HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9142263Fort Collins
Date: 04/22/2014
Vendor: 262877
RTN ROOFING SYSTEMS
5854 LOCKHEED AVE
LOVELAND CO 80538
PO Number Page
9142263 tof2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 04/22/2014 Buyer: DOUG CLAPP
Note: ref. roofing annual contract #7082
Line Description ...,a,,.I.yOrdered UOM Unit Price Price
1 Parks Maintenance Shop
Snow Retention System
ref quote dated 3111/14
contact: Mel Winden
ph# 970-566-7045
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.00m
1 LOT LS
7,524.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By stamen the City of Fan Collins is exempt from saw and local taxes. Our Exemption Number h
11. NON WAIVER.
98-04502, Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered with the Collector of
Failure of the Purchaser to insist upon mdet performance of the terms and condition hereof, failure or delay to
Internal Revenue, Garver, Colo.& (Ref. Colorado Revised Smtmos 1975, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, fm'Ime to promptly notify the Seller in the event of a
breach, rise accepmnNe of or payment for goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet speci Patios, either when shipped or due to dethcs of
any of the colloidal or obligation of this purchase order and shall not be deemed a waiver of any right of the
damage in tranait, may be resumed to you for credit and are not to he replaced except upon receipt of wham
purchaser 10 insist upon strict performance hereofor any of its rights or remedies t to any such good, regardless
instructions from the City of Fan Collins.
of whm shipped, received or accepted, as to any prior or subsequent default h mmader, nor shall any porponed
ores modification or rescission of this puroha order by she Purchaser opemk as a waiver of any of the terms
Inspection. GOODS are subject o the City of Ford Collin inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, u or equipment in response to this order an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collins. However, it is to bt understood Nat FINAL
Seller and the purchaser recognize that in actual economicges res Fracture, overcharulting from nationals
ACCEPTANCE is dependent upon compleion of all applicable rere quired inspection procedures.
vlaladons art m ne fact blow, by the purchase, Theoretical. fagood muse aid es consideration for awaiting Nis
purchase order, the Seller hereby assigns to the Purchaser any and all cluims it may now have or hereafer
Freight Terms. Shipments must be BOB.. City of Fort Collins, 700 Wood St, Fore Collin, CO 80522, if.
acquird under federal or state -if., laws for such overchrges mining No the pariialm goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, file original freight
puuhosed or acquired by rise Purcower pursuant to this pttrchte order.
bill most accompany invoice. Additional charges for packing will not he accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where menufre, mrers have distributing points in serious parts of the country, shipment is
Ifhe PurcM1eserdirects the Sellato correct oonconfoOmingor defactivegoodsby sedate b be agreed upon by the
expected from the nearest distribution all of destitution, end excess freight will be deducted film Invoice when
Purolator aid the Seller, aid the Seller thereafter indicates its mobility or unwillingness to comply, the Purchaser
shipments are made from greater distance.
may mesa the work to be Performed by she most expeditions mean available to it, and the Seller shall pay all
cats asswimN with such work.
Permits. Seller shall procure or sellers sofa cost all snare vry permits, ttnifams and Hearses required by all
applicable laws, regulations, ondiranas and roles ofthe state, municipality, territory or political subdivision where
the work is performed, or required by any other duly anstitund public authority having jurisdiction over the work
of vendor. Seller farther agrees to hold the City of ran Collin harmless from and against all liability and loss
recurred by them by reason of an asserted or established violation of any such laws, regulations, ofi iremess, roles
mOd requirements.
Authorization, All panic to this comma agree that the representatives are, in back born fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condition stated
herein set foM and any supplementary or additional terms and conditions annexed hereto or incorsommil hareirs by
reference. Any additional or different terms and conditions proposed by seller art objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
paramount delivery date in noted Time is of the comes. Delivery and performance must he a@cted within the time
stated on the purchase, order and the documents attached harem. No acts of the Purchasers including. without
limitation, aicaper ce of partial [ale deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal wed equitable remedies. the option of placing his order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be Inside for damages as a result of delays
due to cans not reanahly foreseeable which are beyond its reasonable control and without its fault of negligence,
such sell of God, acts of civil or military authorities, governmental priorities, flea, strikes, food, epidemics, wars or
Hors provided that notice of the conditions coal i ng such delay is given to the Purchaser within five (5) days of rise
time when the Seller firsl received knowledge thereof. In the event of any such delay, the data of delivery shall be
extended for the period equal to the time a<mally last by flown of the delay.
3. WARRANTY.
The Seller warrants that all goads. Midas, materials and work covered by this order will conform with applicable
drawings, specifications. samples and/or other descriptions given, will be fit for the parposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. 'Me Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warmnry. The Seller shall replace, repair or make
good, without cost of the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be presented by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of she goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
of defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver ofany claim under this warranty. Except n otherwise provided in this purchase older, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of prefix 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 If,[ tens by wring change oMer.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to No farms. other than legal mms, including addilions to or deletions from
she quantities originally ordered in rise specification or drawings, by verbal or written change order. If any such
thmge affects life amount due or the time ofperfomance hereunder. an equitable ojurnment shall he made.
6. TERMINATIONS.
The Purchases may at any time by written change onde, torment, Nis aguement as to any of all pommus of abe
goods then rot stripped, subject 10 any equitable odjusursom between the parries as to any work or materials than is
progress providal tat the Purchaser shall not he liable for my claims for anticipated profits on the uncompleted
portion of the good mdror work, for incidental or amequcntial damages, and that no such adjustment be made in
fmwr of No Seller with respect to my goods which ere Ne Sellers stmdil stack. No such wrmination shall relieve
No Purolator in the Seller of my oftheir obligations ax to any good delivered hcrtuMer.
T. CLAIMS FOR ADJUSTMENT.
Any claim for ad,.t nt must be caned within Burry (30) days from Ne date the cM1ange or termination la
ordered.
I. COMPLIANCE WITH LAW.
The Seller worms than all good sold hereunder shall have been produced sold delivered coal launched in strict
compllance with all applicable laws and regulations to which the goad an subject The Seller shall execute and
deliver such documats t may be required to effect or evidence compliance. All laws and ill ulmiam acquired to be
ncoryommd in mararcn¢ of this character ate hereby imoryomled herein by Nis tafenence. The Seller agrees m
indemnify and hold the Purchases harmless from all corm and damages suffered by safe Purchaser as a result of the
Sellers failure in comply with such law.
9. ASSIGNMENT.
Neither Way shall assign, arse or convey this order, or my manias due or to become due hereunder without the
prior wring cement of the other parry.
10. TITLE.
The Seller warrants full, clear and mostdcted title to the Pas hoer for all equipment materials, and items famished
in performance of this agreement. free aid clear of any and all liens, restrictions, r,avatiom, secodry intent
encumbrances and claims ofothers.
The Seller shall release the PurcM1ter and its comeacmrs of any tier from all limit iry and claims of any mtum
resulting film But peRarmancc of well work.
This reImse shall apply even in else event of fauh of negligence of the party released and shall extend to the
directors, oficers and employees ofsuch Ivry.
The Sellers commetual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such weak is performed or caused m be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required an use any design, device, mmerial or process covered by letter parent, trademark
or copyright, the Seller shall indemnify and save harmless rise Purchaser from any and all claims for infringement
by moral of lie use of such patented design, device, material or proeess in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may he obliged to pay by Oman of such
infringement at any time duong the prosecution or after the completion of the work. In cow said equipment, or
any pan thereof N the intended use of the goods, is in such suit held to conlitu¢ infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or puts, replace the same with substantially equal but
uncomplai ing equipment, or modify it so it becomes nuninGngi%
15. INSOLVENCY.
If the Seller shall become insolvent m mailmen, make an assignment fir 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
Purchamr without liability. -
16. GOVERNING LAW.
The definitions of terms used or the Imesprelshm, fthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in where the Seller is to perform work hereunder,
including the servicesf i Sellers Reprommatived s), on the premises of.fir es.
17. SELLERS RESPONSIBILITY.
The Seller shall carry cal said work at Sellers own risk until the worm is fully completed end accepted, and shall,
in u of my accident, destruction or injury to the work and/or materials befofl Sellers final completion and
cceptmce, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When material;
and equipment are fmished by others for installation or erection by Ne Seller, the Seller shall receive, unload,
stole and handle same at the site and become responsible therefor u though such tmarink .Nor equipment
were being furnished by the Seller under the oMer.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers comparwtion, including occupational
dome benefits, to its employers employed on or in connection with the work covered by this purchase order,
and/or to their deperWmts in accordance with the laws of the state in which the work is to be done. The Seller
shall also any comprehensive general liability including, but not limited m, comm rial and aummobil, public
liability insurance with bodily injury and death limits of at least 9O0.000 for any one person, E500,000 for any
one accident and preperfy damage limit Per accident of 540O,00C. The Seller shall likewise require his
commons s, if any, to provide for such compn-d— and insurance Before any of Ne Sellers or his ennwc om
employe, shall do any work upon the premisesi f others, the Seller shall famish the Puschuer with is transferal
that such compaawcom and insurance have been provided. Such mofftcales shall specify hie date when such
compensation and insurance have been provided. Such eenifrales shall spea"e dare when such compensation
and insumnce expires. The Seller age, Nat such corm etuation and imurance shall be mainmined mail afar the
entire work is completed and acceptM
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller Net ressmews life entire responsibility and liability for my and all damage, loss or injury of my kiM
r mama wdarmeme to perms or property caused by or morning from the execution affM work provided for in
this parable, under or in eormmuon herewith. The Seller will indemnify aid bold hmmlct the Purchaser and my
r all of the Forclaters ofcers, agents and employees fan and again, my and ell claims, losses, damages,
charges or expenses, whether direct or irdirec4 sad whether to persons or property to which rise Purehser may
be put or subject by rean of my not, action, neglect, omission or default on the pan of thc Seller, my of his
contractors, or my of the Sellers or contractors officers, agents w employees. In case my suit or other
proccedfgs shall be brought again, the Purthaxer, m its offccrs, agents or employees al my time on acount or
by reason of any act action, region, omission or default of the Seller of my of his contractors or my of its or
their officers, agents of employees u aforesaid. the Seller hereby agrees 1. assume the define thereaf and to
defend rise same a, the Sellers own expense, to pay my and all costs, charges, atwmeys fees and other expenses.
my aid all judgments that may he increased] by or obtained against the Purchter or my of its or their officers.
agms or employees Or such suits or offset proceedings, and in case judgment or office lien he placed upon or
obtained agains, the property, of the penciller, or said Will in or to a result ofsuch suits or other proceedings,
the Seller will a once caow the arm to he dissolved and discharged by giving Will or otherwise. The Seller awl
IN, contractors shall take all safety precautions, furnish and ishall all gmrd necesmry for the prevention of
accidents, comply with all laws and regulations with regard as safety including, but without limitation, the
Occupational Safety and Health AN of 1970 and all roles and regulations issued pursuant thacto.
Revised 03Y 01O