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HomeMy WebLinkAbout124317 ADVANCED ROOFING TECHNOLOGIES - PURCHASE ORDER - 3307236( drdiffibisx, City of FortCollins Page Number: 1 City of Fort Collins Date: 11/20/03 Purchase Order Number: 3307236 Delivery Date: 11/20/03 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note Line Oty/Units Description Extended Price 1 1 LOT 16,434.00 REMOVE & DISPOSE OF EXISTING SHINGLES. INSTALL OWENS-CORNING PRO 30 ARCHITECTURAL LAMINATED SHINGLES AS PER CONT Total This order Is rtQlhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 Phone: 970.221.6775 Fax: 970.221.6707 Email: info@ci.fortcoliins.co.us $16,434.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Condition I. COMMERCIALDETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to City of Fret Collins Accounting Division P.O. Box 580 Fort Collins, CO $0522 Tax exemptions. By smote the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejecter GOODS REJECTED due to failure m mat specifications, either when shipped or due to defects of damage in brown, may be resumed to you for credit and are not to be replaced except upon receipt of written instmerims from the City of Fort Collin. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Recaps ofthe merchandise, services or equipment in respms, in Nis order can moult in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Stationers must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given in prepay freight and charge separarely, the original freight bill must accompany invoice. Additional charges for packing will not he accepted. Shipment Distance. Where manufacturers have distributing was in comes parts of the country, shipment is expected from the comes, distribution point to destitution, and excess freight will be deducted from Invoice when shipments are made fimn greener distance. Permits. Sella shall procure a sellers sole cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinason and miss ofthe state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority havingjunsdiction ova the work of vendor. Sella further opens to hold the City of Fort Collins harmless from and against all liability and Ims incurred by them by reason of at asserted or established violation of my such laws, regulations, ordinances, roles and requirements. Amh mxra ion. All parties to this convect agree (but the representatives ar'e, in fact, Was fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein set forth and my supplemen ay ce additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you carminative complete shipment to wive on your ,normsed delivery daze re acted Time is ofthe on. Delivery and performance matt be effected within the time stated on the purchase order and the docmners attached hereto. No was of the Purchases including, without lumustim, sentiment of petal late deliveries, shall operate as a waiver of this provision. In the event of my delay, the Pmchaza shall have, in addition m other legal and equitable semedis, the option ofplming this order elsewhere and holding the Sella liable for damage, However, the Sella shall not be liable for damages is a result of delays due in causes not reazasbly foreseeable which are beyond is reasonable control and without its fault of negligence, such was of God, am of civil or military authorities, govemmented priontim. fires, strikes, flood epidemics, was or nos provided that notice of the wndidon cawing such delay is given to the Purchaser within five (5) days of the time when the Seller find remved knowledge thereof In the event of my such delay, the date of delivery shall be extended for me period equal to the time actually lest by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this coda will conform with applicable drawings, specifficandows, smryls and/or other descriptions give, will be fit for the puryws intended and performed with the highest degree of care and competence in acwrdma with accepted standards for work of a similar stare. The Seller agrees to bold the purchaser hemdess from my Ins, damage or expense which the Purchna may suffer or incur on count ofthe Sells breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser my defees or faults wising within one (1) year or within such longer Period of time az may be presented by law or by the toms of my applicable warranty Provided by me Seller afterthe date of acceptance of the goods fumished hereunder (acceptance not in be unreasonably delayoch, rasuding from imperfect or defective work date in materials fumished by the Seller Acceptance or use of goods by the Purchaser shall not constitute a es of my claim ender cods warranty. Except an otherwise provided in this purchase order, the Sellers liability haewda shall extend to all damages presumably caved by the breach of any of me foregoing warranties or guinwtees, but such liability shall in an event include Was of profits in loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tams by wrinew change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any change to me temp, other dun legal terms, including additions to in deletions form the quanfities originally submit in the specification or drawings, by verbal or written change mda. If my such change affects the amount due ea the time of performwce hereunder, an equitable adjumnent shall be made. 6. TERMINATIONS. The PerrcM1ma may at any time by woman change order, terminate this agreement as to any or all ponims of the goods men not shipped, subject m my equitable adjmonsom between the pasties as in my work or materials then in progress provided that the Pmchmer shall not M liable for my clams for anticipated profits m the uncompleted ponds ofthe gods andror work, for incidental or consequesual damages, and thin no such adjustment be made in favor ofthe Sella with raped to my Bands which are the Seiler mankind sock. No such termination shall relieve the Purchaser or the Sella of my of their obligations in to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim far adjustment most be interest within mirty(30) days from me dare the change or termination is adored. 8. COMPLIANCE WITH LAW. The Sella wamans mat all goods sold haeunda shall have been produced, sold, delivered and furnished in strict compliant with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents u may be required in effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser hwadew from all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with each law. 9. ASSIGNMENT. Neither party shall sesign, uarsfer, or convey this coda, or any mmies due win become due herewwo without the prior written consent of the other party. 10 TITLE The Sella wamws fail, clan and unrestricted title to the Purchaser for all equipment, materals, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. I I. NONWAIVER. Failure of the Purchases to insist upon stria pedommrce of the terms and conditions hacof, failure or delay to exercise any rights or remedies provided herein or by Into, failure to promptly notify the Sella in the event of a breech, the inception 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 be deemed a waiver of any right of the purchaser to moral upon strict performance hereof many of its rights or remedies as to any such goods, regardless of whom shipped received or accepted as to any prior or subsequent default heieunda, nor shall any purported mad modification or rescission of this purchase coda by the Purnsser operate as a waiver of any of the rams hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purehaer recognize that in actual economic practice, overcharges resulting from antimust violations art in fan borne by the Purchaser. Thesemfore, for good reuse and az conideretion for aerating this purchase aria, the SellaM1aeby assigns to the Purchaser any and all claims it may now have or hereafter acquired wade federal or state antitrust lases for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant on this purchase soda. 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a daze to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates is inability or unwillingness to comply, the Purchaser may cane the work to be performed by the now, expeditious means available to it and the Sella shall pay all costs newitu red with such work. The Sella shall release the Porchaza and its connacmrs of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault ofnedigrnce ofthe party released and shall extend to me directors, offices and employees of such party. The Sellers contractual obligations, including warrmry, shall no Ise dated to to rodared, in my way, bemuse such work is performed or tamed to bo performed by the Purchaser. 14. PATENTS. Whereverthe Sella is required to we any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save M1arm1es the Purchaser from my and all clams for inMngement by reason of the use of such patented design, device, material or prtess in connection with the contact, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my time during the prosecution a after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or Isar is enjoined, the Sella shall, at in own expense and a[ is option, either procure for the Purchaser the right to continue wing said equipment or pars, replace the same with substantially equal but non -infringing equipment, or modify it on it becomes non -infringing. 15. INSOLVENCY. If the Seller shall become insolvent or bsnkrupt, make an assignment for the benefit of creditors, appoint a receiver on trustee for my of the Sellers properly in bwiness, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the moratorium of the sgrament and the rights of all parties h smadin shall be construed unda and governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in cues where the Sella is to perform weak hereunder, including the services of Sellers Repruenotivas), on the premises of others. 19. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury 0 the work and/or materials before Seller's final nominee and seveptmce, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser When materials and equipment are famished by owes for installation or erection by the Seller, the Sella shall reserve, unload, smrc and hurdle same a the site and become responsible therefor we though such materials mdlor equipment was being fumished by the Sella under the or'da. IS INSURANCE. The Sella shall, az his own expense, provide for me payment of workers comprnsatim, including mammonist disease w efis, to is employees employed on or in connan. wit the work covered by this purchase coda, and/or to their depemens in accendunce with the laws of the more in which the weak is to be done. The Sella shall also carry comprehensive gmeml liability including, but nor limited to, cmttacmal and automobile public liability instraince with bodily injury and ham limits of at least $300,00(1 for my me person, S500,000 for my we accident and property damage limit per accident of $400,000. The Sella shall likewit toucan, his connaetms, if my, m provide for such compensation and insurance. Before my ofthe Sellers or his contractors employees shall do my work upon me premises of others. me Sella shall banish the Purchaza with a crtficate thin such compenatim and insurance have best provided. Such certificates shall specify the date when such compenatim and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires, The Seller ogres thin such a mprnmtion and insurance shall be maintained mail after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby wastes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property, caused by or resulting from the execution of the weak provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and my or all of the Purchasers offices, opens and anployea from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchua may be put or subject by ream of any act, action, neglect omissim ea default on the pan of the Seller, my of his contractors, or my of the Seller or connamrs officers, agents or employees. In raze my suit or omer praadings shall be brought against the Purchaser, in is offices, opens ea employees at my time on account or by reason of my act notion, neglect, minim or default of the Sella of my of his cmtrmtas or my of its or their officers, crew or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses, my and all judgments; that may be incurred by or adjacent against me Purchaser a my of is or their in.., agens or employees in such was or wher moceedings, and in me judgment our other lira be placed upon or obtained spans, the property of the Purchaser, or sad posies in or is a result of such suits or tuba proceedings, the Sella will a race cause me same to be dissolved and dischargedby giving bond or otherwise. The Sella andhie convatms shall take all safety precautims, famish and install all gutds necessary for the prevention of accidents, comply with an laws and regalariess with regard we set* including, but without limitation, the Oonpatiowl Safety and Heals Ad of 1970 and all rates and regulations issued moment thereto. Revised I Il9