Loading...
HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9122002PURCHASE ORDER PO Number Page City Of 9122002 1 of 2 Fort Collins This number must appear ` ,�_J`-' ` on all invoices, packing slips and labels. Date: 04/05/2012 Vendor: 262877 Ship To: DRAKE WATER RECLAMATION RTN ROOFING SYSTEMS CITY OF FORT COLLINS 5854 LOCKHEED AVE 3036 ENVIRONMENTAL DRIVE LOVELAND Colorado 80538 FORT COLLINS Colorado 80525 Delivery Date: 04/0 /2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Install roofing 1 LOT LS 10,129.00 per WO #RTN-WRF-2012-5 and quote dated March 8, 2012 Total $10,129.00 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 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. Rv rogue the City of Fort Call ins is exempt from state and local taxes. Our Exemption Number is 98-0,1502. Tribal Excise Tax Exemption Certificate of Registry 84-fi(W587 is registered with the Collector of internal Revenue. Denver, Colorado (Ref. Colorado Revised Starnes 1973. Chapter 39-26. 114 (n). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either xhen shipped or doe to defeats of damage in transit. may he roomed to you for credit and arc not to be replaced except upon receipt of wriuco instructions from the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof failure or delay to exercise any rights or remedies provided herein ear by law. failure to promptly notify the Seller in the event of a breach. the accepaace ofor payment for good hereunder or approval ofihe design, shall not release the Seller of any of the wamntic, or Obligations of this purchnsc order and shall not be deemed a waiver crone right of the purchaser to insist upon strict performance hereoforany ofits rights Or remedies as to any such goods. regnrdlecc of when shipped, received or accepted, as :a any prior or subsequent default hereunder. not shall any purpOned oral modification or rescission of this purchase Older by the Purchawr operate as a varier 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 an the pan of the City of Pon Collins, However, it is to be nndc.tnod that FINAL Seller and the Purchaser recognize that in netual economic practice, twerchnrges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Parchxse. Theretofnrc, for good enac and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hcrr.imr Freight Tams. Shipments must he P.O.W. City of Fort Collins, 700 Wood St. Fan Collins. CO 90522. unlcss acquired mnfcr federal or state antitrust laws for such overcharges reining to the particular goods Or services otherwise specified on this Order. If permission is given to prepay freight and charge separately, the miginaI freight purchased or acquired by the Purchaser pursuant ill this purchase order. hill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufseturcts have distributing points in various pans of the country, shipment is If the Pnrchnscr circles the Scllcr to correct nonconforoung or defective goods by a date to he agreed upon by the expected from the nearest distrlbninn point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or mnvillingncss to comply, the Purchaser shipments arc made fmm greater distance. may cause the work in be perfar lal by the most cspcditiO ,, means available to it, and the Seller shall pay all costs associated with sac, work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and rates of the .state, municipality, territory or political svinlivision wife,, the work is performed, or required by any other duly constituted public aOth.nry haviogjurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against Al liability and loss incurred by them by reason of fin asserted or established violation of any such laws. rcgulationa, anlin niccs, odes and requirements. Authorization. All panics to this contract agree that the representatives are. in fact. bona Ode and pmsscss fail and complete authority to hind said parties. LIMITATION OF TERMS. This Purehae Order expressly limits acceptance to the terms and conditions stated herein set forth and any suppicmcmary or additional tans and conditions annexed hereto or incorporated herein he reference. Any additional or different tans and conditions proposed by seller arc objected Formal hereby micceed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to force on year premised delivery date as noted. Time is critic 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 ofpanial late deliveries, shall operate as o waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order clscw'here and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not rci nnably foreseeable which arc beyond its reasonable control and m thous its fmdt Ofnegligence, such acts of God, acts efeivil 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 Pnrchnscr within five (5) drys of the time when the Seller Post 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 mamnt, that all grads. articles, materials and work covered by this onier will conform wills applicable drawings, specifications, samples and/or other descriptions given, will be fit for the p irlmscs intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of o similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of wamnty. The Scllcr sholl replace, repair of make good. without cost to the purchaser, any defects or faults arising within no (1) year or within stet, longer period of time as may be prcseribed by law or by the toms ofany applicable wamnty provided by the Scllcr ruler the date Of acceptance of the good furnished heeunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaser shall nor constitute a waiver ofany claim under this wamnty. Except as mhcmise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately cousvd by the breach of any of the foregoing wnmatics or guamntces. but such liability shall in no event include loss ofpmfits 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 terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pont may make any changes to the terms, other than legal terms. including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal Or written change oiler. If any such change offccs rife amount due or the time of perfommancc hereunder. an equitable adjustment shall he made. fi. TF,RAI INAT IONS. The Porchascr may at any lime by written change order. Geminate this agreement as In line or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as In any work or materials then in progress pmvidcd that the Purchaser shall not be liable for any claims for anticipated pmlils on the uncompleted portion of the goods and/or work, for incidental or consequential damage, and that no such adjustment he made in fawn, of the Scllcr myrrh respect to any goods which arc the Sellers standard stock. No soh lamination shall relieve the Purchaser or the Seller fany of their Obligations as to any goods 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 ordered. 8. COMPLIANCE WITH LAW. The Seller vaunts that all goods sold hereunder shall have been produced. sold. delivered and furnished in strict compliance with all applicable laws and revelations to which the words arc subject, I tic Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All lams and regulations required to be incorporated in ogccntcnts of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser Formless 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. transfer. or convey this order, or any monies due or to became due hereunder without the prior written consent ofthe other party. I O. TITLE. The Seller womnt, full. clear and unrestricted title to the Purchaser for all equipment, materials, and item, furnished in perfommnce of this agccmcnt, free and clear of any and all liens. restrictions, mscreations, security interest encumbrances and claims of others. The Seiler shall relcose the Porchascr and its mntmctars array tier from fill liability and claims of any nature resulting fmm 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 of Bach piny. The Seller's contractor obligations. including w'omnty, shall not be deemed to be reduced, in any wavy. beeansc such work is perforated or caused in be perfumed by the Porchascr. 14. PA TENTS. \\'hcnever the Seiler is required to use any design, device. material or process covered by litter, placid, mdcmzd: or copyright, the Seiler shall indemnify and snrc 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 ancr the completion of the work. In case said equipment or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of sold equipment or pan is enjoined, the Seller shall, of its own expense and at its option, either porcine for the Purchaser the right to continue using said equipment or parts, replace the same with oif tantially cqunl but noninfringing equipment, of modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent ar bankrupt, make an assignment for the heneftt of creditors. appoint a receiver or msme for any of the Sellars property or husines, this order may forthwith be cnnecled by the Purchnsc, without liability. 16. GOVERNING LAW. The definitions of terms used ar the interpretation of the agreement and the rights ofall panic hereunder. shall be construed under and governed by the Ions ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Rcprc,catativc(,), on the prcmiscs Ofmhers. 17. SELLERS RESPONSIBILITY, The Seller shall tors, on mid venrk at Seller', min risk until the came 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 Seller's min expense and to the satisfaction ofthe Purchaser. \\$en materials .and equipment arc famished by others for installmion or erection by the Seller. the Seller shall moviva unlood. sire and handle same at the .site and become responsible therefor as though such materials and/or equipment were being famished by the Seller ander the order. 19. INSURANCE. The Seller shall, at his min expense. provide for the payment of wnrkcm compensation, including occupational disease benefits. to its employees anplayed 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 tarty comprehensive general liability including. but not limited to, contractual and automobile public liability insurance .with bodiry injury, and death limits Of fit least S360,000 for any one person. S500.000 for any one accident and property damage limit per accident of S400.000. The Scllcr shall likewise require his contractors. nary, to pmvide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work .,on the prcmiscs Ofothrm the Seller shall furnish the Purchaser with a certificate the such compensation and insurance have been provided. Such certificates shall .specify to date vyhca such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and in..nmmc expires. The Seller agrees that such compensation rod insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunns the claim responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsaev,r to persons or property caused by or resuhing from the execution of the work provided far in this purchnsc order or in connection herewith. l Inc Seller will indemnify and hold harmless the Pureha,cr and any or all of the Purchasers officers, agents one employees 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 nay be put or subject by reason of any act, action, neglect, omission or default on thepan of the Seller, any of his contractors. or one of the Sellers or contractors effects, agents or employees, In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on aceonal or he reason of any act. action, neglect omission or default of the Scllcr crony of his contractors or any of its of their oRecss. agents or employees as aforesaid. the Scllcr hereby agrees to assume the defense thereof and to defend the some nt the Sellers own expense, to pay any and all costs, charges. attorneys fees and other expenses, any and all judgments that may be incumd by or obtained against the Purchaser or any of its or their otTmem. agents or employees in such snits or other proceedings, and in ease judgment or other lien he placed noon or obtained against the property of the Parch ocr, or said panics in or as a mule of such suits or other proceeding, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. Finnish and install all guards necessary for the prevention of accidents, comply with all lams and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all mles and regulations issued pursuant thcmto. Rmiscd 63/2010