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HomeMy WebLinkAbout460534 STORM ROOFING & SNOW REMOVAL - PURCHASE ORDER - 9120303 (2)City of Fort Collins Date: 01/19/2012 PURCHASE ORDER Vendor: 460534 STORM ROOFING & SNOW REMOVAL PO BOX 271751 FORT COLLINS Colorado 80527 PO Number Page 9120303 1o12 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: 01/19/2012 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price Street's Facility Remove and dispose of wind -damaged EPDM roof. Install 1/2 inch fiber board. Install new pipe flashing, and new 60 mil EPDM. Remove and replace two skylights. Replace damaged vent pipes. Includes a three-year warranty. C3. O✓la:s�Q� 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 18,265.02 Total 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 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAI VER. 95-04502. Federal Excise Tax Exemption Certificate of Registry 94-(A(g587 is registered with the Collector of Failure: of the Purchaser to insist neon strict performance of the tents and conditions hereof, failum or delay to Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance afar payment for goods hereunder or approval ofthc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to moo specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict Perfomance hercoforany ofits rights or remedies as to any such goads, ma gdlccs insmetians from the City of Fort Collins. of when shipped, received or accepted. as to any prior or subsequent default hernmder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tells Inspection. GOODS are subject to the City of Fort Collins inspection on anneal. herce E. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can rcsnit in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howwer, 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 are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Scllcr hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teats. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fart Collins. CO 90522, 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 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. When 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 Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the work to be perfumed by the moll expeditious means available to it and the Seller shall pay all costs associated with such .cork. Permits. Seiler 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 jurisdiction over the work of vendor. Seller funher 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, onlinanees, odes and nquinmcom Authorization. All panics 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 terms and conditions stated herein set forth and any supplementary or additional tells and conditions annexed hereto or incorporated herein by reference. Any additional or different hems and conditions proposed by seller are objected to mad hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipmcm 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 hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis pmvision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable nmcdics, the option ofplueing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably facroseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts ofeivil of military authorities, governmental politics, fires, strikes, Rood, epidemics, 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 Seiler 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 wamnts that all galls, articles, materials and work covered by this order will conform with applicable dmwin_gs, specifications, samples andlor ocher 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 Seiler agrees to hold the purchaser Formless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwarrnty. The Scllcr 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 wamnry provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fnm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver afnny claim under this wamnry. Except as otherwise provided in this purchase order. the Scllcrs liability hereunder shall exceed to all damages proximately caused by the breach of any of the foregoing wnmatics or guarantees, 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. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal tents 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 fnm the quantities originally ordered in the specifications or drawings, by verbal or wrincn 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, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjusment between the panics m to any wark or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goals and/or work, for incidental or consequential damc and that no such mdiUmormal he made in favor of the Seller with respect to any goods which are the Sellers standinl stock. No such termination shall relieve the Purchaser or the Scl let of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents its 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 refereace. The Seller agrees to indemnify and hold the Purchascr harmless from all costs 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 ofthe other patty. 10. TITLE. The Seller wamnts 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, tescrvations, security interest encumbrances and 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 parry released and shall extend to the directors, ofriccrs and cmplevces ofsuch party. The Seller's contractual obligations, including wamnry, shall not he dcemed to be reduced, in any way. 1weause such work is performed or caused to be performed by the Purchascr. 14. PATENTS. Whenever the Seiler 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 fnm any and all claims for infringement by reason of the use of such patented design, device, material or pmecss 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 of the work, In case said equipment or any part thereof or the intended use of the gads, is in such suit 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 procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes anninfringing. 15ANSOLVENCY. If the Seller shall become insolvent or bunkntpt 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 definition, of terms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be consumed underand governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in costs where the Seiler is to perform park hereunder. including the sm ices of Sellers Rcprcscntativdsl, on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wort: 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 Sclices final completion and acceptance, complete the work at Scllcfs 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 and/or equipment were being furnished by the Seller under the order. 18, INSURANCE. The Scllcr shall, at his own expense, provide 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 of the state in which the work is to he done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and nummnbile public liability insurance with bodily injury and death limit of at (cast 5300,000 for any one person. 5500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any ofthe Scllcrs or his contractors employers shall do any .work upon the premises ofothers, the Seller shall fornish the Purchaser with a ertficate that such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until afterthe 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 ofany kind or nature whatsoever to persons or property caused by or resulting fnm the execution ofthe work provided for in this purchase order or in connection herewith. The Seiler will indemnify and hold hamless the Purchaser and any or all of the Purchasers offtccm. agents and employccs from 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 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 use 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 act. action, ncglcet, 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 assurne 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 officers. agents or emplovers in such suits or other proceedings, and in case judgment or other lien be 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 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, famish and install all guards necessary for the pmacntion 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 rules and regulations issued pursuant therem. Revised 03/2010