Loading...
HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9141356Fort Collins Date: 03/04/2014 PURCHASE ORDER PO Number Page 9141356 1of2 his number must appear on all invoices, packing sli s and labels. Vendor: 262877 Ship To: OPERATIONS SERVICES RTN ROOFING SYSTEMS CITY OF FORT COLLINS 5854 LOCKHEED AVE 300 Laporte Avenue LOVELAND CO 80538 Building B FORT COLLINS CO 80521 Delivery Date: 03/04/2014 Buyer: DOUG CLAPP Note: refernece annual roofing contract # 7082 Line Description Quantity UOM Unit Price Extended Ordered Price 1 110/112 N Howes 1 LOT LS 22,922.00 Remove and replace existing roof with 60 mil TPO roof. per proposal dated 1/2/14 approx. - 2,980 sf Contact: Charles Ackerson Ph# 970-556-8294 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 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 1. COMMERCIAL DETAILS. Tax exemptions. By same the City of Fort Collins is exempt from state small local axes. Our Exemption Number is 11. NONWAIVER. 980J502. Federal Temise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Particular to hoist upon stria pert ofthe terms and conditions bemof. future or delay to [merest Revenue, Denver, Commdo, (Ref. Colamdo Revised Sa mles 1973. Chapter 39-26, 114 (a). exercise any rights or mndies provided herein or by law, failure to promptly notify me Sella in me event of a mach, due acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spsciftcmiam, either what shipped or due m defects of any of the wmmmies or obligations of this purehax order and shall ml be dmnd a waiver of my right of the damage in transit, may be returned to you for credit and art not m be replaced except upon main of written purchaser m insist upon side, pafotmano, bereof or my far rights or remedies as to my such goods, regeNless instructions from the City of Fon Collins. of what shipped, received or acceptel, as to any prior or subsequent default Journa r, nor shall my purposed oral modification or rescission of this purchase Oder by the Purchaser operate m 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 memhandlse, services or equipment in response to this order can result in 12. ASSIGNMENT Of ANTITRUST CLAI MS. authorized payment on the pan of the City of Pon Collins. However, it is ao be mdersmcd that FINAL. Seller and the Purchaser recognize that in actual modomle practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all ipplicablerequired inspection procedures. violations are in fact come by the Purchaser. 'I hrmuclom, for gad cause and as ronsideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Tenns. Shipments must be ROB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goads or services otherwiam spot fid an this aide, If permission is given to prepay freight and charge separately, the original freight p ou bmed or acquired by the Purchaser pursmnno this purchase order. bill must accompany invoice. Additional charges for lacking will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Disnnce. Where mamforturnrs have distdbming Points in various pros of the country, shipment is I fthe Purchaser directs the Sella mcoreer nonconforming or defective good by a date to be agreed upon by me expected from the nearest dktdbuaioa point to destination, sad excess freight will be deductd from Invoice when Purchases and the Sella, and me Seller thereafter indicates its inability or unwillmgness to comply, the Purchaser shipments are made from greater disma. may cattle the work m be paburnd by the most expeditious meets available to it, and the Seller shall pay a1I ants associated with such work. Permits. Seller sh11 procure at sellers sale cost all narsmry, permits, certificates and licenses captured by all applicable laws, regulations, odimnces and mles of the same. municipality, territory in political subdivision where the work is performed, or required by my other duly constimtd public authority havingjmidiaim over the work of vendor. Seller further agrees m hold the City of Pon Collins hornless from and against all liability and lass icurred by them by reason of an asserted assed or established violation of any such laregulations, oNinancm, roles and requirements. Authorization. All panics to this contract agree that the repremnuniv. are, in fact, bona fide and possess full and om,1,,m maturity Ip bind said parties. LIM I I'A'I'ION OF TERMS. This Purchase Order expressly limits acceptance to the teas and conditions stated herein set font and any supplementary or additional terms and conditions annexed hereto or incaMontted herein by mference. Any additional or different arms and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately dryad canna make complem shipment to arrive on your promised delivery dare as noted. Time is of the essence. Delivery and performance mus, he eflected within the time stated on the purchase order and the daurnms atuchd hereto. No ears of the Purchasers including, without Iimimtion, wou nonee of partial late delivers, shall open. as a wais'cr of this provision. In the event of any delay, the Freshener shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages However, the Seller shall not be liable for damage, m a result ordelays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such Or. ofGd, acts ofcivd or military authorities, governmental priorities, fires, mikes, flood, epidemics, wars or now provided that notice of the condition causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of del ivery shall be extended for the period equal to the time actually mat by reason of the delay. 3. WARRANTY. The Seller warrants thm all goods, articles, ausb rials and ..,it covered by this order will conform with applicable drawings, specifications, samples and/or offer descriptinm given, will be fit for the purposes intended, and performed with the highest degree of can and competence in accordance with accepted standads for work of a similar omurc. The Seller agrees to hold me purchaser burmless from my loss, dr.age or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer prdod of time as may be prescribed by law or by the tams of my applicable warmnry provided by the Seller after Se date of acceptance of rare good fumishd hereunder (acceptance not to be unreasonably delayed), resulting from ini'dent or defective work done or contains famished by the Sells,. Aceepum'e or are, of goods by the Purchases shall act constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order the Sellers liability hereunder shall extend to all damages proximately retard by the breach of my of me foregoing warranties err guanvmees, but such liability shall in no event include loss of profits or low ofue. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pnrdtns may mnke any changes to the tents, other than legal temp, inclach, udditions to or deletions from the quantities originally ordered in the specifications or drawings, by vahal or change order. If any such change atlbcts the amount due or the time of per curnmove bercundea an equitable adjnstmen shall be made. 6. TERMINATIONS. The Purchaser may at any time by woman change order, lamina this agreement m to any or all portions ol'the goods then ram shipped, subject to any equitable adjustment between the panics as many work or materials Item in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on me uncompleted portion of the goad and/or work, for incidental of consequential damages, and that ao such djustment be made in favor of the Sella with respect m my goods which am the Sellers ssMard stock. No such termination shall relieve the Purchaser or me Seller ofany oftheir obligmiom as to any goad delivered hereuaader. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjeaunent must be assured within thirty (30) days from the date the change or ¢aination is Oderd. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold remainder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations r amid to be brom, omled in agrecmenn of this character ere hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser males, from all .is rand damages implored by the Purchaser as a result of tee Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, am act, or convey this order, or my monies due or to become due hereunder without the prior women consent ofthe atherpany. IO.TITLE. The Sella w'amms full, clear and unremiaed title to the Purchaser for all equipment, maxrid, and isms furnished in performance of this agreement, free aM clear of any and all liens. ra,ictimts, reservations, security interest eacumbaames and claims of others. The Seller shall release flee Forename and its contractors of any tier from all liability and claims of any fixture reading form the performm r, afsurh work. This release shall apply even in the event of fault of negligence of due prey related and shall extend as the directors, ofcas and employees afsurh pang. The Seller's cnntracu it obligations, including .—my, shot[ at be deemed to be reduced, in any way, because such work is perforated or caused to be perfomfal by the Purchaser. 14. PA'I EN I S. 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 save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at my time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constlmte Infringement and the use of mid equipment or pan is joined, the Seller shall, at in own expense and at its option, after practice for the purchaser the right m wmiram using said equipment or Aron. replace the same with subslamiilly equal bar noninGnging equipment, or modify it so it becomes comminuting. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make An exiignmeat for the benefit of creditors, appoint a receiver or mucce for my of the Sellers propetty, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of leans used or the mcm,ramion of the agreement and the fights of all panics hereunder shall be consWed under and governed by the laws of the Store of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunda. Including the services of Sellers Represntmive(s), on the premises of others. 10. SELLERS RESPONSIBILITY. The Sella shall may on said work at Seller own risk until the same is fully completed and acceptd, and shall, in re of any accident, destruction or injury to the work andror materials before Sellers final completion and compliance, complete the work al Seller own expellee and m the smisfaco r, of the Purchase. When Inmmak and equipment are famished by others for installation or ertctioa by the Sella, the Sella shall receive, upland, store and hurdle same at tax site and become mad amble therefor as though such parramis .Nor equipment were king Banished by flue Seller ttdin the other. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed an or in connection with the work covad 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 alsn carry mmprehaoive general liability including, but not limited an, contractual and automobile public liability insurance with bodily injury and dead, limits of al last $300 000 for any one person 55o0,nt. for mry c accident and property damage limit per accident of $400,000. The Seller shall likewise require his mnuraeum , If any, to provide for such canipasation and in e. Before my of the Sellers or his contractors employees shall der my work upon the premises oI others, the Seller shall famish the Purchaser with a wni0cate that such compensation and insurance con, been provided Such cerificaus shall specify the Jam when such compensation and insurance have been provided. Such renifcares shall specify the date when such compensation and insurance expires. The Seller agrees thal such compensation and itaareace shall be maintained until after the entire work is completed and accepld. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes me entire responsibility and liability for my and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from me execution offfe work provided for in this purchase Oder or in mnneclum hcreaval The Sella will itdemtdfy and hold harmless the Purchaser and my r all of the Purchasers officers, agents and employees from and against my and all claim, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property, W which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default m the pm of me Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents err employees at my time on account or by reason of any act, action, neglat, Omission or default of the Seller of any of his emtmclors or my of its or their often, a,am of employees as aforesaid, the Seller hereby agrees to assume the defense thereof and t0 defend the same at the Sellers own expense, to pay any and all costs, curries, atmmeys 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 employees in such suits or other proceedings, and in case judgment or office lien be placed upon or Obtained against the priority ofthe Purchaser, or said parties in or az a result of such suits or Other proceedings, the Seiler will at once cause the same to be dissolved and discharged by giving bond or offanxise. The Seller and his contractors shall take all safety precautions, famish and install all goads necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiution, the Occupational Safety and Health Act of 1970 and all ruler and regulations issue pursuant ff usem. Revised 03nil