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HomeMy WebLinkAbout318518 ACC ROOFING LLLC - PURCHASE ORDER - 9112862City of Fit Collins Date: 05/18/2011 Vendor: 318518 ACC ROOFING LLC 1713 E LINCOLN AVE UNIT B3 FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 9112862 1of2 This number must appear on all invoices, packing slips and labels. Ship To: DRAKE WATER RECLAMATION CITY OF FORT COLLINS 3036 ENVIRONMENTAL DRIVE FORT COLLINS Colorado 80525 Delivery Date: 05/18/2011 Buyer: JOHN STEPHEN N ote: Line Description Quantity UOM Unit Price Extended Ordered Price CONSTRUCTION SERVICES 1 LOT LS ROOF REPLCMNT SCUM PUMP STATIO PER PROPOSAL DATED MARCH 31, 2011 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 Total Invoice Address: 8,725.00 725.00 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 starge the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 99-04502. 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 terms and conditions hereof. failure or delay In Internal Revenue, Dcnvcr. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance of or 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 dcfeas of any of the wammics or obligations of this purchase order and shall not be dimmed a waiver orange right of the damage in transit, may be rctumed to you for credit and are not to be replacod except ,firm receipt of written purchaser to insist upon strict performance hercofnr any THIS rights or remedies as many such goods, regardless instructions from the City of Fort Collins of when shipped. received or accepted, as to any prior or subsequent default hereunder. nor shall any purpartod oral modi fieation or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Von 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. anthoriud payment on the pan of the City of For Collins. However, it is to be undershwd that FINAL. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting firm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchase, Theretofore, for good cause and as considemtiou for executing this Purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms, Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Pan Collins, CO 90522, unless acquired under federal or state amitm,st Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original (night purchased cr acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. I3, PURCHASERS PERFORMANCE OI' SELLERS OBLIGATIONS. Shipment Distance. Where manmfacturcrs have distributing points in Various pans of the country, shipment is Ifthe Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by le expected from the nearest distribution point to destination, and excess freight will he deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its iinhility, or unwillingncc to comply, the Purchaser shipments arc made front greater distadec. may cause the work to be perfonned by the most expeditious means available to it, and the Seller shall pay all cost, associated with such work_ Permits. Seller shall procure at Sellers sole cost all necessary permits, 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 jurisdict inn 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 arm asserted or established violation of any such laws, regulations, ordinances rules and requirements. Authoriration. All parties to this contract agree that the representatives am, in fact, brain fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the gems and conditions stated hcrcin set forth and any Supplementary or additional toms and conditions annexed hereto or incorporated herein by reference, Any additional or different gems 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 premised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchase order and the documents Touched hereto. No acts of the Purchasers including, without limitation, acceptance ofpari.I 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 anger 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 arc beyond its reasonable control and without its fault of negligence. such acts ofGod, acts ofcivil or military authorities, governmental priorities. Gres. Strikes, flood, epidemics, seats or riots provided fl m 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 o(amy such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason ofthe delay. }.WARRANTY. The Seller warrants that all goods, 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 Scllers breach o(wamnty. The Scllcr shall replace, repair or make good, without cost to the purchaser. any defects or fault, arising within one (1) year or within such longer period of time as may be prescribed by laxto by the tans of any applicable wamnty provided by the Seller ancr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting From imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser Shall not constitute a waiver of any 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 ofany of the foregoing warmntiec or guarantees, but such liability shall in no event include loss ofpmhts 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 more; by wrimet change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the connote, originally ordered in the specifications or dmwinge, by verbal or wriren change order. If any .such change affects the amount due or the time ofperfomance 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 Partings of the goods then not shipped, subject to any equitable adjustment bctwccn the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pearls on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and char no such adjustment be made in favor ofthe Seller with respect to any'goods which are 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 mast be assencd within thirty (30) days from the date the change or lerminntion is ordered. g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver Stich documents as may be required to effect or evidence compliance All laws and regulations regnircd to be incorporated in agreements of this character are hereby incorporated herein by this rcference. The Seller agrees to indemnify and hold the Purchaser hamdess treat all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with Such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the Prior "Then consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances vad claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims army nature resulting fmm the performance ofsueh work. This release shall apply even in the event of !.atilt of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller', contractual obligations, including wamnty, shall not he deemed to he reduced. in any way. because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and cave harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design. device, material or fiercest, in connection with the contract and shall indemnify the Purchaser far any cost. expense or dantagc which it may be obliged to pay by reason of such infringement al any time during the prosecution air after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in Stich suit held to constitute infringement and the use of Said equipment or pan is enquired, the Seller shall, at its own expense and o its option, either procure for the Parehaser the right to continue using said equipment or part, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insulvenl or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or bastes for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liabilitv. 16. GOVERNING LAW. The defrutions of toms used or the interprctstion of the agaecmem and the rights of all parties hereunder Shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllers Represcre ive(s), on the premises ofothms. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work it Seller's own risk until the sane is fully completed and accepted, and shall. in ease of any accident destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work al Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same at the site and become responsible therefor as though such materials angler equipment were being famished by the Seller under the ortler. IS. INSURANCE. The Sel let shall. at his mvn expense, provide for the payment of workers compensation, including occupational d i.... c benefits. to its employees cn,,I.yml on or in connection with the work covered by this purchase under. and/or to their dependents in accordance with the laws of the state in which the work is to be done The Scllcr shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ago least S110,000 for any one person. S500,000 for any one accident and property damage limit per accident of 5400,000, The Seller shall likewise require his contractors, if any, m provide for such eomfiensmlon and insurance. Before any of the Sellers or his contracors employees shall do any murk upon the premises of others, the Scllcr shall famish the Purchaser with a ecrificmc that such compensation and insurance have been provided. Such ecrtifierics shall Specify the dam when such compensation and insurance have been provided. Such certificates shall specify the date vehen such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is conrplctcd 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 am, kind or nature whatsoever to person or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employca fount and against any and Al 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 omission or default on the pan 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 at any time on account or by reason of any am, action, neglect. omission or default of the Seller crony of his contractors or any of its or their ulficcrs..gents 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, atiomcys 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. .gents Or employees in such snits or other pmccedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in air as a result ofsueh suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise The Scllcr and his contractors shall take all surety precautions, furnish and install all guards necessary for the prevention of accidents comply with all laws and regulations with regard to safety including, but without Imitation. the Occupational Safety and Health Act of 1970 and all ales and regulations issued personal thereto. Revised 03/2010