HomeMy WebLinkAbout262677 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9120515City of
F,.6rt Collins
Date: 01/27/2012
Vendor: 262877
RTN ROOFING SYSTEMS
5854 LOCKHEED AVE
LOVELAND Colorado 80538
PURCHASE ORDER
PO Number Page
9120515 1 of 2
This number must appear
on all invoices, packing
slips and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS Colorado 80521
Delivery Date: 01/26/2012 Buyer: JAMES HUME
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket order to
cover the cost of miscellaneous labor/materials
for fiscal year 2012 per bid #7082. All services
shall be ordered by City Facilities department only.
All completed services must be accompanied by an
invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
U
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
10,000.00
$10,000.00
Invoice Address:
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 oremptions. By statute the City of Fort Collins is exempt (rem state and local taxes. Our Exemption Number is 11. NONWAI VER.
98-fW502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchawr to insist upon strict perfomanee of the terms and conditions hereo( failure or delay to
Internal Revenue, Denver. 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 a
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 wamnties or obligations of this purchase order and shall not he deemed a weivcr of any right of the
damage in transit, may be miumcd to you for credit and are not to be replaced except upon receipt of written purclmsr to insist upon strict pert rmance hemofor any of its rights or remedies as to any such goods, rtgardlcss
instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hermindcr. nor shall any Purlmrted
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof.
Final Acceptance Receipt of the merchandise, wrvices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to he orders, and that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitnist
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby as,igns to the Purchaser any and all claims it may now have or hereafter
Freight Terms Shipments must be F.O.B., City of Fen Collins. 700 Wood St.. Fort Collins, CO 80522. unless required under federal or state antitrost Iran 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 freight purchased or acquired by the Purchaser pursuant 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 front the nearest distribution point to destination. and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made from gmater distance. may cause the work to be perfromed 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, termory 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. rules
and mquircmcats.
Authorization All parties to this contract agree that the representatives are. in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tcmis and conditions stated
herein set forth and any supplementary or additional minas and conditions annexed herein or incorporated herein by
reference. Any additional ordifferno term., and conditions proposed by sclleram objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on year
promised delivery dare as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the docament,s anached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpanial 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 of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault of ncgl igcnec.
such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics. wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within fire (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 of the delay.
3. 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 care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any Ions. damage or expense which the
Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Sellershall replace, repair or 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 prescribed by law or by the tams ofany applicable warranty provided by the Seller it the date of
acceptance of the goods famished 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 ninny claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately catered by the breach of one of the foregoing wammics
or guamn(ces, bra such liability shall in no event include loss ofpmfits or Ions ofuse. 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.
5. CHANGES IN COMMERCIAL TERMS.
The Pmehaeer may make any changes to the terms. other than legal terms, including additions to or deletions fruit,
the quantities originally ordered in the specifications or drawings, by verbal or written change ome,. If any such
change affects the amount due or the time of perfomanee hereunder, an equitable adjutment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement not to way or all portions of the
good then net shipped. subject to any equitable adjoetmrnt between the panics as to any work or materials then in
progress provided that the Purchaser shall not be liable fm anv claims for anticipated Profits no the uncompleted
portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Scllcr with respect to any goods which arc the Scllem standard stock. No such termination shall (clime
the Purchaser or the Seller of any of their obligations as to anv goods delivered heeunder.
7_ CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or Icrminatinn is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all gads sold hereunder shall have been produced, sold, delivered and fumishcd in strict
compliance with all applicable lases and regulations to which the goods are subject. The Seiler 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 from all crisis and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all equiprent, materials, and items furnished
in perfomanee of this agreement, free and clear of any and all liens, restrictions, reservations security interest
encumbrances and claims ofothers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nmuue
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
i irectem. olliccts and employees ofsuch party.
The Seller's commctual obligations, including wamaty, shall not be deemed to be reduced, in any way. because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
\Vlwnceer the Seller is required to use any design, device. material or process covered by letter, Patent, trademark
or copyright. the Sellershall indemnify nod save brimless 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 Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any part thereof or the intended ow 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
Pnrchrwr the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment. or modify it so it becomes noninfringing.
15.INSOLVENCY.
If the Seiler shall become insolvent nr 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 he the
Purchaser without liability.
16. GOVERNING LAW.
The definitions oftems used or the interpretation ofthe agreemenl and the rights ofall panics hereunder shall be
construed under and governed by the laws ofthc State of Colorado. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Scllcrs Representalive(s), on the ptcmiscs ofothcrs.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers 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 Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment am famished he others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle some at the site and become responsible therefor as though such materials and/or equipment
were being finished by the Seller under the order.
19. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease herefils, 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 Public
liability insurance with bodily injury and death limits of at (cast S300,000 for any one person, S500.000 for ony
one accident and proper, damage limit per accident of S400.000. The Seiler shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors
employees shall do any work upon the premises etchers. the Seller shall famish the Purchaser with a ect ificatc
that such compensation and insurance have been provided. Such certificates shall specify the (late when such
compensation and insurance have been pmvided. Such ecnifieaics shall specify the date when such eompcnsmion
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 bacby assumes the cmire responsibility, and liability far any and all damage, loss or injury ofany kind
or nature whatsoever to Persons or Property caused by or resulting fmm the csecutiun of the work provided for in
this purchase oNeror in connection hcravith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employers from and against any and nil claims, losses damages,
charges or expenses, whdher direct or indirect. and whether to perwas 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 Scllcr, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In caw any suit or other
pmccon ings shall be brought against the Purchaser, at its oRcers, agents or employees at any time on acemmr or
by remain of any act. action, neglect, omission or default of the Seller of any of his contractors or any of it or
their officers, 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, attorneys fees and other expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their effects.
agents or employers in such suits or other pmcceding,, and in case judgment or other lien be placed upon or
obtained against the pmperty fthe Nuchascr, or said panics in or as a result ofsuch suits or other Proceedings,
the Seller will at once cause the samelo be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety ptccantions, furnish and install all guards accessary for the prevention of
accidents. comply with all laws and regulations with regard to safety including, but withrn0 limitation, the
Occupalional Safety and Health Act of 1970 and all mles and regulations issued pursuant thcmm.
Revised 03/2010