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HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9121578City of �,.F,.�ort Collins Date: 03/16/2012 Vendor: 262877 RTN ROOFING SYSTEMS 5854 LOCKHEED AVE LOVELAND Colorado 80538 PURCHASE ORDER PO Number Page 9121578 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/16/2012 Buyer: OPAL DICK Note: Line Description Quantity/ UOM Unit Price Extended Orderer{ Price BUILDING IMPROVEMENTS 525/12/7176 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 LS 11,321.00 Total $11,321.00 Invoice Address City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns 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. NONWAIVER. 98- 502. Federal Excise Tax Exemption Certificate of Registry 84-60ft is registered with the Collector of Failure of the Purchaser to insist open strict perfnmtanee of the terms and conditions hereof. failure m delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1913. 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 ofor payment for good hereunder or approval ofthe design. shall not release the Seller of Grinds Rejected. GOODS REJECTED doe to Pollurc to meet specifications, either when shipped or due to defects of tiny of the wamatics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchvren m insist upon strict perfnnnanee hereofor any of its rights or remedies ns to any such gonds. regardless instructions fmm the City Of Fort Collins. of when shipped, received Or accepted, as to any print or subsequent default hcro, ..ndcr. nor shall any purported am n odifi cat inn or rescission of this purchase order by the Purchaser npemte is a waiver of any of the terms Inspection. GOODS arc suhlcnt to the City of Fart Collins inspection no arrival, be,cnf. Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OFANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Puahuser recognize that in actual economic practice. overcharges resulting from amitmst ACCEPTANCE is dependent upon completion ofill applicable required inspection pnmcdurcs, violations are in fact borne by the Purchaser. Theretnf m. for good cause and as considcntinn for executing duos purchase order, the Seller hereby ossigns to the Purchaser any and rill chorus it may now hc ]love on crenner Freight Tems. Shipments must he F.O-B., City of Fort Collins. 7M Wcod St.. Fort Collins. CO 90522. unless acquired under federal or state antitrust Imes for such Overcharges relating to the pnniculm goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchnscd or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional churges for packing will not be accepted. Shipment Distance. Whcrc numuflcmrcm have distributing points in various pans of The country, shipment is expected front the nearest distribution point to deslinminn. and excess freight will be deducted from Invoice when shipments arc made from gmater distance. Permits. Seller shall procure at sellers sale cost all necessary pemits, certificates and licenses required by all applicable laws, regulations, ordinances and mlcs ofthe state, municipality, territory or political subdivision where the work is perfomcd, or required by any other duly constituted public authority having jurisdicf ion over the work of vendor. Seller further agrees to held the City of Fen Collins hamiless fram and against all liability and loss incurred by them by reason of on vs. en d or established violation of any such laws, regulations, ordinances, rules and requirements. Authoriz Lion. All panics to this contract agree that the representatives arc, in fact. bona fide mud possess full in([ complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set fanh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different term and conditions pmpood by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipmcnf to arrive on your promised delivery date as noted. Time is ofthe essence Delivery and perfomance must be effeclM within the time stated on the purchase order and the documents anaehed herder. NO acts of the Purchasers including. without limitation, acceptance Ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have in addition to other legal and equitable remedies, the option ofplacing Ibis order elsewhere and holding the Seller liable for damages. Howcecr, the Seller shall not be liable for damages is a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and n'ithoof its fault of negligence. inch acts of God, vets ofcivil or military malion ics, governmental priorities, fires, strikes. Rood, cIndcmics, wars car riots provided that notice of the conditions causing such delay is given to the Purchuser within live (5) days of tlm time when the Seller first rcacivM knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the Period equal to the time actually last by reason of fire delay. 3. WARRANTY. The Seller w;mnms that all goods. articles materials and work covered by this order will conform with applicable drawing,, specifications, samples and/or other descriptions given, will be fit for the Purpascs intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of i similar nature. The Seller agrees to hold the purchaser hamlcss from any loss, damage or expense which the Purchaser may stiffer or incur on account of the Sellers breach of wwmnty. The Seller shall replace. repair or make good. wifhmn 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 Isms ofany applicable warm. my provided by the Seller after the date Of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or materials furnished by the Seller. Acceptance or rise of goods by the Purchaser shall nor constitute a wniver ofany claim under this on at,. Except as othc,,i,c provided in flue purchase mdeq the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warn mfics or guarantees, bill such liability .aholl in no event include loss of profits or loss of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal toms by written change order. 5. CHANCES IN COMMERCIAL. TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quan ifics originally ordered in the specifications or drawings, by vahm Or oriucn change order. If any such change affects the amount due ar the time ofperfomancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as in any or all ponions of the good, then Out shipped, subject to any equitable ndjustment between the parties is to any wnrk or materials then in progress provided that the Purchaser ,hall flat be liable for any claims for anticipated prolits on the uncompleted portion of the goods and/or work, for incidental or consequential damages. and that no such ndinsmrent be made in favor of the Seller with fespcct to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchascror the Seller ofany oftheir obligations as to any goods delivered hcrcundcr. 7. CLAIMS FOR ADJUSTMENT. Any elan... for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller variants that all goods sold hcrcundcr shall have been pmluccd, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subjed. The Seller shall execute and deliver such documents as maybe required to effect or evidence compliance. All laws and regulations required to be incorporated in agfecments of this character arc heeby inenrpnmted herein by this reference. The Seller agrees In indemnify and hall] the Purchaser harmless from all costs and damages suffered by the Poirchaur as a result of the Sellers failure to con.ply with such law. 9. ASSIGNMENT. Neither party shall assign, made,, or convey this order. crone monies due an to bveomc due hereunder without the prior written consent of the other party. 10. TITLE. The Seller wamnts fill], dear and unrestricted title in the Purchaser for ill cenipment, nmteoilc ind items furnished in perfomvnee of this agreement free and clear of any and all liens, restrictions lgeo'ationv, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct ounconfoming or defective grads by a date to be agreed upon by the Purchaser and fire Scllcr, and the Scllcr Ihercaflcr indicates its inability or unwillingness to comply, the Pnrchnser may cause the wnrk to be performed by the most expeditious means available to it and the Seller shall pay ill costs associmcd with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance nfsuch work. This release shall apply even in the event of fruit of negligence of the party rdcased and shall extend to the directors, officcm anti employees of such party, The Seller's contractual obligations, including wmmmry, shall not be 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 Icner, patent. trademark or copyright. the Scllcr shall indemnify and same 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 ,boll indemnify fire Purchaser for any cost. expense or damage .which it may be obliged to pay by reason of such inbingement at any time during the prosecution or after the completion of the work In case said cquipnrant. or any part thcrcof or the intended use of the goods, 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 porcine for the Purchaser the right to continue rising said equipment or pans, replace the same with substantially equal but noninfringing equipment or mn.dify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shell been mc insolvent or Innknipt make an assignment for the benefit of creditors, appoint a receiver or tnsstee for any of the Sellers pmpery or business, this order may forthwith be canceled be the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the imctprdetion offhc ogmcmcat and the rights ofall panics hcrcnndcr shall be consoned under and governed by the laws ofthe State of Colorado, USA. The following Additim.m Conditions apply only in cases where the Scllcr is to perfom work hcrcundcr, including the scn•iccs of Scllcr, Representative(,), on fire pmmiscs nfather,,. 17. SELLERS RESPONSIBILITY. The Seller shall cum on ,aid work nt Sellers own risk until the some is fully compleed and accepted, and shall, in ease of any accident, dcstmetion or injury to the work and/or materials before Scllcrs final completion and ncteptance, comp]co, the work at Seller's own expense and to the satisfaction of fire Purchaser. When materials and equipment arc banished by Others for installation or erection by fire Seller, the Seller shall receive, unload. ,tore and handle ,,are ul the site and become responsible douxur as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, if his own expense, pmvide for the payment of workers compert ition. 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 ,tare in which the work is to he done. The Seller shall also tarty comprehensive general liability including, but not limited in. contractual and automobile public liability incunnee with luxiily injury and death limits of at (cast S300,000 for any one person. 5500.060 for anv one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractorsif any, to pmvide for arch compensation and insumn¢. Before anv of f in Sellers Or his contractors cmp]mecs ,hall do nny work upon the preinises of other, fire Scllcr shall furnish the Purcbscr with a ccnifinate that such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance have been pmvided. Such certificates shall specify foe date when such enmpensmino and insurance expires. The Seller agrees that such compensation and insurance shall be ninumincd until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entice responsibility and linbilily for any and all damage, loss or injury ofany kind or nature whmsmewcr to persons ar property cmo,d by On resulting front the execution of fire work provided for in this purchase order or in connection herewith. The Seller will indemnify ond hold harmless the Purchaser and anv or all of the Punchtiscrs officers, agents ind employees from and against any and ell claims Ins,cs. domagcs. charges or expenses, whedmr direct or indirect and whdhcr to persons or pmpcny to ashich the Purchxer mxv he put or adjeet by reason of any act action. neglect Omission or default on file pan of the Scllcr, nny of hi, enmoctors. or any of the Sellers or contractors ofccm, agents or empinyces In case are 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, neglect, emission or default of the Scllcr of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller herchy agrees to essmnc the defense thereof and to defend the ,,are at dhc Sellers own expense, to pay any and all costs. charges, annmcys fees and other expenses, any and all judgmrents that may be incurred by or obtained agninsl the Purchaser or any of its or their nfHccm. ,agents or employees in such suit, or other proceedings, and in ease judgment or Other lien he placed upon or obtained against the property of the Purchaser. or said parties in Or as a result ofsueh suits or other proceedings. the Seller will at once cause the same in be dissolved iad dishargcd by giving bond mother-itc. The Seller and his contractors shall fake all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Ima:s and regulations with regard to safety including, bill without limitation, the Occupational Safety and Heath Act of 1970 and ill mlcs and regulations issued pursuant Ihcrcto. Rcviscd 0312010