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HomeMy WebLinkAbout124317 ADVANCED ROOFING TECHNOLOGIES - PURCHASE ORDER - 9145714PO PURCHASE ORDER 914571er Pogo C117/ of PURCHASE 45714 1 of z Flirt Collins( his number must appear /�',-_\V`, ` V " 1 1 on all invoices, packing �slips and labels. Date: 10/02/2014 Vendor: 124317 ADVANCED ROOFING TECHNOLOGIES 4496 BENTS DR UNIT C WINDSOR CO 80550 Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 10/02/2014 Buyer: DOUG CLAPP Note: ref. annual contract #7530 Line Description Quantity Ordered UOM Unit Price Extended Price I Cottage Roof Repl 1 LOT LS 5,670.00 invoice # 13-342-1 date 9/9/14 z Wash and Fuel Roof Repl 1 LOT LS 25,108.00 invoice # 13-342-2 date 9/9/14 3 TMF Parapet Roof Repl 1 LOT LS 5,825.00 invoice # 13-342-2 date 9/9/14 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tens and Conditions Page 2 of 2 1. COMMERCIALDEfAILS. Tax exemption. By Mont the City of Fort Collins is exempt frous stare and local taxes. Our Exemption Number is 11. NONWAIVER. 98-0,1502. Federal Excise Tax Exemption Crnificate of Registry 84-60hil is registered with the Collector of Failure of the Purchaer to insist upon stet performance of the team and mndirions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colomdo Revised Starams 1973, Chapter 39-26, 114 Ed. exercae any rights or remedies provided herein or by law, failure to promptly notify the Seller in or event of a breach, the acceptance ofor payment for grads hereunder ar approval of the design, shall or .[Mae the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wareamia or obligations of this purchase order and shall not be deemed a waiver of any right of me damage in transit, may he reamed to you for credit and are not to he replaced except upon receipt of written purchaser m insist .,an strict performance hereofor any of its rights or remedks as to any such goods, regardless innowlions from the City of Fan Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any imported am] modification or rescission of this purchase order by the Purchaser opemre as a waiver of any of me terns Inspection. GOODS are subject to the City of Fon Collim inspection on arrival. hereof. Final Acceptance. Receipt of thc memh iu, services or equipment in response to this order can result in 12_ ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymmr on me pan of the City of Fro Collins. However, it is to b, understood hat FINAL Seller and me Purchaser ecognize Out in actual economic practice, overcharges rand., from anarrust ACCEPTANCE adependentuponmmpletionofall applicablerequir l inspection procedures. violations are in fact home by me Purcdwa.There,ofoe, for and muse and w comideration for earnamg this parties, order, the Seller hereby wages to the Purchaser any anal all claims it may now have or hereafter Freight Terns. Shipments must be F.O.K. Ciry of Fan Cathie, 700 Wood Sr, For Collins, CO 80522, unless acquired under frdeml or site antitrust laws for such Overcharges relating a the particular goods or services Otherwise specified on this coder. If permission is given to prepay freight and charge separately, me original freight purchased or acquired by he Pardoner pursuant to this purchase order. hill must arrowroot invoice. Additional Ounces for cosine will not be accented. Shipment Distance. When, manufacmrers have dominion, points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be dtucted fain Invoice when shipments are made from greater distance. Pants. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses inquired by all applicable laws, regulations, machineries and rates of the state, municipality, territory or political subdivision whom the work is performed, or required by any other duly.womted public authority having jurisdiction over he work of vendor. Seller further ogees in hold the City of Fiat Collins harmless from and against all liability and I. incurred by no. by rcwon of an assured or established violation of any such laws, veguladmss, War.. ones and acquirements. Authorization. All panics to this contract agree that me representatives are, in fact, bow fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to me hem¢ and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions paposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mMet make complete shipment m arrive on your promised delivery date as noted. Time is of he essmw. Delivery and Performance men be efRcted within the time stated on the purchase order and the documents watched hereto. No acts of the Purchasers including, without limiwtim, acceptance if panial late deliveries, shall Operate as a waiver of this provision. In me event ofany delay, the Purchaser shall have, in addition to other legal and yuitable remedies, the option of placing this order elsewhere and holding the Seller liable for damage. However, me Seller shall not ho liable far damages as a result of delays due to causes nor reasonably foreseeable which are beyond its reasonable central and without in fault of negligence, such acts of God, acts of civil or military authorities, goveommemal priorities, Ores, strikes, food, epidemiou, wars or riots provided that notice of the conditions causing such delay is given In the Purchase within five (5) days of the time when me Seller for received knowledge thereof In the event of any such delay, the date of delivery shall be extended far the period equal,. the time actually lost by nation of me delay. 3. WARRANTY. The Seller warnts mat all goods, oriels, rwtmals and work covert by %is order will ..form with applicable drawings, sfccificamos, samples aaVar timer dercdpos. given, will W in for me purposes intended, and performed with the highest degree of care and competence in accordance with accepted stir for work of a imdar a are. The Seller agrta to bold the purchase, harmless from any loss, damage or expense which the Purchwa trey surfer or incur on account of the Sellers breach oftemeny. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults ansing within one (1) year or within such longer period of time as may be prescribed by law or by the teats of any applicable warranty provided by the Seller after the date of acceptance of the goods Finished hereunder foreclosure era, to be unreasonably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or use of goods by the Purchaser shall not owtimte a waiver of any claim under this waranry. 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 me foregoing communes or guarantees, nor such liability shall in no event include loss of profs or Ives of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pmelower may make changes m legal temp by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or dmwingz, by verbal or wren change ogler. If any such change Officers the amount due or the time ofiantarmance, hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Puschwer may an any time by written change coder, terminate this agreement w to nay or all pudimis of the good then not shipped, subject to any equitable adjustment between the panirs in in any work or materials then in progress provided that the Purchaser shall not be, liable for any claims for anticipated pmtits on the uncompleted pinion of the goods aral work, for incidental or.wryucndial damages, and ram no such industrial trial be made in favor of me Seller cent respect to any goad which are me Sellers suMard stock. No such mnni ation shall relieve the Puehwa or the Seller of.ny.f,hei, obligatimis as an any good delivered henrMee ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he warned within thirty (30) days from the date the change or termunation is coined, S. COMPLIANCE WITH LAW, The Seller womerm hat all goods sold hereunder shall have been produced, sold, delivered and finished in strict compliance with all applicable laws and regulations to which the good ere subject. The Seller shall execute and deliver such documents as may be squired to a@et or evidence compliance. All laws and regulation «gaired an M incorporated m agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify wad hold me Purchaser harmless from all earn and damages suffered by the incidence w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, wtufer, of convey this was, or any monies due or to became due hereunder without me prior written toward of the other party. 10. TITLE. The Seller warrants full, clew and unrestricted title to the Pardoner for all equipment, materials, and items famished in performances of this agreement, free and clew of any and all lies, renriaians, reservations, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cancer nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to it, and the Seller shall pay all vests wmclaoed with such work. The Seller shall relrom the Pumhazer and its contractors of any tin from all liability cord claims of any nature resulting fcam the pert anti of such wort:. This release shot) apply even in the event of fault of negligence of me party released and shall extend to me directors, olBcers and employees ofMch parry. The Seller's contractual obligations, including warrmty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever no Seller is machied to use any design, device, material or process catered by liner, proem, trademark or copyright, the Seller shall indemnify and save bmmlew the Purchaser firm any and at I claims for infringement by remain of the use of such patented design, device, material or prmess in connection with the contract, and shall indemnify the Purchaser for any net, expense m damage which it may W obliged to pay by mown of such infringement ar any time during the prosecution or after the completion of me work. In case said equipment, or any pan thamf err the ime.Jed use of me gook, is in such suit held an commer. infringement and the sea of said equipment or part is enjoined, the Sella shall, at its own expense and at its option. either procure for me Purchaser the right to continue using said equipment or Pans, replace no same with substantially rgwl but omdnfnging equipment, or modify it so it becomes noninllinging. 15. INSOLVENCY. If the Seller slwll became insulting, or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for far any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitive ofrerms mod or the imrpretation of the iti eanem and the rights ofall panics hrrewder shallho .n cared under and governed by me laws ofthe Stare ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereurMa, including the smices of Sellers Rrpres umagive(d. on the premises of.dows. I]. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in awe of any accident deswetion or injury m the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchener. When nationals and equipment tie Pomishe l by others for installation or erection by the Sella, me Seller shall receive, unload, store cad hamlle vme err the sire and become respowibh, therefor as tough such answi ds amVor beimpment were being fumished by me Sella under the order. 18. INSURANCE, The Sella shall, at his own expense, provide for the payment of workers compematiov, including occupational disease hosanna. to its employees employed on or in connection with the wed covered by this purthawe order, anNm m their dependcnn or accordance with the laws of the stare in which me work is to be done. The Seller shall also carry comprehensive general liability, including, but not limited to, contractual and automobile public liability, insurance with bodily injury and death limits orm least S300,000 for any one Person, $500J001 for any one accident and property damage limit per accident of S400,00in The Seller shall likewise requite bus contractors, if any. to provide for such compensation and insurance. Before any of the Sellers Or his contmmars employees shall do any work upon the premises of others, the Seller shall fumish the Purchaser with a certificate that such compensation and insurance lave been provided. Such cenifwnes shall specify the date when such compensation and insurance have been provided. Such cmtfinars shall specify the date when such compensating and ineurance expires. The Seller agrees that such compensation and iruwame shall he maintained until after the entire work is completed and werpted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass roes the more responsibility unit liability for any and all damage, was or injury of any kind or nature whatsoever to person, or property caused by or resulting from the execution ofthe work Provided for in his purchase order or in connection herewith. The Seller will indemnify and hold hwmlms the Purchaser aM nay call of the Purchasers officers, agents and employers from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Set lee any of his contmmors, or any of the Sellers or contranors officers, agents or employees. In case any suit or other proceedings shall be brought against me Purchweq or its officers, agents or employees at any time on account or by reason of any act action, neglect, omission or default of he Seller of my of his contractors or any of its or then officers, agents Or employees an aforesaid the Sella hereby agrees an assume the &fr. thereof and e defend he same, at the Sella own expense, to pay my w it all costs, charges, attorneys fees and oho apenses, any and all judgments hat may be mu aroi by err obtained against he Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in now judgment or other Jim be placed upon or .blamed aflaiw, me property nine Purchaser, or said pasties to or as a result of i.h suirs or cite, proceedings, the Seller will at once cause to same to be dissolved and discharged by giving bond or otherwiu. The Sella and his contractors shall take all safety precautions, fumish and im ill all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without [initiation, me Occupational Safety and Health Acton 1970 and all rules and regulatiow issued pursuant thereto. Revised 07R014