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HomeMy WebLinkAbout484824 DENALI ROOFING - PURCHASE ORDER - 9111825City of Fort Collins Date: 04/01/2011 Vendor: 484824 DENALI ROOFING 6944 ROSEMONT CT FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9111825 1 of 2 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: 04/01/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Lincoln Center Admin Area - Install fully adhered 45 mil TPO roofing membrane per proposal from Denali Roofing dated March 4, 2011 Due to deterioration, some roof drain work may be necessary (Not Included). Issue 2-year workmanship warranty and 15-year manufacturer's labor & materials warrantv. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, 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 Total Invoice Address: 17,825.00 $17,825.00 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 st9rum the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). cxemisc any rights or remedies provided heroin or by low, failure to promptly notify the Seller in the event of A breach, the acceptance ofor payment for goods hereunder or approval of the design. shall not release the Seller of Gads Rejected. GOODS REJECTED due to failure to meet specifications, either wham shipped or due to defects of any of the warrenticv or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in Transit may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any ofits rights or remedies as to any such goods, mgmdlcss instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent def,ault hereunder. nor shall any purlorted ,mad modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the term liespection. GOODS are subject to the City of Four Collins inspection on arrival. hereof. Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in 12. A SSIGNM ENT OF A NTITRUST CLA IRIS. Authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize That in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcmafier Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St, Fort Collins. CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services otherwise specified on this order. If pernission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser putsmmnt to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller Ihcrenfier indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work to be performed by the must expeditious means available to ih and the Seller shall pay ail costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary portraits. certificates and licenses required by all applicable laws, regulations ordinances And rules 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 Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order exprccly limits acceptance to the terms and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or dificrent term and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries. shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing 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 not reasonably foreseeable which am beyond its reasonable commit and without its fault of negligence, such acts of God, acts ofeivil or military authorities, governments] prlodties, fires. strikes, 0a+d, epidemics. wars or nuts provided that notice of the conditions causing such delay is given to the Puchaser within Eve (5) drys of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall be cmtended for the period equal to the time Actually lost by reason ofthe delay. 3.WARRANTY. The Scllcr warrant that all gad. articles, materials and work covered by this order 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 Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defmL%err faults arising within one (1) year or within such longer period of time as may be prarribcd by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materizls famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss oflnei or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY, 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Pumhascr may make any changes to the terms, other than legal terms, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. 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 parties as to any work or materials then in Progress provided that the Purchaser shall not be liable for any claims for anticipated pmFits on the uncompleted pinion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any gad which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all gad sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc 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 harmless fmm all costs and damages suffered by the Purchaser as a result Af the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies duc or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller warrants full, clear and amostricted title to the Purchaser for all equipment, materials. and items famished in peformnce of this agreement, fire and clear of any and all liens, restrictions, reservations, security interest cneombernecs end claims of others. The Seller shall release the Purchaser and its contractors 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 of negligence of the party released and shall extend to the dircemrs, officers and employees ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to tow any design, device. mnterial or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Pnrchascr for any cost, expense Or damage which it may be obliged to pay by reason ofsuch infringement At any time during the prosecution 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 and the use of .said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal hit noninfringing equipment or medify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, 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 Mremw used or the interpretation ofthe agreement and the right ofall panics hereunder shall be construed under and governed by the Imes of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Rcprescntativc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's Final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or oration by the Seller, the Seller shall receive. unload, store and handle same a1 the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I B. INSURANCE. The Seller shall, at his own expense, provide for the pnvment of workers compensation, inchalmg oaopntinnal disease bcALFits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. contractual and automobile puhlic liability inaunncc with hnlily injury And Tenth Grohs of at least S300,000 for any ono person. S500,000 for any one accident and property damage limil per accident of S400,000. The Seller shall likewise require his contractors, if any, to pmvide for such emnpensution and insurance. Before any of the Sellers or his cmuractors employees shill do any work upon the premises ofothcrs, the Seller shall famish the Purchaser with a certificate that such compensation and iasimnee have been provided. Such certificates shall specify the date when such compensation and insurance have neon 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 a0cr the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or Arnim whatsoever to persons or progeny caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pnrchascr and any or all of the Purchasers Affects, agents and entployces fmm 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 act, action, neglect, emission ar default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors effects, agents or employees. In case any soil or other proceedings shall be brought against the Purchaser. or its Affects, agents or employees at any time on account or by reason of any act. action, neglect. omission or default of the Seller crony of his contractors or any of its or their ARcets, 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, atromcys fees and other expenses. any and all judgments 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 judgmcat or other lien be placed upon or obtained against the property of the Purchaser, err said panics in or as a result of such suits or other proceedings, the Seller will At once cause the same to he dissolved and discharged by giving bond or otherwise The Seller and his contractors .Shall take all safety precautions. famish 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 Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010