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HomeMy WebLinkAbout460534 STORM ROOFING AND SNOW REMOVAL - PURCHASE ORDER - 9111490City of art Collins PURCHASE ORDER Date: 0311112011 Vendor: 460534 STORM ROOFING AND SNOW REMOVAL PO BOX 271751 FORT COLLINS Colorado 80527 PO Number Page 9111490 'eft This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 03/11/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Replace existing roof at 200 W. Mountain with .45 mil TPO per 03/02/2011 proposal. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 39,446.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector Of Failure of the Purchaser to insist upon strict performance of the mms and conditions hereof. failure or delay to I nteral Revenue, Denver, Calmado (Ref. Colorado Revised Statutes 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 urn breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warramies or obligations of this purchase order and shall not be dcemed a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt of wrinen purchaser to insist upon strict perfomance hereof ar any of its rights or rcmedics as to any .such goods, reprdless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hemondu, nor shall any purported oral modification or rescission of this purchase order by the Purchaser opemw as a waiver of any of the tears Inspection. GOODS arc subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to This order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the pan of the City of Fort Collins. Howcvcr, it is in be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, averchergcs resulting From antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmccdures, violations are in fact borne by the Purchaser. Thcmunorc, for good cause and ss consideration for cxvooing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or lotmancr Freight Terms. Shipments must be F.O.U., City of Fan Collins. 700 Wood St., Pon Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the parricular goods Or services rdhenvise speeificd on this order. If pcnmission is given to prepay freight and charge separately, the original freight purchased or ncquired by the Purchaser pursuant to this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments arc made fmm greater distance. remains. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses rcquircd by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, 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 hamdess from and against all liability and Inns incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements, Authoriration. All panics to this contract agree that the representatives arc. in fact. bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Foochow Order expressly limits acceptance to the terms and conditions stated herein sct flub and any supplcmenmry or additional temw and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVER)'. PLEASE ADVISE PURCHASING AGENT immediately ifvon cannot make eomplcm shipment In arrive on your promised delivery date as noted. Time is of the essence Dclivm and performance must be effected within the time stated on the purchase order and the documents allachcd hereto. No acts of the Purchnscrs including, without limitation. acceptance of pauial late deliveries, shall operate as a waiver of this pmvision. In the event ofany delay, the Pumhascr shill have, in addition to other legal and equitable rcmedics, the option of placing this under 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 not reasonably fnrewezble which are beyond its reasonable control and Without its fault ofnegligence, such acts of God, acts nfeivil or military authorities, govcmmcntal priorities, fires, strikes, Rood, epidemics, Wars or riots 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 orally such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this aide, will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of uarranry. The Seller shall replace, repair or make gold, without cost to the purchaser, any defects or faults arising within one ( D year or within such longer period of time as may be prescribed by law or by the means of any applicable waves ty pmvided by the Seller after the date of acceptance of the goods fumished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done Or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as mhenvise pmvidcd in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wavanties or guarantees, but such liability shall in no event include loss of profits or loss Of use. NO IMPLIED WARRANTY OR MERCIIANTA13TLITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CIIANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns. including additions to or deletions from the quantities originally ordemd in the specifications or drawings, by verbal or written change order, If any such change offsets the amount due or the time ofperfornmance hereunder, an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics oa to any work or materials then in progress pmvidcd that the Purchaser shall not be liable for anv claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that an such adjustment he made in favor of the Scllcr with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchascrof the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ardcred. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heramder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods an subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference The Seller agrees to indemnify and hold the Purchaser hamiless Form all cost and damages suffered by the Purchaser as a result Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neitha parry shall assign, transfer, or convey this order. or any monies due or to beeonme due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser far all equipment, materials, and items Furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonamforting or defective ponds by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller illcm ter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he perfommed by the most expeditious nmcans available to it, and the Scllcr shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors array net from all liability and claims of any nature resulting from the perfnmranee of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, oRccrs and employees ofsuch perry. The Sellers contractual obligations. including wamnry, shall not be dcemed to be mdueal, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device. material or pmccss covered by letter, patent, trademark or copyright the Scllcr shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the conuacl, and shall indemnify the Purchaser for any cowl, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ancr the completion of the work. In case said cquipnent, or any pan thereof 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 option, either pow nc for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of ereditms, appoint a receiver 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 of terms used or the interpretation of the agreement and the rightsofall panics hercander shall be constmed under and governed by the Imes of the Sam of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Representntive(s), on the premises ofolhcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry na said work at Sellers man risk until the same is fully completed and accepted and shall. in ease of any accident, destruction or injury to the work and/or materials before Scllcr'., final completion and acceptance. complete the work at ScItce, on expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Scllcr, the Scllcr shall receive, nnlmd, store and handle same at the site and hceonc responsible therefor as (hough such mmcriuls and/or cquipmcnl were being furnished by the Scllcr under the order. IR. INSURANCE. The Scllcr shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed On or in connection with the work covered by this purelase onleu and/or to their depeldcns in accordance with the Imes of the state in which the murk is to be done, the Seller shall also carry comprehensive general liability including but not limited to, contractual Ind aummobile public liability insurance with bodily injury and death limits of at Icast S300.000 for any One pawn, 5509,0110 for any one accident and propcuy damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contmemrs employees shall do any work upon the premises of whets, the Sciler shall furnish the Purchaser with a certificam that such compensation and insurance have been provided. Such ecnificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hacby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to permns or progeny eansed by or resulting From the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchawrs officers, agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct an indirect. and whether to pecans or properly to which the Purchaser may be pm or subject by reason of any act union, neglcet. omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officm. agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees it any time on account or by reason of any act, action, ncglccl, omission or default of the Seller of any of his contractors or tiny of its or their omccm, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomeys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or Ihcir officers, agents or employees in such snits or other proceedings, and in case jndgnent or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other pmcccdings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or mhcrwise The Seller and his contractors shall take all szfcty prccmtlions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safcty and I Icelth Act of 1970 and all ales and regulations issued pursuant thctem. Revised 03/2010