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HomeMy WebLinkAbout460671 RMI2 PROPERTIES LLC - PURCHASE ORDER - 9122561PURCHASE ORDER PO Number Page City Of 9122561 1 of z `t Collins�slips, This number must appear on all invoices, packing nd labels. Date: 05102/2012 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: 05/01/2012 Buyer: JAMES O'NEILL Note: Line Description Quantity Ordered UOM Unit Price Extended Price Innovation After Hours Sponsor 1 LOT LS 6,000.00 Total $6,000.00 U 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 Terrns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. T'ax esemptions. By stamtc the City afflict Cnllins is exempt from state and local roses. Our Exemption Numher is 9Rd4502. Fcdeml Eseise Tax Exemption Certificate of Registry R4-6000597 is reghacred with the Collector of lammed Revenue, Denver. Colomdo (Ref Colorado Revised Stamtcs 1973. Chapter 30-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either When shipped or disc to defects of dnnmge in transit, may be retuned to you for con it and arc not to be replaced except urym receipt of written instnmtions from the City of Fon Collins. Inspect inn. GOODS arc subject to the City of Fort Collins inspection tin arrivn I. 11. NONWAIVER. Failure of the Purchaser to insist crop strict performance of the tans, and conditions hereof. failure Or delay to exercise tiny rights or remedies provided herein or by law, failure to promptly notify the Seller in the event urn bna<h, the acceptance for payment for goods hereunder m approval ofthe design, shall not relcow the Scllcr of any of the warm ntics or obligations of This parchse order rand shall not be deemed a waiver of ony right of the purchaser In insist upon spirt perfonnoncc hercofor any Of ilS rights or rcmedice as many ras, such gdregardless of w4sn shipped, received or accented, is In any Prior or subsequent default hereunder, nor shall any purposed oral modi feaIion or rscissicn of this anchase ruder by the Purchaser operate as a ono cr of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAINIS. authorized payment on the pan of the City of Fort Collins. However. it is to he understood that FINAL Seller and the Purchnscr recognize that in rental economic practice overcharges resulting from antitrust ACCEPTANCE is dgrendent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretnfnre, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhaser any and all claims it may pass have or hemaficr Freight Terms. Shipments must be F.O.H.. City of Fort Collins. 700 Word St.. Fen Collins, CO 80522. unless acquiml under federal or state antitrust laws for such overcharges retain, to the particular goods or.senices otherwise specified on this order. If prankinn is given to prepay freight and charge separately, the original freight purchased reacquired by the Panhascr purstanl In this purchase orde, bill must accompany invoice Additional charges for packing Will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where mannfacmtem have distributing points in various pans of the century, shipment is it the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight Will be deducted from Invoice When Purchaser and the Seller, and the Seller therealicr indicates its inability m unwillingness In comply, the Purchaser shipments arc made from greater distance. may cause the work in be performed by the most cxperlitious means available to it, and the Seiler shall pay all sorts associated with sash work. Permit. Seller shall Procure at SCIIC6 sole cost all necessary permits, certificates and licenses required by all applicable laws regulations, ordinances and odes of the state, municipality, territory or political subdivision where the work is Performed. or required by any other duly constituted public authority having jurisdiction over the Work of vcodor. seller father agrees to hold the City of Fen Collins harmless face, and against all liability and Ins, incurred by them by reason Oran wwaracd or established violation crony such laws, regulations, onlinanccs, roles and requirement,. Authorization. All parties to this eonnaet agree that the representatives are. in fact, bona fide and pcsxcc, fill and complete authority to bind said panics, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the temx and conditions stated herein set forth and may supplementary or additional tent and conditions unnexed hereto or incorporated herein by reference Any additional Or different temw and condition, proposed by wllerpre objected loan(] hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shinnmcat to arrive on your Promised delivery date as noted. Time is of the essence. Delivery and performance must be effected %vahin the time stated on the purchase order and the doeemcnt attached hereto. No acts of the Purchasers including, withoul limitation, acceptance offal [.are deliveries, shall o icome 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 of placing this order elsewhere and holding the Seller liable for damages. However, the Seiler shall not be liable for damages as a result of delays due to gauss not reasonably foreseeable which arc heyond is reasonable control and without is fault ofnegligence, such acts nfGod, acts ofcivil m military authorities, governmental priorities, rims, strikes. Rood, epidemics, wars or rims provided that notice of the conditions emaing such delay is given In the Purchscr 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 extended for the period equal to the time acmaliv lost by reason of the delay. 3. WAR RANTY. The Set lee warrants that all ponds, articles, materials and work covered by Ih is order W ill con mint with applicable drawings, specifications, simplex and/or mhcr descriptions given. will be fit for the purposes intended, and perfnnncd with the highest degree of care and competence in accordance with accepted standards for 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 wamanty. The Seller shall replace, repair at make good, Without cost to the purchaser, any defects or faults arising within one (1) year or Within such longer Perind of time as may be prescribed by law or by the terms of any applicable wrimanty provided by the Seller after the date of acceptance of the goods famished hcrcundu (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done at material., famished by the Seller. Acceptance or use of goods by the Purchscr shall not constitute a waiver ofany claim under this womanly. Except as otherwise pmvidcd in this Purchase order, the Scllcrs liability hereunder shall extend to all damages pmximcncly caused by the breach of any of the foregoing wamantics or guaeramm, but such liability shall in no event include loss ofprofits 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 to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions fmm line quantities originally ordered in the specifications or drawings. by verbal or Written change order. If any such change iffcet the amount due or the time ofperiormanec hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the ,an& Then not shipped, ,object to any equitable adjustment bus cep the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated Petits an the uncompleted portion tithe goods anchor.vork. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good Which arc the Scllcrs standard stock. No etch termination shall relieve the Purchaser or the Seller ofany ofthcir obligations as to any good delivered hercundu. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted Within thin (30) days fmm the date the change or termination is ordered, R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold. delivered and fumishcd in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seiler shall execute and deliver such documents s may be required to effect or evidence compliance. All laws and regulations required in he incorporated in agreements of this character ire hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purehuscr hmmlcss from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. n. 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 u:amants full, clear and unrestricted tide to the Purchaser for all equipment, materials. and items Pomished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothcr,. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch pony. the Scllcr's contractual obligations. including Warn my, shall not be devoted to be reduced, in any way, because such work is performed or caused to he perfatmM by the Purchaser. 14. I`A'rEN'rs. Whenever the Scllcr is required to use any design, device. ma Trial or process covered by letter, patent, trademark or copyright the Set let shall indemni fv and save hmmlcss the Purchaser front any and ell claims for infringement by reason of the use of such patented design, device. material or process in connection %vi lh the contract, and shall indemnify the Purchscr rotary cost expense cr dnntngc which it may be obliged to pay by reason ofsuch infringement at any time dating the prosecution or aticr the completion of the Work. In caw said equipment or any pan thercnf or the intended use of the goods, is in such suit held to constitute infringement and the use of suit] equipment or part is enjoined, the Seller shall, a1 its own expense and at its option, either procure for the Purchaser the right to continue n,mg laid equipment or pars, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankntpt make an assignment for the benefit of creditors. appoint a receiver or Imatec for any of the Scllcrs property or business, this order may fonhwills be canceled by the Purchaser Without liability. 16. GOVERNING LAW. 'The definitions of scrams used or the interpretation offl c agreement and the rights of ull parties hereunder shall be cnnstmed under and governed by the laws of the State of Colomdo, USA. the following Addition,] Condinens apply only in eases where the Seller is to perform Work hereunder. Including the services ofSellers Representative(,), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said Work at Seller's own risk until the same is fully completed and accepted, unit shall. in ease of any accident, destruction or injury to the Work and/or materials before Scllerk final completion and acceptance, complete the Work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are furnished by others for installation or erection by the Seiler. the Seller shall reccivc, unload, store and handle same at the site and become mspensib]e thcmfor as though such materials and/or equipment were being furnished by the Seller tender the order. I R. INSURANCE. The Seller shall, at his own cxpcnsc, frown c for the payment of Workers compensation. including occupational disease benefit,, to is employee, .,played on or in connection With the Work covered by this purchase order, and/or In their dependents in accordance With the Imes of the 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 in .Paso With bodily injury and death limit, of et lead 9300.000 for Toy a rs n, S500.m10 for p one accident and Property damage limit per accident of S400.000. The Seller pe shalllikewise require his contractors, if any, to Provide for such compensation and insurance. Baore any of the Scllcrs or his contractors employees shall do any Wort: upon the premises of nthcrs. the Seller shall famish the Purchaser with a cesifieate that such compensation and insurance have been provided. Stich ccnificates shall specify the date when such compensation and insurance have been Provided. Such certificates shall specif, the date When such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until aver the entire Work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. Tlm Scllcr hereby assumes the entire responsibility and liability rim any and all damage, loss or injury of any kind or nature whatsoever to persons Or property caused by or resulting from the execution of the work provided for in this purchase onlcr or in connection herewith, The Seller Will indemnify and hold hmmlcss the Purehuscr and any or all of the Purchasers ofti agent and employees from and against any and all chnnms, losses, damages charges or cspcnses. Whether direct or indirect, and Whether to persons or property to which the Purchaser may he put or suhjcu by reason of any act action, neglecp emission or default on the part of the Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shill be hmught against the Purchaser, ur its officers, agent or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agent or employees is aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense. to pay any and all cost, charges, anomcyS fees and other cxpcscs any and all judgments that may be incurred by or obtained against the Purchscr or any of its or their Officers. agents or employees in such stirs or other pmeecdings. and in case judgment or other lien be placed upon or obtained against the property of the Purchaser. or said panics in or as a result of such suits or other prey ccdings. the Seller will at Once cause the same to be die oh cd and discharged by giving bond or otherwise. The Seller and his contractors shall take all saf h, precautions. Finnish and install all gaud necessary for the prevention Of accidents, comply With all Innis and regulation,% with regard to safety including. but without limitation, the Occupational Safety and Health Act of 1970 and ill roles and regulations issued pursuant thereto. Revised 0312010