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HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9121012PURCHASE ORDER PO Number Page City Of 9121012 1 of z � } Collins This number must appear ` on all invoices, packing slips and labels. Date: 02/17/2012 Vendor: 262877 Ship To: PARK MAINTENANCE RTN ROOFING SYSTEMS CITY OF FORT COLLINS 5854 LOCKHEED AVE 413 S BRYAN LOVELAND Colorado 80538 FORT COLLINS Colorado 80521 Delivery Date: 02/17/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Replace roof Edora Ballfield 1 LOT LS 18,781.00 Restroom WO# P12-01 Total $18,781.00 9-m� 2. Oi'lR::D4 �e_ 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Font. Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Port Collins is exempt Form state and Ircnl taxes. Our Exemption Number is 11. NONWAI VER. 98-110502. Federal Excise Tax Exemption Certificate of Registry 94-60110597 is registered with the Collector of Failutc Of the Purchaser to insist upon strict perfnmenee of the terms and conditions hereof, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statures 1973. Chapter 3R,26, 114 (a). exercise any rights or remedies pmvidcd herein or by laws 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 Goads Rejected, GOODS REJECTED due to foilare to meet specifications, either when shipped or due to defects of any of the wamntics Or obligations of this purchase order and shall not he deemed a oniver of any right of the damage in transit may be returned to you for eralit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfnnnancc hercofor any of its rights or remedies us to nny such good,. regmAless notoctions from the City of Fort Collins. of when shipped, received or accepted, as to any prior Or subsequent default hereunder, nor shall ray purported and mndifcution or rescission of this purchase enter by the Purchaser operate a, a waiver of any Of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on minvol. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymont on the part of the City of Fort Collins. Houxvcr. it is in 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 Procalures, violations are in fact home by the Purchaser. Theretofore. for Ford cause and as consideration for executing this purehaw 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 Fan Collins, 700 Wood St.. Fan Collins, CO 80522, unless acquired under federal or state antitrust laws 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 normal 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 Whem mannfncmtcm have distributing points in %u ions parts of the country, shipment is If the Purchaser direct the Seller to correct noneonfnrming or defective goods by a date to be agreed upon by the expected four the nearest 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 cruse the work to be perforated by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. Permits. Seller shall pmcurc at sellers sale cost all necessary permits. eertificates 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 aork of vendor. Seller further agrees to hold the City of Fort Collins hamlcas front 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. Authorimflon. All parties to this contract agree that the repacmivalives arc, in fact. bona fide and passers full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Icons and conditions stated herein set f rb and any supplementary or additinnal tells and conditions annexed hereto or incorporated herein by reference. Any additinnal or different tans 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 Oa your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within fire time stated on the purchase order and the dmuments 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 Purchawr shall have, in addition to other legal and equitable remedies, the option Of placing this Order clscwhem and holding the Seller liable for damages. Hossover. 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 fault of negligence. such acts of God. act of civil or military authorities, governmental pricruics, foes, strikes, flood, cpidcm ics, wars or riots provided that notice of the conditions causing such delay is given to the Pumhascr within five (5) days of the time when the Seller first rcccived knowledge thereof, In the event of any such delay, the date Of del terry shall be extended for the period equal to the time actually lost by reason of the 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 he fit for the pnrpnscs 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 fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wammy. The Seller shall 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 he prescribed by law or by the terms ofany applicable wage my provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed). resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofaay claim under this wamnty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmntics or guarantees, but such liability shall in no event include loss of profits 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 change, to legal lerms 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 from the quantifies originally ordered in the specifications or drawings, by verbal or .written change order. If any such change affects the amount due or the time ofperformance 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 nut shipped, subject to any equitable adjustment between the panics as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated pmtits 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 Food which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any cads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is nnlcnd. A. 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 good are subject The Seller shall execute and deliver such document as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character ore hereby incorporated bercin by this reference. The Seller agrees to indemnify and hold the Purchaser hamdes Term all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 written consent ofthe other parry. 10. TITLE. The Scllcr,,aeons. full, clear and unrestricted title to the Purchaser for all equipment materials and items famished in Performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contmctars of my tier from all liability and claims of anv nature resulting Tom the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. Officers and employees oLsueh party. The Scllcrs contractual obligations, including warmnry. shall not be deemed to be reduced. in any way. because such work is performed at 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 so%c harmless the Purchaser from any and all shims for infringement by reason of the ase of such palcumd design, device, material or pmecss in connection with the contract and shall indemnify the Pnrchascr for any cost, ,.,pease or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or ahcr the completion of the work. In case said equipment or any part thereof or the intended use of the goods, is in such snit 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 pmcurc for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but mninfringing equipment or modify it so it bceomes 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 Scllcrs property or business, this order may forthwith be canceled by the Purchaser without linbilirv. 16. GOVERNING LAW. The definitions ni'mrms used or the inicr uctation ofthe agreement and the rights ofall parties hereunder shall be consumed trader and governed by the Imes ofthe State of Colnmdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services Of Scllcrs Representative(,), na the premises nfothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of nny 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 Purchaer. When materials and equipment arc famished by Others for installation or ercction by the Seller. the Seller shall receive, unload, store and handle same at the site and became mspnnsible therein, a, though such materials and/or equipment seem bring furnished by the Seller under the order. IX, INSURANCE, The Scllcr shall, at his own expense. provide for the payment of wakers compensation, including occupational di,casc bcnefts, to its employees employed on m 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 in be done. The Seller shall also tarty comprehensive general liability including, but not limited to. contractual and automobile public liability in,urnnea with bodily injury and death limits of nt leas, S300,000 for any one persmr, S300.000 for a — one accident and pmperty damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such enmpensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the premises of others the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. 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 Scllcr agrees that such compensation and insurance shall be maintained until after tire entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller herchy rssnmcs the entire respnn,ibility and Iiabilily for any and all damage. loss or injury of my kind or nature whatsoever to persoms or progeny caused by or resulting fmm the execution of the work provided for in this purchase order or in connection heren'ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents Ind employees form and against any and all claim,. losses, damages, charges or expenses. whether direct or indirect and whether to persons or property In ohich the Purchaser may he put or xnbj¢t by reason of any act action, neglect. omission or default on the part of the Scllcr, any of his contractors, or any of the Sellers or contractors officer;, agents or employees In ease any suit or other proceedings shall be bought against the Purehawa or its olfcem, agents or employees at any time no account or by reason of any act action, neglect omission or default ofthe Seller of any of his contractors or tiny of its 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, attoricys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchnwr or any of its or their nffcets. agents or employees in such suit or other proceedings, and in caw judgment or other lien he placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will al once cause the same to he dissolved and discharged by giving bond or otherwiw. The Seller and his contractors shall take all safety pmcautinns, 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 parsuanl thereto. Revised 0312010