Loading...
HomeMy WebLinkAbout541710 RAMCO-GERSHENSON PROPERTIES LP - PURCHASE ORDER - 9145317PO PURCHASE ORDER 914531er Pogo C117/ of PURCHASE 5317 tot 2 . ' `tCollins( Thisnumber must appear �I on all invoices, packing sli s and labels. Date: 09/1512014 Vendor: 541710 RAMCO-GERSHENSON PROPERTIES LP FRONT RANGE VILLAGE PO BOX 350018 BOSTON MA 02241-0518 Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS CO 80524-2990 Delivery Date: 09/12/2014 Buyer: ED BONNETTE Note: COUNCIL TREE LIBRARY AT FRONT RANGE VILLAGE LEASE PAYMENT 9-8-14. Line Description Quantity UOM Unit Price Extended Ordered Price CAM EXPENSES 1 LOT LS 10,000.00 2 WATER & SEWER 1 LOT LS 2,000.00 Total $12,000.00 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.com Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Tiler Tenting and Conditions Page 2 Of 2 I. COMMERCIALDETAILS. Tax exemptions. By stoma the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 981151502. Felt Excise Tax Exemption Cmificne of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Sarmmes 1973, Chapter 39-26. 1141a). Goods Rejected. GOODS REJECTED due to failure to meet sperifestions, either when shipped or due to defects of damage in aamil, may be renamed an you for about and are not to be replaced except upon receipt of wren inseardians from the City of Fon Collins. Inspection. GOODS are subject to the City of Fun Collins irepemion oa wood. Final Acceptance. Receipt of the merchandise, sernces or equipment in response to this order can result in mommust payment on the pan of the City or Fiat Collins. However, n is to be urdersseod than FINAL ACCEPTANCE b dependent upon completion of all applicable required inspection procedures. Freigla Torres. Shipments mint be F.O.B., City of Fall Collins. 700 Wood St, Fiat Collins, CO 80522, unless mherwise speeifed on this order. If permission is given to prepay freight and charge sepomnely. the original freight bill muses..am,, invoice. Additional charges for locking will rot be accepted. Shipment Distance. Where manufadoners have distributing names in victionts pans of the country, shipment is expected from the nearest distribution prim to dissolution, aM excess freight will be deducted from Invoice when shipments we made from greeter distance. Permits. Seller shall procure at sellers sole cost all reactionary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public autheriy having jurisdiction over the work of vendor. Seller further agrees to hold the City of Full Collins harmless firm and against all liability and lass insured by them by reason of an assured or established violation of any such laws, regulations, ordimntts, roles and ocluir mews. Authoriastion. All Parties to this Contract agree thal the representatives are, in fact, bozo fide Cast poc ss full and complete authority as bind said games. LIMITATION OF TERMS. This Formic Older expressly limits artarg a to the trams and conditions stated herein si forty and any supplementary or additional terms and Conditions annexed heem or incorporated herein by reference. Any additional be different terms and conditions proposed by seller are objected to amf hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to Cove on your pmmisnl delivery date as noted. Time is elite essence. Delivery and performance most be offected within the time stated an the purdoase order and the documents attached hereto. No aces of the Purchasers including, without limibmion, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, is addition to other 1e61 and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes nor reawnably foreseeable which Coe beyond its aosouable outbid and without its fault of negligence, such acts of God, aces of civd on midiary authorities, govarrowntal pnormes, fires, strikes, flood, opidemics, wars or riots provided Jam comee of the conditions cousin, such delay is given to the Purchaser within five (5) days of the time when Joe Seller lint received knowledge thereof. In rise event of any such delay, the date of delivery shall be extrnded for the period ryud a the mime ncmilly lost by rexwn of the delay. I L NONWAIVER. Failure of the Purchaser to insist upon strict performantt of the terms and moditioas hereof, failure or delay to exeram any rights or remedies provided herein aw or by l, failure to presently notify the Seller in the event of s breach the acceptance afar payment for goods hereunder or approval ofthe design, shall not mlw.x the Sell -of any of the warranties or obligations of this purchase older and shall not be deemed a waiver of any right of the purchaser to most upon stnet performance hamofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as many prior or subsequent default heaundeq nor shall any purawrod oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns homer. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller surd the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact blame by the Purchaser. Theretofore, forgoodaura and as Consideration for executing this purchase order, the Seller hereby assigns to the Punctuator any and all claims it may now have in hereafter acquired under federal w stale antitrust laws for such overcharges relating m the particular goals or services purchased or acquired by the purchaser paramount to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller mcortect non Conforming or dolbsurive goods by adate ro be timat upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall guy all Costs aemoimed with such work. The Seller shall release the Purchaser end its contractors of any riot from all liability and claims of any nature resulting from the performance ofsuch work. This alease shall apply an in she Carl of fault of negligence of the party belessed and shall extend as the directors, aDicer, and employees of such may. The Sellers contractual obligations, including warranty, shall non be deemed to be reduced, in any way, because such work is performed m caused ran bc performed by the Purchaser. 14. PATENTS. Whenever the Seller is required muse any design, device, national a process covered by lemer, patent, mdC.rL or copyright the Seller shall iodemnify and save harmless the Purchaser from any and all claims for inMr,emenn by reason of the use of such patented design, device, mmenal or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prooeertion or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such two held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its Crown. either procure for the Purchaser the right to continue using said cm,,raenl or pans, replace the same with substantially equal but noninGmging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller doll become insolvent or Contempt, stake an assignment for the benefit of creditors, appoint a rectioer or bwtce for any of the Sellers property or business, this order may forthwith be wrceled by the Purchaser without liability. 3. WARRANTY. 16. GOVERNING LAW. The Seller w9rtanIs that all goods, oracles, mmawls aM work covered by this order will Conform with applicable The definition afit. used or the interpretation oldie agarmont and the nghrs of all stria hermnder shall be drawings, spmfflanion, samples andlor w1a, descriptions given, will b, th for the purposes intended, and mounted under aM ggvemed by the laws ofthe Sate of Colombo, USA. performed with the highest degree of care and Competence in accordance with aaeepted standards for work of a similar namrc. The Seller agrees to hold the mobsow sables, fro any lass, damage or expense which the •• The following Additional Conditions apply only in cases where rise Seller is to perform work hereunder, Purchaser may suffer or incur on account Cal Sellers breach ofwamanty. The Seller shall replace, repair be make including the females of Sellers Repm,werine(s), on the premises of ofn. �. ,. good, without cost to the purchaser, any defects or faults arising within one year or within such longer pored of IZ SELLERS RESPONSIBILITY. time as may be prescribed by law or by the arms army applicable wamenry provided by the Seller der the date of The Seller shall carryon said work an Sellers own risk until the some is fully complied and accessed, and shall, acceptance of the goods famished hereunder ( tanreommom resulting from rmperfm Set not c inu of any accident, desferion or injury to the work and/or materials before Sellers final completion and y the e f goodsdelayedb or defective work done or lmaterialsafamished by the Seller. Acceptance or owed greed by the Purchaser shall nos constitute e a waiver orally claim under this warranty. Except as otherwise provided in this purchase going robe Sellers Complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials .• liabilityhereuoder shall extend to sit damagesproximardycausedbythe branch ofe. the og ' and equipment am famished by others far installation or election by the Seller, the Seller shall receive, acked, store and handle ante at rise ate and become responsible therefor as though such materials annUor equipmrnn Nof LIED RRANTes s. but such liaY O shall in Sant include loss of profits loss of roe. NO IMPLIED WARRANTY were being furnished by the Sella abler the olden. '0R MERCHANTABILITY 0R OF FITNESS FOR PURPOSE SHALL APPLY. .. O MERE N A 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal arms by women change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes Ig the norms, mher than legal teems, including additional to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written charge order. If any such change wmds the woman due or the time of perlbmmnce he amdo, an equitable adjustment shall be made. 6. TERMINATIONS. qbe Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grad then not shipped, subject to any equitable adjntmem between the parties as to any work or materials than in progress provided Just the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods andor work, for incidental or Consequential damages, anal that no such adjustment be made in favor of the Seller with respect too any goods which x the Sellers standard stack. No such temmiwtion shall relieve the Purchaser or the Seller ofully ofdat obligations as to any goods deliCard MreuMer. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment rent be asserted within thirty (30) days from the date the change or termination is ordered. P. COMPLIANCE WITH LAW. The Seller waranrs that all goads sold hereunder shall have been produced, sold, delivered and famished in slid compliance with 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 or evidence compliance. All laws and regulations r pair d to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser Paredes from all Coss aM damages suffered by the Purchaser as a result of the Sell. failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, manger. or convey this order, or any monies due or to became due hereander without the prior wrinm consent ofthe other parry. 10. TITLE. The Seller warrens bill, clear and wrcdnned title to the Purchaser for all equipment, materials, and items famished in performance of His agreement free and clear of any and all lies, restructure, reservations, security interest encumbmnces and claims of others. 18. INSURANCE The Seller shall, in his awn exp rse, provide for the payment of workers Compensation, including occupational disease bcncGu, to its employees employed on or in connection with the work covered by this purchase order, andoor to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry Comprehensive general liability including. but not innitel to, contractual and automobile public liability insurance with bodily injury and death limits of at lout $300,000 for any one person, gSW,JUJ for any one accusal :rod property damage limit per accident of $400,000. The Seller shall hat ise require his comorwams, if any, to provide for such campesation and insurance. Berore any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ceni0cate that such comperawron and insurance have been provided. Such cenificates shall specify the &te when such ompensation and insurance have been provided. Such certificares shall specify fie date when such compensation and ins m es, expires. The Seller agrees that such compensation and welcome shall be maintained until after the entire work is Completed oral accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller barely aasmnes file active responsibility road liability for my and all damage, loss or injury artery and r are whatsoever as person or propmy used by or rewhing from the execution of the work provided for as this purchase order or in Correction herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers oRcers, agents and employees from ab against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may be pm or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In Case any suit Or other proceedings shall be brought against use Purchaser, or its officers, agents 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, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to do@nd the same at the Sellers awn expo rso, to Pay any and all cosrs, changes, manneys fee. and other expenses, any and all judgmcns 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 other [am he placed upon or Climbed against the property of the Purchaser, or said parties in or as a resldt of such suits or other proceedings, the Seller will on once muse the same to be dissolvod and discharged by Rising beed or othewise. The Seller and his mnlracfors shall sake all safety pneaution, bullish and inull all guard necessary for the prevention of acci lar s, comply with all laws and regulations with regard to safety including, but without limitation, the Overprinted Safety and Health Act of 1970 and all rules and regulations barest pursuant mbemo. Revised 07C014