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HomeMy WebLinkAbout460671 RM2 PROPERTIES LLC - PURCHASE ORDER - 9145348PO PURCHASE ORDER 914534er Page C117/ of PURCHASE 45348 1012 ' `t Collins( his number must appear ` V " , 1 on all invoices, packing sli s and labels. Date: 09/16/2014 Vendor: 460671 RMI2 PROPERTIES LLC 320 E VINE DR SUITE 101 FORT COLLINS CO 80524 Ship To: CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST- 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 09/16/2014 Buyer: PAUL, GERRY Note: Line Description Quantity UOM Unit Price Extended Ordered Price NC Bioscience Cluster Award 1 LOT LS 5,700.00 Total $5,700.00 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from some and local taxis. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifieate of Registry, 84-6000581 is registered with the Colombo of Intcmal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifcuions, either when shipped or due to defects of damage in torma t, may be resumed to you for credit and are trot to be replaced except upon receipt of women instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. Final Acceptance. Receipt of to merchandise, ser equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. however, it is to be understood toot FMAL ACCEPTANCE; is dependeut upon completion of all applicable required inspection procedures. Freight Terms. Shipments noun be F.O.B., City of Fort Collins, goo Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. Upermission is given W factory freight and charge separately, the original freight bill most mromwnv invoice. Additional thanes for makers, will not be accepted. Shipment Distance. Where manufacwrcrs have distributing points in various parts of the country, shipment is expected from the neared distribution point to destination, and excess freight will be JednoteJ from Invoice when shipments arc made from greater distance. Permits. Seller shall prouure at sellers sole cost all necessary permits, certilicams and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory, or political subdivision where Ns, work is pnfo,med, or required by any other duly co.dm ed public authority having jurisdiction over the work of vendor. Seller handler agrees to field the Ciry of Fort Collins hand. form and against all liability and loss incarmad by mom w by rsun of an asserted or established violation of any such laws, regulations, ordinances, roles and requirements. Authoritarian All panics m this cammct agree that me repmantiva are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance To me moms and conditions stated bureau set fond and any supplementary or additional terms and conditions annexed hereto or misinformed hared. by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejemed 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot mike complete shipment to active on your promised delivery date as noted. Time is of the essence. Delivery and performantt most be effected within the time voted on the purchase order and the domme..,.had hereto. No act, of the Purchaser, including, whom laudation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In to ,or of any delay, the Purchase, shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damage. However, The Seller shall not be liable for damage . a result of delays due to catem, not wasomably foreseeable which arc beyond its mawable control and without its fault of negligence, such acts of God, acts.(civil or military authorities, goveramental priorities, fires, strikes, Bond, epidemics, ears or riots provided that notice of the conditions rousing such delay is given to the Purchase within five (5) days of The time when The Seller first received knowledge dement In The event of any such delay, The dale of delivery shall be extended for the period egal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all grads, articles, mmerials and work emened by this order will Oxide. with applicable drawings, specifeations, samples maker other descriptions given, will be fit for the purposes inteaed, anal performed with the highest degree of care and competition, in accordance with accepted standards for work of a unilar nture. The Seller agrees m held The purchase, hanndess from any loss, damage or expense which the Purchaser may sulfa or incur on wroum ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without ever to the Purchase, any da fecm or faults an,ing within one (I) year or within such longer period of into as may be Prescribed by law or by the Inns of any applicable warranty provided by the Seiler after the dam of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting Boom imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not coas.orTo a waiver of any claim under this wo cony. Except as otherwise provided in this purchase order, the Sells liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wormmies or garantres, but such liability shall'in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purthsse, may make changes m legal rams by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the teems, offer than legal toms, including additions m or deletion from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change atfeca The amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaer may many time by women charge order, terminate this agreement as W any or all portion of the goods Then not shipped, subject to any equitable adjustment hareem the panic as at any work or mammals then in progress provided that the Pufchow, shall not be liable for any claims for anticipated profits on The uncompleted portion of the goods maker work, for incidental or cons ,comial damages, and that no such mljustmenr be made in favor of the Salle, with respect te any grads which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller of any oftheir obligation se to any goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mart be asserted within thirty (30) drys from be date the change or ,,—,—ban u ordered 8. COMPLIANCE WITH LAW. The Seller warren that all goods sold hereunder shall have been produced, sold, delivered and furnished in quiet compliance with all applicable laws and regulations m 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 minimal to be incoryooded in agreements of this character arc hereby incmpommd herein by This reference. The Seiler agrees to indemnify and hold the Purchmef harmless from all roses and damages suffered by the Purchaser as a result of the SCUM failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or any monies due or in become due hereunder without me prior winner consent ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to fire Purchaser for all equipment materials, and items franothed in performance of this agreement free and clear of my and all liens, raffiche s, reservations, security interest mcumbmnces and claims ofomm. 11. NONWAIVER. Failure of the Purchaser no insist upon strict performance of the terms and conditions hereof, failure or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. my acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not boo deemed a waiver of any right of the purchaser to insist upon strict Performance hereof., any of its rights w remedies. to any such goods, minister, of when shipped, received or accepted, as many prior or subcqued default hereunder, nor shelf any purported oral modification or rescission of This purchase order by the Purchaser operate as a waiver of any of the terms hereof, 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end the Purchaser obagaiae that in actual exonamine practice, overcharges resulting from antitrust viol [iore ns a. fact home by the Purchaser. Theretofore. for good cause and is consideration for executing this purcbau order, me Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or smite, purchased or acquired by die Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seiler to co mat wourafomring or defective goods by is date to be agreed upon by he Purchaser and the Seller, and the Seller Thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perfumed by me most expedhixus means available to it, and the Seller shall pay all ears -secured with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any awre, molting from me mmonation, cfsuch work. This release shall apply even in the event of fault of negligenre of The party released and shall extend To The directors, officers and employees of such party. The Seller's commerical obligation,, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whcnm e, the Seller is mquired to use any design, device .,coal or process mvercd by letter, pater, rmdemark or copyright for Seller shall indemnify and save brandies Ne Purchaser from any and all claims for infringement by rc.. of me use of such patemad design, do, ice material w process in cannecdon with the emoser, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by mason cfsuch infringement at any time during the prveecut vac 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 suit held to constitute infringement end the use of said equipment or pan is enjoined, the Seller shall, at us own expense and .t it, option, either procure for the Purchaser the right to continue using said equipment or puts, replace the some wit substantially equal but noninGnging equipmem, m modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall barrow insolvent w Footwear, take an assignment fro he benefit of readimrs, appoint a or trustee far any of the Sellers porosity or bsirmcs Nis order may fonhwhh be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defni0o..Rams used.1 he interyfetation ofthe agreement and Ns, rights ofall parties hereunder shall be construed under and gx,.cd by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in case, where the Seller is to perform work bcreunde, including the services of Sells R,mwT tive(s), on Ns, premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and weapon. and shall, in e of any accident destruction or injury to the work and/or mmeri is before Sellers find completion and cw,mner, complete the work at Sellers own expinewand to the satisfaction of the Purchaser. When materials and equipment as, famished by others for installation or erection by The Seller, me Seller shall receive, unload, store and handle same at the site and lyeraanrrx waltomible therefor. tough such materials make, equipment were being! isbM by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, proved, for the payment of workers compensation, including wcupadoal disease benefits, to its employees employed on or in connection wit The work covered by this purchau oNer, and/or to their dependents in accordance with the laws of the saute 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 bexhly injury and death limits of m lest $300,000 fur any one person, S500,000 fur any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any. to Provide for uch compensation and inareare. Before any ofthe Seders or his contractors employees shall do any work upon the premises of olhmo, do, Seller shall famish the Parchrome wit a cenincae that such c na,muntian and insurance have ban provided. Such es, ahem s shall specify the dare when such compensation and i.umnce have been provided. Such car ifnest. shall specify The date when such incapacitation and imumnce expires. The Seller curves that such compensation and isurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever m person or property caused by or resulting from to execution ofthe work provided for in Nis purcbae order or in connection herewith. The Seller will indemnify and hold haodess me Purchase, and any r all of the Purchasers oRcers, agents and employces Imm and against any and all claims, lasses, damages, charges or expenses, whether dine, or indirect as whodur to persons or property, ro which to Purchaser may but put or subject by resod of any act, action, neglect, omission or default on the part 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 the Purchaser, or its officers, agents or employees in any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his Tommemn or any of its or their offer , agents or employees . aforesaid, the Seller hereby agrees to .some the defE.e thereof and to defend the same at The Sellers awn expense, to pay any and all cons, charges, attorneys fees and other e,te.es, any and all judpptenls that may be incurred by or obtained against the PurOlsser of any of its car their effects, agents or employees in such sues or .ter proceedings, and in ease Judgment or other lien be placed upon or obtained again, the Property of the Pumh.n, am said parties in or. is result of such suits or .ter proceedings, the Seller will at owe cause fie same to be dissolved and discharged by giving bond or otherwise. The Seller and his convectors shall coke all safety precautions, famish and install all goads necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without foindion, the Occupational Safetyand Health Act of 1970 and all rulesand regulations issued pursuant Therate. Revised 0712014