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HomeMy WebLinkAbout460671 RMI2 PROPERTIES LLC - PURCHASE ORDER - 9122311City of ��t Collins PURCHASE ORDER PO Number Page 9122311 1of2 This number must appear on all invoices, packing slips and labels. Date: 04/24/2012 Vendor: 460671 Ship To: CITY MANAGER RMI2 PROPERTIES LLC CITY OF FORT COLLINS 320 E VINE DR SUITE 101 300 LAPORTE AVE FORT COLLINS Colorado 80524 CITY HALL WEST - 1ST FLOOR FORT COLLINS Colorado 80521 Delivery Date: 04/23/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2012 GIS Contribution 1 LOT LS 5,000.00 Total $5,000.00 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.com 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. COMMERCIAL DETAILS. Tax exemptions, fly statute the City of Fan Collins is exempt from stale and local taxes. Oar Exemption Nomber is 11. NON WAIVER. 99-M502. Federal Excise Tax Exemption Certificate of Registry 94-60100587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the toms and mnditiens hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein er by Inv. failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to 0uilure to mert specifications, tither when shipped or due to defects of any of The want notes or obligat inns of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be retained to von for credit and arc nut to be replaced ...cpt neon receipt of written purchaser to insist upon strict perfemanec hereof Oranv of it rights or remedies as to any such goods, rcpar llcss instruction, form the City of Fort Collins. of when shipped, received at accepted, as to any prior ur subsequent default hereunder, nor shall any par cured oml modification or rescission of (It is purchase order by the Purchaser opcmtc its a waiver of any of the Icons Inspection. GOODS are subject to the City of Fart Collins inspect inn On inivnl. Immof. Fine) Aecepmmc. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANT IT RUST CLAIMS. authorized payment on the pan of the City of rout Collins, Ilowcvc, it is to be undcmfoad that FINAL Seller and the Purchaser recognize that in actual cconamic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofill applicable required inspection procedures, violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now, have or hereafter Freight Terms. Shipments most be F.O.A., City of Tom Collins, 700 Wood Sr. Fan Collins. CO 80522. unless aequircl under federal or state antitrust Imes for such overcharges relating to the panicular goods or services otherwise specified an this order. If pemuission is given to prepay freight and ehage separately, the original freight purchased m acquired by The Purchaser pursuant In this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing points in varions 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 from greater distance. Permits Seller shall pmetoo at sellers sale cost all necessary permits, eemificalcs and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is perfomued, Or required by any other duly constituted public authority having jurisdiction over the work Of rndo, Seller timber agrees to held The City Of Fors Collins harmless from and against all liability and Ins, incurred by Them by reason of an asserted or established violation of any such laws, regulations, nrliammes, talcs and rcgnireamots. Antlimi,, Lion. All panics to this contract agree that the representatives arc, in fact, bona fide nail possess full and complctc mat odty tw bind said panic,. LIMITATION OF TERMS. This Pvrthase Order expressly limits acceptance to the terms and conditions stated herein set (cuff and any supplementary or additional Temx and conditions annexed hereto or incommutod herein by reference. Anv additional or different moon, and conditions proposed by seller are objected found herchy rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete .shipment In arrive on your premised delivery date as noted. Time is of the es,enec. Delivery and performance most be effected within the time stated on the purchnse order and the documents attached herem. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and holding the Seller liable for damages. Hmmcvcr. the Seller shall not he liable for damages as a result of delays due to cause, not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such act of Gab acts of civil or military anthoritics, gmecomental primitics, fares, strikes. Flood, epidemics, was or riots provided that maiec of the conditions causing such delay is given in the Purchaser within five (5) day, of the time when the Seller first received knowledge thereof. In the event of any such delay. the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, amides materials and work covered by this order will conform with applicable drawing,, specification,, samples and/or other dcseriptions given, will be fit for the pugres" intended, and Performed with the highest decree of care and canna c in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from tiny loss. damage or expense which The Purchaser may suffer or incur on xeeount of the Sellers breach of waionty. The Scllcr shall replace, repair m make grad, withun cost to the purchaser. any defects or faulrS ari,ing within one (1) year or within Suds longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance Of the goods furnished heraodcr (acceptance not robe unreasonably delaved), reselling from itaintRcl m defective work dorm or materials famished by the Seller. Acceptance crow of goods by the Pumbiscr shall not constitute a waiver ofany, claim under this w'amnry. Except as otherwise provided in this purchase order. the Seller, liability hereunder shall extend to all damages prnximamly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in an event include loss of profits or loss of esc. 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. other than legal terms, including additions to or deletions Two the quantities originally ordered in the specification, or dmw'ings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in empress provided that the Purchaser shall not he liable for any claims for anticipated punts on The uncompleted portion of the goad, and/or work, for incidental or consequential damages, and that an such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such mrminition shall relieve the Pumhawr or the Seller of any of their obligntions ns to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assorted within thirty (30) days from the date the change ar termination is ordered. S. COMPLIANCE WITH I LAW. The Seller warrens that all goods sold herennde, shall have been produced, sold, delivered nail furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as maybe required m effect or evidence compliance All laws and regulations rcquircd to be incorporated in agreements of this character are hcrcbv incorporated herein by this reference. The Seller agrees to indemnify and hold the PumbIorr hamlet from .II 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 womnts full, clear and unrestricted title to the Purchnscr for all sea pmcnt. mntcrials, and items furnished in perfom once of this agreement, free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of mhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs The Seller to correct nonconforming or defective goods be n date to be agreed upon by the Vote] nscr and The Seller. and The Scllcr thereafter indicracs its inability or unwillingness to comply. The Purchaser cony cruse the work to be perOmrmedl by the most cxpeditinns means available to it, and The Seller shall pay ill costs associated with such work. T'he Seller shall release the Purchaser and its contnom, of any tier from all liability and claims of any nature resulting from The performance ofsueh work. This release shall apply even in The event of fault Of negligence of the .any rdcased and shall extend m the directors, officers and employees of such party. The Seller's contmaual obligations, including warm, my. shall not be deemed to be reduced, in any may, because such work is perforated or caused to be perfommd by The Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Icacr. patent, nadcnrmk or copyright, the Seller shall indcmmify and sn'c harmless the Purchaser from 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 to pay by reason of soh infringement at any tittle during The Dmseaunon or after Oa completion of the w ark. In case said cdptipmonT. Or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and The use of said equipment or part is enjoined, the Seiler shall, it its own expense and it its option, either procure for the Purchaser the right In eommue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify, it so it beeomes nonin0inging. 15. INSOLVENCY. If The Scllcr shall become insolvent or bankrupt, make in assignment for the benefit of creditors, appoint a receiver or tmxice for any of the Sellers property Or hasine,,, this order may forthwith be canceled by the Porchnscr without liability. 16. GOVERNING LAW. The definition, often s used or The interpretation of the agreenment and life rights off][ panics hereunder shall be construed under and poverned by the laws ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcmander. including the services of Scllers Representative(,), no the premises ofathers. 17. SELLERS RESPONSIBILH Y. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and neceplcd, and shall, in case of any accident. dcstmelion or injury to the work and/or materials before ScHet'x final completion and .acceptance, complete The work at Seller's own expense and to the satisfaction of The Purchase, When mntcrials and equipment are furnished by others for installation or or-ce ion by the Seller. The Seller shall receive, unload. store and handle same at the site and become nowansible Ihercfor as Though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shut, at his own expense, pmvide for the paymcm cf workcm compensation, including oceupxtional disease benefits. To its employees employed on Or in emmeelion with The work covered by this purchase order. and/or to their depcndeas in accordance with The Imes of Om state in which the work is to be done, The Seller shall also carry comprehensive general liability including. but not limited to, cmttrmmanl and automnhile public liability insurance with bodily injury and death limits of at least S300,000 for any one prison. 5500.000 for any one accident and property damage limit per accident of 5400,01(h0. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Berme any of the Scllcr, or his contractors emplay ce shall do any work upon the premises of mhers, the Seller shall furnish the Purchaser with a certificate That such compensation and insurance have been Provided. Such eeuificntc, shalt specify the dale when such emnpensrtiot and insurance have been provided. Stich eenifieams shall specify The date when such compensation and insurance expires, The Seller agrees that such compensation and insurance shall he maintained until after the attire work is compLicd and ocecPled. 10. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcbv assumes the entire responsibility and liability for any and all damage, loss or injury of any kind Or nature whatsoever m persona Or progeny erased by or ¢salting from the cmeemninn ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless The Purchaser and any or all of The Purchasers o0iecrs. agents and employees form and against anv and all claims, lasses, damages, charges or expenses, 0hclher direct or indirect, and wbcber in persons or prop'", In which the Purchaser may be put or xubjecTby reason of any act action, neglect emission or default on the part of the Seller, env of his contractors, or any of The SCIIcrS or contractors officers, aunts or employes. In case any suit or other proceedings shall he brought IgliaSt the Purchaser, or its nffiecrs, agents or employees at any time on account or by reason of any act. ofion. neglect, omission or default of The Seller of any of his contractors or Illy of its Or their nffmcis. agents Or employees os oforesaid. the Seller hcrcbv agrees to assume the defense thereof and to defend the sane at The Sellers own expense. to pay any and all costs. charges. attorneys few and other expenses, any and all judgment, That may be incurred by or obtained against the Purchaser or any of its or their officers. .agent, or employces in such .suits or other proceedings, and in case judgment ar other lien be placed upon or obtained against The property of The Pmnhascr. Or said parties in or Is a result of such suits Or other pmeccdmfis, the Seller will at once cause Ili same to be dissolved and discharged by giving bond or otherwise. The Seller and hie contractors shall take all safety prccautionc banish and install all goods neces,%mv for The prevention of iceidcnk, comply with all Inws and rcgnlations with regard to safety including, but mithmd limitation, the Occupational Safety and I Ieabh Act of 1970 and all rules and regulations issued pursuunt themta. Revised 03/2010