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HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9143135City of Fort Collins Date: 06/05/2014 Vendor: 262877 RTN ROOFING SYSTEMS 5854 LOCKHEED AVE LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9143135 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: 06/05/2014 Buyer: DOUG CLAPP Note: ref. annual roofing contract #7082 Line Description Quantity UOM Unit Price Extended Ordered Price I Lincoln Center Roof Sections (1) & (P): Install complete 60 mil, mechanically -attached TPO single -ply roofing system. Roof Section (1) w/ 60 mil mechanically -attached TPO single ply roofing system - $11,504.00 Roof Section (P) w/ 60 mil mechanically -attached TPO single ply roofing system - $12,953.00 Contact: Mel Winden oh# 970-221-6533 or 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 24,457.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By saute the City of Fan Collins U exempt from sure and local taxes. Our Exemption Number is 11, NONWAIVER. 98-04503. Federal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collecar of Failure of the Purchaser to insist upon stria parmrmamx of the terms and mMitions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revived Sensors 1973. Chapter 39-26, 114 (a). exemise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of., payment for goals hereunder or approval f,ha design, shall not release the Seller of Goods Harvard. GOODS REJECTED due to faimre to meet specifications, either when shipped or due to defeats of any of the warranties or obligations of this purchase older and shall not be deemed a waiver of any right of the damage in anal, may he retuned to you for credit and are not 1. he replaced except upon receipt of written purchaser m insist upon stria pnforme nce hereof or any of its rights or remedies as to any such good, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereuMer, nor shall any pro oned oral modification or rewission of this purchase older by the Purchaser opi mte as n waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collin inspenian an arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in injuries ro this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. ammo nd payment on the Wart of thr, City of Fort Collins. However it is to be understood her FINAL Seller and the Purchases recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable rtgaired inspection procedura. violations are in fact home by be Practical. Theretofore, for good curve uW as comideca on for executing this purchase order, ode Seller hereby assign to the Functional any and all claims it may now have or hereafter Freight Tema. Shipments most be F.O.U., City of Fell Collins, 700 Wood St, Tom Collin, CO Bo522, unless acquired under federal or sure antitrust laws for such overcharges marring m the Particular goods or services otherwise specified on this miler. If permission u given as prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant a this purchase order. bill most accompany invoice. Additional char¢es for parkin¢ will not be accepted. Shipment Distance. Where manufacturers lave charribming points in vendors pans of the country, shipment is expected been the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm grate, disarm. Permits. Seller shall police. at sellers sole can all necessary pnmia, cenifrres and Hearst, required by all applicable laws, regulmimu. ordinances and mars of the scar, nomicipshl nerrlmry or political subdivision where IN, wan is performed, or required by any Other duly eliminated public authority havingjumdiction over the work Of vendor. Seller further agrees to hold the City of Fail Collins hamtlss farm and against all liability and loss cinured by than by reams of m trained or cseblished violation of any such laws, regulatime, ordinances, rules an informants. Anflumemron. All ponies to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. 'Dais Poor Order expressly limits acceptance to the terms and conditions sated herein set fah and any supplementary or sJJiriennl mains and conditions annexed herean or incorporated herein by reference. Any addAnnal or diflacre terms and conditions proposed by Belle, arc objected la and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately it you cannot nuke complete shipment to naive on your promised delivery date as noted. Time is of the essence. Delivery and perfomtmme must be effected within the time stated on the purchase order and the docnnmrns :nacl¢W heaven. No aces of the Purchasers including, without limitation, ameptanee ofpanial late deaiveria, shall operate as a counter of this provision. In the event of any delay, ,he Purchaser shall hues, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable In, damages. I loaves, the Seller shall not be liable for damages as a result of delays due to causes not ramnably Rarwarble which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil in ciliary rmtimmus, governmental priorities, fires, stdka, food, epidemics, wars or riots provided that notice of the conditions causing such dclzy is given a the Purchaser within five (5) days of the time when the Seller Best 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 last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, i nicles, my erials and work covered by this order will carbon with applicable drawings, specifications, samples and/or other descriptions given, will he fr for the pupae intended, and performed win the highest degree of are and competence in accordance will accepted standard for work of a simile tatme. The Sella, agora to hold the purchaser lateral. from any loss, donWe or expense which the Prediction may sue( or inevr on account of the Sellers breach i f warranty. The Sella shall replace, repair or make good, without cost to the pumhamr, any defects or faults arising within one (1) year or within such longer period of time es may be prescribed by law or by the terms of any applicable uananry provided by the Seller after the date of acceptance of the goad famished hereunder (acceptance not to be unreasonably delayed), cubing form imperf t or defective work done or materials mmuhed by the Sella. Arce ce nc, or use of good by the Purchases shall not ontiam a waiver of my claim under this warranty. Except as othsrome pmvided in this purchase other, no Sellers liability hereunder shall extend to all damages Proximately reused by the breach of any of the foregoing anomalies or gexamine. but such liabiliry shall in no event include loss of profits m loss of ne. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purdever may makechanges an legal terms by ri en change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the quantities ongially ordered in be apttificatimes or drawings, by vmmd or —ace Mange older. If any such change a@ee the amount due or the time ofpesformorue hereunder, an equitable adjustment that he made. 6. TERMINATIONS. The Purchaser may a, my time by wrinen change older, terminate this agreement ss w any or all portion of use d ny means then net shipped, subject ao aavailable adjustmen t between the parties wo ies as m ark or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated prefts on the tonsomplard Portion ofthe goods and/or work, for incidental or m uequential damages, and that no such mijntment be made in favor of the Seller with spit to any goods which are the Sellers standard stork. No such termination shall relieve the Purchase, err the Seller of any of their Obligation as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asaened within thirty (30) days from the date the change or lamination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods an subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulmrons required to be ncoryorated in agreements of this character are hereby incorporated herein by his reference. The Sella agrees to indemnify and hold the Purchaser hamlless farm 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 alder, or any monies due or to become due hereunder wel o d the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unebrded title to me Pumhasel for all equipment materials, and item famished ra performance of this agreement free our char of any and all Iron, rnuiction, new—fiom, securiey blamed encumbrances and claims ofomen 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifte Purchaser directs the Sella an corten nonconforming Or defective good by a date to he agreed upon by the Purchaser and the Seller, and the Seller the eafter indicates its inability or unwillingness to comply, the Purchaser may wave me work to be performed by flee most expeditious means available to it, and the Seller shall pay all costa assmrmed with such won. The Seller shall relax the Functions, and its comrrclors of any lier fmm all liability and claims of may vmure mulling fmm the performance ofsuch wink. This release shall apply even in the event of fault of negligence of the truly released and shall extend an the dramas. ORcers and employees ofsuch Early. The Senses contractual obligmiolo, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated Or auud to be parmarnol by the Purchaser. 14. PATENT S. Whenever the Seller is required muse any design, device, material or process covered by lever, patent, trademark or copyright, the Seller shall indemnily and save hamdas the Parcau in from any and all claims for infringement by acvson of the rase of such laretired design, device, ounerdd 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 a, any time during the pociamien or afer the completion of the work. In case said equipment, or any pan thereof or the intended use of list goods, is in such suit held in constitute infringement and the axe of said equipment or pan is enjoined, the Seller shall, m its own expense and it its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same aim subnamially equal but ncomfiriaging equipment, or modify it son it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers properly or business, this order may forthwith he canceled by the Purchaser without liability. I& GOVERNING LAW. The defrdtion oftemss used or the interpretation ofthe agreement and the rights of all panic hereunder shall be conwed coda and governed by the laws ofthe Sure ofCclomdo, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, mcludmg the service, of Sellers Represnmtive(s), on the pmmua of others. 17. SELLERS RESPONSIBILITY. The Seller dull aM on said out at Seller's own risk until the same u fully camplaed and accepted, and shall, in se of any accidem, destruction or injury to the work and/or materials before Seller's final completion and accelerate, complete the work at Seller's own expasse ward to the satisfaction of the Purchase. When materials and equipment art famished by others for installation or election by the Sella, the Sella shall receive, upload, story and handle same at the site and became mponsible thereto, as though such materials -Nor ryurpmenl were being famished by the Sella under the older. 18. INSURANCE. The Sella sholl, at his owes experts., provide far the payment of workers compawrion, including occupational disease benefits, or its employees employed an or in connection with the work covered by this purchase order, under to their dependents in accordance with the laws of the sum in which the won is to her done. The Seller shall also carry comprehensive general liability including, but not limited to, examon rml and artomobfle public liability insurxce with bodily injury and death limits of at least S3W.oW for any one partner, SSW,0W for any cone accident and property damage limit pa accident of $400,000. The Seller shall likewise require his commeter,, if any, to pmvide for such compensation and insurance. Before my of the Sellers or his conrtaca , employees shall do any work upon the premises of others, ode Sella shall furnish the Purchaser with a cau firm that such compensation and inexamove, have been provided. Such cenifcates shall mdify the dare when such compensation and insurance have been provided. Such certificates shall specify the dam when such compenadon and insurance expim. The Seller agrees that such compensation and imumnec shall her maintained limit ma the entire weak is completed and annulled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibil iry and liability, for any and all damage, loss or injury of any kind or nature whatsoever to person or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnily and hold hamdess the Purchaser and my cr all Of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, harges o, expenses, whether direct or indirect, and whether to prounis or property to which the Purchaser may be p I Or riff rel by rmmn of any act, anion, railcar, 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 Purcbuer, or its ofican, agents Or employees at any time on account or by reason of any act, action, neglect Omission or default ol'the Seller of any of his contractors or any of its or ,her, offs ers, agents ar employees as aforesaid, the Seller hereby agrees to mmme the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, changes, 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 cave judgment or otter lien be placed upon or obtained against the pmpeny of the Purchaser, or said parties in or as a result of such suits at other poceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precaution, famish and install all guard necessary for the prevention Of accidents, comply with all laws and regulation with regard to aany including, but withom limitation, the Occupational Safety and Health Act of 1970 and all ales and regulation issued pursuant therein. Revised 03R010