HomeMy WebLinkAbout460671 RM2 PROPERTIES LLC - PURCHASE ORDER - 9150577Fort Collins
Date: 01/26/2015
Vendor: 460671
RMI2 PROPERTIES LLC
320 E VINE DR SUITE 101
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9150577 11o12
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: 01/23/2015 Buyer: PAUL, GERRY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 RMI2 Contribution
BFO Offer 46.1
4��,Flii
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
1 LOT LS
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order'I'errns and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By rea um the City of Pon Counts is exempt Even state and local taxes. Our Exemption Number is
11. NONWAI VER.
98-O4501 Federal Excise Tax Exemption Cmifcae of Registry 84-6000587 is regideral with the Call.., of
Failure of the Purchaser o, insist upon strict performance of the terms and conditions hereof, failure or delay ro
Interval Revenue. Deaver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure no promptly notify the Seller in the event of a
breach, the acceptance ofor payment for good heeunder or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet spmifremmns, either whin shipped or due to defecs of
any of Ne .lies or obligations of this purchase order and shall azt be deemed a waiver of any right of the
damage in hamit. may be seemed Ira you for credt and are ter to IK replaced except upon receipt of written
purchase( in msid open strict performance histamine any of its rights or remedies as in any such goods, regardless
instructions from the City of ion Collins.
of when shipped, received or acerpred, as many Prior or subsequent default hereunder, ter shall any imported
mal modification or rescission of this purchase order by the Purchaser operate as a waiver of any ofthe renow
Ingmction. GOODS are subject to the City ofFon Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services, or equipment in response to this order on result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorised payment on the pan of dic City of Too Collins. However, it is to he understood that FINAL
Sell, and go Purchaser megrim Nat in actual economic pmdce, oem berges resulting from antitrust
ACCEPTANCE is dependent upon completion of all applicable mmuird inspection procedures.
violations are in fact home by the Pumhas,. Theretofore, for good muse, and as enoslderation for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have m hereafter
Freight Terms. Shipments must he F.O.B., City offor Collins, 700 Wood St, Fort Collins, CO 80522, unless
acquired under federal or state -It., laws for such overcharges relming to the particular good or services
otherwise specified on this order.Ifpetmlssiin is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser parsuant to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Din:mee. Where manufacturers have distributing points in us pans of the country, shipment is
If the Purchaser directs the Seller In corect rnonconforming or defective gods by. date to be agreed upon by the
of eetd Gam the nearest distribution paint to demfination, and excess eight will be deducted Gum Invoice when
Purchaser and the Seller, and the Seller thermfler indicates its inability or unwillingness to comply, the Purchnm
shipment' are made from greater distance.
may cause the work to be pert rod by the most expeditious mores available to it, and the Seller shall pay all
costa associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary pemtis, cerrifcalm and licenses required by all
applicable laws, regulations, ordinances and roles ofthe stare, municipality, u,nmry or political subdivision where
robe work is pert monk or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fart Collins harmless from and against all liability and loss
incurred by them by rose. of an averred or established violation of any such laws, regulations, ordinances, rules
and requirements.
Authorization. All parties to this contract agree Out the mpresenmtives are, in fact, born fide and posters full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order eapressly limns acceptance Ira the come and conditions scud
herein set limit and any supplementary or additional terms and mirdiumes ammxed Remo, or incorporated herein by
reiterative. Any additional or different¢mans and coMr.. proposed by seller are objected m and hereby mjectd.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you nonnor make complete OrManuo arrive on your
promised delivery date as noted. Time is of the resume. Delivery and performance, most be eficmed within the time
stated on the purchase order and the documents attached herein. No actor of the Purchasers including, without
limitation, acceptance ofpamd Ire deliveries, shall operate as a waiver of this prevision. In the event of any delay,
the Purcha cr shall have, in addition to other legal and equitable remedies, the option ofpiacing this order elsewhere
and holding the Seller liable for damages. Howes',, the Seller shall not be liable for damages as a result of delays
due to causes not resonably foreseeable which arc beyond its reasonable madol and without its fault of negligence,
such acts of Gal, acts of civil or military antbn dies, governmental prain ies, Gres, strikes, Rood, epidemics, won or
dints provided that notice of the conditions causing such delay is given to the Purchaser 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 Had equal ti the time actually lost by reason fthe delay.
3. WARRANTY.
The Seller woman, that all goods, articles, materials and work covered by this order will conl'omt with applicable
drawings, specifcmi.... samples and/or other descriptions given, will be fit for the purposes intended, and
performed 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 farm any lass, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer prod of
time as may be pre,entasl by law or by the manta of my applicable worznry provided by the Seller aRer the date of
acceptance of the goods famished heeunder (acceptance not be unreasonably delayed, resulting from imperfect
or defective work done or materials f cidd ed by the Seller. Acceptance or use of goods by the Purchaser shall not
institute a waiver of any claim under this woman, Except as otherwise provided in this purchase order, the Sellers
Inability hemudcr shall extend to all damages proxlanarely caused by the breach if any of the foregoing warranties
or guarantees, but such liability shall in no event include lass of profits or lass if use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purch's, may make changes to legal .tams by wrinm change order.
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additioas to or deletions from
me quantities originally entered in Ne spxifrarmas or drawings, by verbal or woman change order. If any such
change affects the amour due or the time if,erfor mar ce hereunder an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by worm change order, terminate this agreement as to any or all portions of fire
goods then not shipped, subject to any equitable adjustment between the pries as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated Profits oa the uncompleted
portion of the goods antler work, for incidental or consequential damages, and that no such Montreal be made in
favor of the Seller with raspect n any good which are the Sellers standard stick. Ni such termination shall relieve
the Purchaser it the Seller of any oftheir obligations as to any goods delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thimy (30) days from the date the change or emninclion is
indicted,
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shill Rave been produced, sold, delivered and banished in stria
compliance with all applicable laws and regulations to which the goads are subject. The Seller shall execute and
deliver such documents as may be sectored ro effect or evidence compliance. All laws ad regulations required m be
incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to
indemnify and bold the Purchaser harmless from.11 costs and damages suffered by the Ptirchassair to is Result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, tr (firm. or convey this order, or any monies due or in become due hereunto without the
'floe waive maser of mines party.
I O. TITLE.
The Seller wmmans full, clear and umestrimed rifle to the Purchaser for all egtipmek materials, and it. fumishd
in perfonmame of this agreement, free and clear of my and all hers, restrictions, revanatiam, aauriry intered
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
reselling from the ii,dinmance of such work.
This releue shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers ad employees of such parry.
The Sellers contractual obligations, including warranty, shall not be dermal to be reducer, in any way, because
such work is performed or caused to be performed by the Purehsser.
14. PATENTS.
Whenever the Seller is required or use any design, device, trutdol or process coveml by lever, patent, hademmk
or copydghr, the Seller shall indemnify and save harmless the Purchaser from any mil all claims for infringement
by reason of the use of such p remtd design, device, material or prtxess in connection with die mnrmct, and
seal indemnify the Purchaser fro any east, expense or damage which it may be obliged in pay by reason ofsuch
infringement at any time during the prosecution or after the completion of the work. In now said equipment, or
any pan Hereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or Pan is enjoined, the Seller shall, at its own expense and at its oplim, either procure fro the
Purchaser the right to continue using said equipment or puts, Replace the same wilt substantially equal but
noninMnging equipment, it mdify it as it becomes noninGtnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an acsignmear for the benefit of credimrs, appoint a
receiver or rnsree for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation of the agreement pod the rights or.][ parties hereunder shall be
construed under and governed by the Taws ofthe Sum ofCulomdo, USA.
The following Additional Conditions apply only in where the Seller is to perform work hereund,,
including the services of Sellers Represrntative(s), on thecases
premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall,
in more of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are furnishd by others for installation or emcdon by the Seller, the Seller shall receive, united,
store and handle same at the site and become raporsible therefor m though such materials ad/ot equipment
were king famished by die Seller under the order.
18. INSURANCE
The Seller shall, at his own expiator, provide for the payment of workers mmpnasation, including occupational
disease benefits, to its employees employed on or in correction with the work covered] by this pumban, order,
purger to their dependents in azcordvme with the laws of the stem in which the work is to od done. The Seller
shall also carry comprehensive general liability ineludin& but net limited to, co coma tual and automobile public
liability inaururee with bodily injury and death limns of or least SJ RR. fur any one Paso. 5500,000 or, any
me accident and porosity damage limit per accident of 5400,000, The Seller shall likewise rwNire his
contractors, if any, ca provide for such compensation and insurance. Before any of me Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall fimmish the Purchaser with a cemifcate
that such compensation and insurance have been Provided. Such certificates shall specify the date when such
compensation and instance have been provided. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agrees that such compensation and Insurance shall be maintained until after the
mine work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury if any kind
or nature whatsoever to persons or property caused by or resulting tram the execution ofthe work provided for set
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers effort, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may
be put or subject by reason of any net, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or any of the Sellers or contractors oRcam, agents or employees. In case my suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time in account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or my of its or
their othcem, agens or employees as aforesaid, the Seller hereby agrees to assume the defense Hereof and to
defend the same ed the Sellers awn expense, to pay any and all ends, chugs, atmrneys fees and other expenses,
any and all judHnents pet may be incurred by or obtained agoras the Purchaser or any of its or their officers,
agents or employees in such suits or other p rkedings, ad in can, judgment or other Jim be placed upon or
obtained against the property of the forecaster. or said parties in or as a result ofsuch suits or other pr«eeemp.
the Seller will at once cause the same to be dissuhed and discouraged by giving bond or otherwise. The Seller and
his conraactors shill rake all safety precaution, famish ad iastall all gavels necessary for the prevmtiin of
accidents, comply with all laws ad regulations with regal to mfny ineludin& but without limitation, the
Occupatioml Safety and Health Act or 1970 ad all roles and regulations issued pursuant dismiss.
granted O72014