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HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9117522City of �,.F.`o_rt Collins Date: 12/20/2011 Vendor: 262877 RTN ROOFING SYSTEMS 5854 LOCKHEED AVE LOVELAND Colorado 80538 PURCHASE ORDER PO Number Page 9117522 1of2 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: 12/20/2011 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Old Water Treatment Plant Provide all labor and material to remove existing slate roof, store slate on pallets on site, install 30# felt and shingles, etc. per RTN Roofing proposal dated 12/12/2011. ($12,548.00) WeatherGuard HP, Class IV Impact -Rated Dimensional Shingle upgrade per RTN Roofing proposal dated 12/12/2011. ($630.00) Lower roof work per RTN proposal dated 12/09/2011. ($2,647.00) Upper small roof work per RTN proposal dated 12/09/2011. 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 1 LOT LS Total Invoice Address: 16,378.00 $16,378.00 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 statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 9R.47,4502. Federal Excise Tax Exemption Certificate of Registry 84-60(f)(1587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and am not in be replaced except upon receipt of written instructions front the City of fan Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon mitt performance of the terns and conditions hereof, fnilurc or delay to exercise any rights or remedies pmvided herein or by law, failure to promptly notify the Seller in the event of s breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the wamnties or obligations of this purchnse order and shall not be deemed a waiver of any right of the purchaser to insist open strict performance hemn(ormy of its rights or remedies as to any such goods, regardless Of when shipped, received Or accepted, as to any prior or subsequent default hereunder, nor shall any purfou ed unit modification or rescission of this purchase order by the Purchaser opcnte as a waiver of any of the terms 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 on the pan of the City of Two Collins Howcs'er. 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 ofali applicable required inspection procedures. violations arc in fact bomc 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7(10 Wood St. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the panicular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or ncquiwd by the Purchaser pursuant to this purchase orden hill 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming of defective goods by a date to be agreed upon by the expected from the acaMst distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to he performed by the most expeditions means available to it. and the Seller shall pay all costs 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 authorty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless firm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements, Amhorivatim. All panics to this contract agree that the representatives are, in fact. bona fide and possess full and complete authority to hind said prunes, LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different teats and conditions proposed by seller art 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 ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached herein. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplming this order elsewhere and holding the Seller liable for damages. Honever, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its faalt of negligence, such acts of God, acts ofeivil or militaryauthorities, governmental prinrnics, Brcs, stdkes, food, epidemic, 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 of any .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, anidcs, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the porynscs intended. and paformcd with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. Thc Seller agrees to hold the purchaser harmless harm any loss. damage or expense which the Purchaser may softer or incur on account ofthe Sellers breach of wamnty. The Seller shall replace, repair fir make good. without cost to the purchaser, any defects or faults arising within one (1) year Or within such longer Period of time as may be presented by haw or by the terms ofnny applicable warranty provided by the Seller nficr the date Of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done fir materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wanri Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wnrantics or guammecs, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchase, may make changes to legal terms by written 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 form 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. fi. TERMINATIONS. The Purchaser may at any time by written change order, mainframe this agreement as to any or all portions of the goods then or shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmg . s pmvided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe 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 goods which are the Sellers standard stock. No such mmninmio t shall relieve the Purchaser or the Seller ofany of their obligations as to any grads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be .asserted within thirty (30) days front the date the change or termination is ordered. S. CON] PLIANCE WITII LAW, The Seller warrants that all goods sold hereunder shall have been pmduced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods me 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 hamdess from 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, mnsfer, or convey this order, or any monies due or to become due hemunda without the prior written consent ofthe other party. 10. TITLE. The Seller wamnis full, dear 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 and claims nfothers. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of faun of negligence of the par released and shall extend to the directors. officers and employees of such party. The Seller's contractual obligations, including womanly. shall not he deemed to be 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 save harmless the Purchaser from any and all claims for infringement by ma on of the use M such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser 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 o(the work. In ease said equipment. or any pan thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of mid equipment or pan 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 but noninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall hecome insolvent or bankrupt, make an assignment for the benefit of credimrs. appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftema used or the interpretation ofthe agreement and the rights ofall panics haennder shall be construed under and governed by the lawsofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the pmmises ofothers. 17. SELLERS RESPONSIIIILI'rY. The Seller shall carry m mid work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any occident, destruction or injury to the work roil/... materials befrc Seller's final completion fad acceptance, complete the work at Seller's own expense and to the satisfaction o(thc Purchaser. When materials and equipment arc furnished by others for installation or credion by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible thcmfor as though such materials and/or equipment were being furnished by the Seller underthe order. IS. INSURANCE. The Seller shall. at his own expense. pmvide for the payment of workers compensation, including occupational disease benefits. 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 ofthe state in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, conhactnal and automobile public liability insurance with bmtily injury and death limits of at (cast 5300.000 for any mac person. S500,000 for any one accident and pmpeny damage limit per accident of S400,0(hy The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall do nny .work upon the premises ofmhem, the Scllcr shall famish the Purchaser with a ee"ifi,rm that such compensation and insurance have been pmvided. Such certificates 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 Scucr agoces that such compensation and insurance shall be maintained until finer 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 inlury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution offlm 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 Mficem, agents and employees fmm and against any and all claims, Imses, 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 Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents of employees. In ease any suit or Other proceedings shall be bmught against the Purchaser, or its officers. agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same nil the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses. any and all judgments that may he incurred by or obtained against the Purchaser or any of its or their oficem. agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny of the Parchoscr, or said panics in or as a result ofsuch suits of other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all gttards necessary for the Prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, the Occupational Safety and Ilerlih Act of 1970 and all cola and regulations issued pursuant thereto. Revised 03/2010