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HomeMy WebLinkAbout460671 RMI2 PROPERTIES LLC - PURCHASE ORDER - 9141352Fort Collins Date: 03/04/2014 Vendor: 460671 RMI2 PROPERTIES LLC 320 E VINE DR SUITE 101 FORT COLLINS CO 80524 PURCHASE ORDERPO 914135er Page 141352 1012 This number must appear on all invoices, packing sli s and labels. Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 03/03/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 NoCo Bio Support 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.mm 1 LOT LS 25,000.00 Total $25,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDEPAIIS. Tax exemptions. By stmme the City of Fon Collins is exempt Goan stare stld local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cevificae of Registry 84-6000587 is registered with the Collator of Failure of the Pumhasa to insist upon strict performance of the terms and conditions hereof, failure or delay ro Internal Revenue, Denver, Col..& (Ref. Colorado Revimd Sodium 1973, Chapter 39-26,114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of is breach, the acceptance ofor payment for goods haevnder or approval ofthe design, shall not release the Seller of Gaols Rejected. GOODS RD ECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of the damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance Farman any of its rights or remedies as to any such goods, regardless instructions fiom the City of Fon Collins. of when shipped, eceived or accepted, as m any prior or subsequent deficit hero der, nor shall any purpuned oral modification or teb fission of this purchase order by Be Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject o the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, sources or equipment in response to this order can mull in 12. ASSIGNMENT OF ANTITRUST' CLAIMS. modurixd payment can the pan of the City of Fort Collins. however, it is to be understood that FINAL Sella and the Purchaser raognia that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable natural inspection procedures. vdmlmns are in in fact home by the Purchaser. Theretefrm, far good cams end as mnsidemtion far examing this purchase order, the Seller hereby assigns W the Purchaser any and of claims n may now have or hereafter Freight Tema. Shipmens must c F.O.B., City of Fan Collins, 700 Wood St, Form Collins, CO 80522, unless acquired under federal or state antitrust Dwx for such ovenbmga relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the onigiral freight purchased or acquired by the Purchaser pumuanvo this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE: OF SELLERS OBLIGATIONS. Shipment Distance. Where numcfecmrers have dombming points in unice, pans of the country, shipareal is If he Purchaser direct, the Seller o correct nonconforming or defective goods by a date to be agreed upon by the extracted firm the n®ret diontution point to deviation, and cxccss freight will be deducted frm Invoice when Purchaser and the Seller, and the Seller lhembfier indicates its inability or unwillingness to comply, the Purchaser shipments are made from Kremer distance. may cause the work to be perfommd by ,he most expeditions means available to it, and the Seller shill pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, camfiwms and licenses required by all applicable laws, regulations, ordinances and ales of the state, municipality, territory or Political subdivision when the work is performed, or required by trey other duly constituted public authority beciogjmivliction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss recurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorimtion. All parties to this contract agree that the representatives art, in fact, bona fide and po erns full and complete authority to bind said p rdicc. LIMITATION OF TERMS. This Purchase Order expressly limits acceptnce to the It. and conditions stated herein set font and any supplementary or additional arms and conditions nnnexed hereto or incorporated herein by bercrama. Any inkin mal or diff outerms and conditions proposed by seller are objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Byrn cannot make complete shipment to active on your p rmised delivery date as noted. Time is of the essenre. Delivery and Performance most be effected within the time stated on the purchase order and the documents attached becour No was of the Purchasers including, without limitation, acceptance alpinist late deliveries, shall operate m a waiver alibis provision. In rise 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 Seller shall nor be liable for damages as a result of delays due m causes not reasonably foreseeable which arc beyond it, mable normal and without its fault ofnegligence, such acts of God, as of civil or military and oriries, govemmemal pcounties, fires, strikes, Bond, epidemics, wars or Huts provided that twice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when ds Seller first received knowledge thereof. In the runt 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, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes Trended, and performed with the hippest degree of cart and contraction, in accordance with accepted standards for work of a similar mamm. The Seller agrees to hold the purchaser hmmless fmm any loss, damage or expense which the Purchaser may suit or nation account of the Sellers breach of Warranty. The Seller shall repine, repair or make goal, without cunt to the purchase, may demets or (oohs arising wind. one 0) year or within such Imager period of time ens may be presorkal by law or by rise terns of my applicable warranty provided by the Seller after rise date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not anima a waiver of any claim unit,, his warranty. Except as o0rerwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately used by the breach of any of he foregoing w robacties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRAN fY OR MERCHANTABILITY OR Or FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The function may make changes to legal mmms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The From as may make any changes m the terns, other dart legal men¢, including additions, m or delelow, from ,he warroma originally ordered in the specifications or drawings, by vedal or wrocas change order. Ins any such change aReds the ..of due or the lime of performance hereunder, an equitable adj ztmen, shall be made. 6. TERMINATIONS. The Purchas may at any time by wriurn change order, terminate this agreement as to any or all portions of the goods then not shipped mbjal to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for acticipnmd profits on the uncompleted p Trion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect many goods which arc the Sellers standard stock. No such nomination shall relieve the Purchaser .,,he Seller afany of theft obligations as m any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termimtion is ordered. 8. COMPLIANCE WITH LAW. The Seller a'arbano, that all goods sold hereunder shall have been produced, cold, delivered and famished in nrict compliance win all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required to effect a evidence compliance. All laws and regulation required to be incorporated in agreement, of this character are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchmer ex a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tmmt, or convey this order, a, any monies due ar la become due hereunder withw l the prior women ancient of the other petty. 10. TITLE. The Seller warrnts full, clear and unummicied tide to the Purchaser for all equipment, materials, and items Banished in performance of this agreement free and clear of any and all liens, restrictions, rese rrions, security innocent encumbrances and claims of.fcrs. The Sella shall releau the Purchaser and its contractors of any her from all liability and claims of any nature resulting from the Performance bfsuch work. This release shall apply even m the on, of fuel, of negligence of role party released aM shall extend to the direnors, oRvers and employees ofsucb pony. The Sellers contamted obligations, including wartsnty, shall ma be deemed m be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is regnired m use any design, device, material or process covered by later, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, boom al 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 branch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended roe of rise goods, is in such suit held a constimre difin omen and the use of said equipmeal or Pont is enjoined, the Seller shall, at it, own expense aM at its aprom, either obscure for de Purchaser rise right to continue using said equipment or pans, replace the same with substantially equal but noninGnging equipment, or modify it so it lecomes noninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for Be bench, of emmu rs, appoint a cancer or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights ofall parties hereunder shall be conswed union and governed by the laws offs a State of Colomdo. USA. The following Additional Conditions apply only in awhen the Seller is to perform work hereunder, including the services of Sellers Rapmsenative(d. oa the premaw of olhens. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sabres own risk until the same is fully completed and accepted, and shall, in se of my accident, destruction or injury to Be work and/or materials before Sellers final wmplaion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others Rn installation or erection by the Seller, the Seller shall receive, unload, stare and handle same at the site and become responsible therefor ns though such materials amour equipment were being banished 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 benefits, m its employers employed on or in connection with the work em—orl by this purchase aide, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shell also wry comprehensive general liability including, bur not limited to, connom and and automobile public liability insurance with hadily injury and JwN limits of m lest 5300,00) for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and moderate. Before any of the Sellers or his comma tors employees shall do any work upon the premises of ohers, the Seller shall furnish the Tambour with a cmificam that such compmation and insurance have been provided. Such certificates shall specify me date when such compensation and insurance have been provided. Such cerofiortes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until net the entire work is completed and swepmd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for my and all damage, loss or injury army kind or wmbe wha atever to persons or proper caused by or resulting fmm the execution of the wank provided for in this purchase orda err in connection herewith. The Sella will andandify and hold hmmless the Purchaser and any r all of the purchsscrs officers, agents and employees from prod against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whcner as persons or properly to wldch me Purchaser may be put or subject by reason of coy at, action, neglect, omission or default on the pan of the Sella, any of his onsacmrs, or any of the Sellers or contractors officers, agents or employees. In case tiny suit or other proceedings shall be brought against the Purchaser, or its officers, agents or cmployas at any time on account or by ,eon of any act, action, neglect, omission or default of the Sella of any of his contractors or any of is or ,heir oh,cers, agents or employees as aforesaid, the Seller hereby agrees In assume me defense thereof and to defend the same at the Sellers own expense, to Pay any and all exam, charges, atnmeys fees and other 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 proceedings, and in case judgment or aner lien be placed upon or obtained against the progeny of the Panamint , or said panics in or as a mull of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond no otherwise. The Seller and his contactors shall take all safety precautions, forecasts and in call all guards mammy for tbe prevention of accidents, comply with all laws and regulations with regard to safety including, but without Rotation. the Ocwpatimad Safety and Health Act of 1970 and all to, and regulations barred pursuant thereth. Revised 03Ra10