deemed to he reduced, in any wmv, because such work is performed or caused to be performed by the Pumhascr. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent. trademark or copyright, the Seller shall indemnify and save hvmdms the Purchaser fmm any and all claims for infringement by reason of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost. expense or damage Which it may be obliged in pay by reason afsuch infringement at any time doting the prosecution or aficr the completion of the work. In ease said equipment. or any part therarf ar the intended use of the goods, is in such ,suit held to constitute infringement and the use of said equipntenl Or part is enjoined. the Seller shall, at its Iran expense and m its option, fill... procure fiver elm Purchaser the right In continue using said equipment or parts, replace tie same with substantially equal bill naninfringing cquipamet. or mndify it so it haornes nnmin(ringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrml, make an assignment for the benefit of credimrc. appoint a receiver Or trustee for any of the Sellers pmpcny or business. this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions offers used or the uncrprcmtion of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfort work hoarder. including the services of Sellers Rcpresentalive(s), On the premises ofadmcs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry unsaid mark at Scllcrs own risk until the same is fully ourplctcd and icecptcd, and shall. in case of any accident. do Ira, ian or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Scllere own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installmion or erection by the Seller. the Seller shall receive, undoad, store and handle same at the site and beeou, responsible therefor as though such aratcriads and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shnll, m his own expense, pmvidc for the payment of w'orkcv, conmpcnsminn, including occtpntinnnl disease bcncfils, to its employees employed on or in connection with fire work emcred by this purchase order. and/or to their dependents in accordance with the laws afthe state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500,000 for env one accident and property damage limit per accident of S400,000. The Seller shall likewise regnim his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any walk upon the prcmicas of others, the Seller shall Finnish the Purchaser with a certificate that ,such campcaalion and insurance have been provided Such ecnificmes shall specify the date when such compensation and insurance have been pmvidcd. Such ccr iftcatec shall specify the date when such comprnsmian and insmmncc expires The Scllcr agrees that such compensation and insurance shall be maintained until ificr the entire work is completed and accepted. 19. PROT[ Cl [ON AGAINST ACCIDENTS AND DAMAGES. The Scllcr lerchy asstmtcs the entire re.,,modulity and linhility for any and all dur age. lass or injury array kind Or nature w,hrt,a vcr to persons or pmpcny caused by err resulting form the execution ofthe work pmvidcd for in this purchase order m in connection herewith. The Scllcr will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers. agents and employees farm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons Or pmpcny to which the Purchaser may be pat or subject by reason of any act, action, neglect emission or default on the pan of the Seller. any of his contractors, or any of the Sellers or conductors elFmcm. agents or employees. In case any suit or other Proceedings shall be brought against the Franchiser. or its officers, agents or employees at any lime on account or by reason of nay act, action, neglect. natission or default of the Scllcr army of his eontraetors Or any Of its Or their oRecrc. , agents or employees as ifummid, the Seller hereby agrees to assume the defense thercaf and to defend [lie same at life Sellers ern expense. to pay any and all costs, charges, attorneys fees sad Other expenses, any and all judgments duo may be incurred by nr Obtained against the Purchaser or any of its or their omccrs. agents a, cmployccs in such suits or other proceedings. and in case judgment or other lien he placed final or obtained against the property fifth, Purall or said parties in or as n result of such suits mother proceedings, the Scllcr mill at once cause the same to he dissolved and discharged by giving bond or olherwise. The Scllcr and his contractors shall lake all safety precmitions, furnish and install all guards necessary for the pmxcntinn of accidents, comply with ell laws and regulations with regard to safety including, but without limitation, the Ocenpatimul Safety and Health Act Of 1970 noel all rules and regulations issued pursuant Ihemle. Rcwised 0312010