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HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9142636Fort Collins Date: 05/09/2014 Vendor: 262877 RTN ROOFING SYSTEMS 5854 LOCKHEED AVE LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9142636 1of2 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: 05/09/2014 Buyer: DOUG CLAPP Note: annual roofing contract #7082 Line Description ..,.a,,.,.yOrdered UOM Unit Price Price 1 256 W. Mountain Make roof repairs, prime wall, curb Flashing and gutter edge for adhesion. Apply three course with pastic cement and 6" fabric. - $1,332.00 Upper roof: Clean and apply asphalt primer. Apply fibered aluminum coating to prolong life of roof. - $2,744.00 Lower roof: Coat in same manor as upper roof. - $1,454.00 Reference proposal date 5/2/14 Contact: Mel; Winden Dh# 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.com 1 LOT LS 5,530.00 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City effort Collins is exempt from state and local Mats, Our Exemption Number is I L NONWANER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon soot performance of the terms and conditions hereof, failure or delay to Internal Revenue, Dome, Colorado (Ref. Colorado Revised Statutes 1973, Chapter39-26,114 (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 offer payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet 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 of the drum, in transit, may be retumed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance her mfor any of its rights or remedies as to any such goods, regardless Momentum from the City of Fort Collins. of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order 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 merchandise, Services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of FortCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overantl flow,ca resulting from tunt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, forgoodcause and as consideration for examen, this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemmer Freight Terms, Shipments most be F.OD., City of Port Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such oveielow es relating to the particular goods or services otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight purchased in acquired by the Purchaser pursuant to this purchase order. bit] must accompany invoice, Additional charges for packing will not Ire recopied 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance_Where 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 paint to destination, and excess height will be deducted from Invoice when Purchaser and the Selleq end the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser Shipments are made from 6redter distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, emifieates and licenses required by all applicable laws, regulations, ordinances and rules of the sste, municipality, territory or politics] subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly constituted public authenry having jurisdiction over the work resulting from the pedmmance of such work, of vendor. Seller further agrees to hold the City of Pan Collins harmless from and against all liability and loss sorted by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirement,. directors, oRcers and employees of such party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and The Sellers contrretual obligations, including warranty, shall not be deemed to be reduced, in any way, book complete authority le bind said parties such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set from and any Supplements, or additional temps and conditions annexed hereto or incorporated herein by reference Any additional or diRerent terms and conditions proposed by Sellerare objected m and hereby r jeeled. 2. DELIVERY, PLEASE ADVISE PURCHASBJG AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached harem. No acts of the Purckisers including, without limitation, acceptance of partial late deliveries, skill operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and egmarble remedies, the sort.. ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller skill not be liable for damages m a result of delays due to causes or reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, aces of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars in riots provided that notice of the conditions causing Such delay is given to the Purchaser within five (5) days of the time what the Seller first received knowledge thereof. In the event of any such delay, the it.,, of delivery shall be extended for the period capped to the time adaally lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confrm with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and economic, in accordance with accepted wandams for work of a 'similar notice. The Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost m the purchaser, my defers or faults arising within one (1) your or within such longer period of time as may be presenbm by law or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fmished by the Seller. Acceptance or use of gunk by the Purchaser 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 caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits 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 m legal terms by wrimen 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 from the quantities originally ordered in the specifications or drawings, by verbal or written change order If any such change affects the amonnt due or the time of pafrmsnce hereunder, an equitable adjustment shall be made 6. TERMINATIONS. The Purchaser may at any time by women change order, terminate this agreement as to any or all portions of the goods then noun shipped subject to any equitable adjustment between the parties as to any work 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 goods anchor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered heeundtt. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliversuch documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Parli 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 in became due hereunder without he prior wren consent of the other party. 10. TITLE. The Seller warrants full, clear and umestdeted title m the Purchases for all equipment, materials, and items famishei in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 14, PATENT S. Whenever the Seller is required to use any design, device, nowenal onprocea covered by Ire,, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by re two of the .,a 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 after the completion of the work_ In rase said equipment. or any pan thereof or the intended use of the goods, is in such suit held to constitute whimagernent and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and M its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but ro ninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or nom a for any of the Sellers property or business, this omet may forthwith be carceled by the Purchaser without liability. 16. GOVERNING LAW. - The definitions ofterru heed in the interpretation of the agreement and the rights of all parries hereunder shall be ons rand under and governed by the laws of the State.(Colorado, USA. The following Additional Cousin.. apply only in case where the Seller is to perform work hereunder. including the services of Shcm Re posentativebs), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in e of soy accident, destruction So injury to the ..,it when matenak before Seller's final completion and severance, complete the work at Seller's own expense and to the Satisfaction MEET, Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and biome responsible therefor as though such materials anchor equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller 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 purekise order, and/or to their dependents in accordance with the laws of the state in which the work is to be dens. The Seller skill also carry comprehensive general liability including, but not limited to, contractual and automobile public liability imvmnce with bodily injury and death limits of at least $300,000 for any one person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractor, if any, to provide for such compensation and insurance. Before any of The Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Parchment with a comficare that such compensation and insurance have been provided. Such comficates shall specify tie date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire,. The Seller agrees that Such compemation and insurance shall be maintained unlit after the entire weak 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 r nature whatsoever to persons or properly reused by or resulting from the execution.flhe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchase and any r all of the Purchasers officers, agents and 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 may be put or subject by reams 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 case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any Time on account or by reason of any act action, raidem, omission or default of the Seller of any of his compactors or any of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, as pay any and all cots, cbarges, 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 employees in such suits or other proceedings, and in case judgment or other lien be placed upon or .brained against the property of the Purchaser, or said parties in or as a result ofsuch 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 lake all safety precautions, famish and iretall all gu necessary for the prevention 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 thereto. Revised 03h2010