HomeMy WebLinkAbout124317 ADVANCED ROOFING TECHNOLOGIES - PURCHASE ORDER - 9146364Fort Collins
PURCHASE ORDER
Date: 10/30/2014
Vendor: 124317
ADVANCED ROOFING TECHNOLOGIES
4496 BENTS DR UNIT C
WINDSOR CO 80550
PO Number Page
9146364 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARK MAINTENANCE
CITY OF FORT COLLINS
413 S BRYAN
FORT COLLINS CO 80521
Delivery Date: 10/30/2014 Buyer: DOUG CLAPP
Note: ref. annual contract #7530
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Install Roof Shingles 1 LOT LS 7,261.00
2 Upgrade Shingles - Owens 1 LOT LS 738.00
Corning Tru-Definition
Duration Storm - impact resistant shingles
ref. quote dated 10/9/14
Please contact: LeaAnn Haisch
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 Terms and Conditions
Page 2 of 2
L COMMERCLM.DETAIIS.
Tax complaints, By.samte the City of Fort Collins is exempt form state and local lazes_ Om Exemption Namber is I L NON WAIVER.
98411502. Federal Excise Tax Exemption Certificate of Registry 84-tio0o587 is registered wish the Collector of Fvlure of no Purchaser to insist upon strict performance of no learn and mMdiond hrnro[ failure or delay to
Internal Revenue, Denver, Colorado (Ref Calomdo Raised Stawtes 1993, Chapter 39-26,114 (a), easement, any rights or remeeies provided herein or by law, failure to promptly ratify the Seller in the earn, of a
breach, the acceptance of or payment for goods hereunder ot approval ofthe design, shall not release the Seller of
Goods Rejected, GOODS REJECTED 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
damage in transit, may W retumed to you for credit and art not to be replaced except upon asexual of written Purchaser to insist upon strict performance he suf or any of its rights or remedies in to any such goods, regardless
instructions from the City of For Collins. of when shipped, received or accepted, as m any prior or subsequent defaut hereunder, nor shall any pttryorned
om1 modification cur remission of this purchase order by she Purchaseop rnme as a waiver of my of she temss
Inprdion. GOODS are subject o the City of Fan Collins inspection on medical. 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 can the part of the City of For Collins. However, n is to be mrderawal that FINAL Seller and the Purcbass, recognize that in actual encomia is practice, overchre arges wlting from mount,
ACCEPTANCE independent upon completion of all applicable required inspection procedures. violations me in fact home by the Purchaser. Thaetofre, for gosh cause and as consideration for executing this
purchase order, the Seller hereby ressigm to the Purchaser any our all claims it may now have in hereafter
Freight Tema. Shipments most be F.O.D.. City of Fan Collins, 70) Wood St., Pan Collins, CO 80522, wless
otherwise spaified on this order Iflrormiwion is given to prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges forpacking will rem be accepted.
Shipment Distance. Where manufacturers have distributing points in various Pans of the country, shipment is
expected tram the nearest distribution point to denotation, and excess freight will W dducmd from Invoice when
shipments are made farm greater de trace.
squired under federal or state mtitiost lass for such .11daaga relartng m me pmicular good or staircases
purchased or acquired by the Purchaser parsumt to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Foreruns, directs the Seller Ira armed nonconforming or defective goods by a data to be agreed upon by the
Pumbaur and the Seller, and lee Seller stationer indicates its inability u, unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious memo available to it, and the Sella shall Pay all
costs associated wish such work.
Permits. Seller shall p.am at sellers sole ran sll necessary Remits, certifientm and licerssrs required by all
applicable laws, regulations, ordinances and mks of the state, municipality, territory or political subdivision where
me work is performed, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller licit agrees to hold the City of Fan Collins harmless form and against all liability and lass
incurred by them by mason of m asserted we established violation of any such lass, regulations, ordimnees, pules
and rquitemenm.
Aufodzation. All parties to this contract agree that the rcpmserionves are, in fact, Was fide and possess full and
complete authority to bind said parties.
LI MITA'I DON OF TERMS. This Purchase Order expressly limits acceptance to the human and condition stated
herein set forth and my supplcmmtary or additional team and conditions annexed hereto or incoryommd herein by
outcomes. Any additional or dif&rml at. and cottdidon propmad by seller am objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery data as rated. Time is .li the essence. Delivery and pedomnnce must be affected within the tine
stated on the pumhau order and me documents attached hereto. No acts of the Purchaers including, without
limitation, acceptance of panel late delivaries, shall operate in it waiver of this provision. In the event army delay.
the Purchaser shall have, in addition to other legal and equitable remedies, do option ofplacing this under elsewhere
and holding the Seller liable for damage. However, foe Seller shall can W liable for damages m a retch of delays
due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or nifto ry authorities, govemmmtal priorities, fires, strikes, Rood, epidemics, wars or
fiats provided that notice of the conditions causing such delay is given m Ne Purchaser within five (5) days of the
time when the Seller first received krmwledge thereof In the event of my such delay, the dam of delivery shall In
extended for the period equal to the ore actually lost by rmson ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, trademark and work covered by this order will conform wish applicable
drawings, specifications, samples ou r other descriptions given, will be fit for the purposes iatendd, and
Performed with the highest degree of care and competence in accordance with accepted standard for work of a
imilm mture. The Seller agrees to hold the purchaser harmless farm any fu, damage err axpeme which she
Punha ear may suffer or incur on account ofthe Sellers breach ofwartanry. The Sella shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time in may W prescribed 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 o W unreasonably delayd), reaching from tmpeafa9
or defective work done or materials famished by me Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this wvrmnty. Except in otherwise provided in this purchase order, she Sellers
liability hereunder shall extend to all damages proximately card by the bench of any of Nc foregoing warranties
or guarantees, but such liability shall to no event include loss of profits or loss of tau. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchmer may make changes to legal arms by wdnm change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the moves. other than legal terms, including addition, to or deletiom from
she quantities originally ordered in the specification or drawings, by vestal or wr wn change order. If any such
change affects the amount due or the time ofFerformance hereunder, an equitable adjustment shall W made.
6-TERMINATIONS.
The runchuer may at any time by wrinen change order, mrsatnam this agreement as m any or all largo ns of in.
goad then not shipped, subject to my equitable adjustment between the panics res to any work or materials then in
progress provided Out the Purchaser shall not W liable for any claims for anticipated pmfls on the uncompleted
portion ofthe goods and/or %ark, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with re specuo my gaud which art the Sellers standard stock. No such termination shall relieve
the Purchaser in the Sella story oftheir cha igmion as to any Boods delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment mart be asserted within thimy (30) days tram the date foe change or tcnniration is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warams that all goods sold hereunder shall love been purchased, sold, delivered and famished in strict
compliance with all applicable laws and experieiom in which the goods are subject The Sella shall execute and
deliver such documents as may W required to effect or evidence compliance. All laws and regulations eequird or W
morpommd to agreements of this ehamcter are ha¢by incorporated herein by this reference. The Seller agree to
indemnify and hold the Purchaser harmless from all costs and damages suffered by fe Puchaser as a result of the
Sellers failure to comply with such now.
9. ASSIGNMENT.
Neither parry shall assign, marafar, or convey, this order, or my monies than or to become due hereunder withom the
prior wdnen consort ofthe other party.
10. TITLE.
The Seller warrants full, clear and unrestricted tide to foe Purchmer for all equipment, modals, and items famished
in parliament of this agreements, flee and clear of my and all liens, mtriction, resmmtotss, ucuriry interest
eocumbmnces and claims of mhos,
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party relemd and shall extend to the
directions, Men. and empri ems ofmch party.
The Sellers cantmctml obligaionu, including wamaary, shall not be decmed to W reduced, in my way, because
such work is performed or caused to W Performed by the Pandaser.
14. PATENTS.
Whenever the Seller is required to me my design, device, material or process covered by lever, patent, tedemark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such pntenmd design, device, material or process in connotation with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may W obliged ro pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In cure said equipment, or
my par thereof or the intended use of no goods, is in such suit held to contitam infringement and the use of
said equipment or pat as enjoined, the Seller shall, at its own expense and at its option, either procure for she
Purchaser Ne right to cominue using said equipment m pans, replete the same with substantially qml be,
naninGnging equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If she Seller shall become insolvent or bankrupt, make an assignment for the benefit of cr inters, appoint a
receiver or drame for my of the Sellers property or business, this order may forthwith W czrmeled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of tears used or the interpreter i on arthe agreement and she 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 cases where the Seller is to perform work hereunder,
including the services of5ellars Repmworative(s), m the premises ofothns,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in se of any accident destruction or injury to the work andim materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Pum ea When materials
and equipment are breakfast by offers for installation or erection by she Seller, she Seller shall receive, unload,
store and handle same at the site ad become responsible therefor in though such materials similar equilateral
were being fumishd by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own experzm, provide for me payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with she work covered by this purchase order,
and/or to ,Mir deperdenrs in accordance with the lass of the some in which the work is to be dam. The Seller
shall also carry comprehensive general liability including, but not limited to, commercial and automobile public
liability insurance with bodily injury and death ]traits of at least $300,0oD for any one person, $500,00h Inc any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
conammons, if any, to provide for such compensation and insurance. Before my of the Sellers or his mmmctors
employees shall do my work upon the premises of others, she Seller shall fiunisb the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates x1mi specify the date when such
cnfily,witim and inumom have been prma d. Such certificates, shall specify she date when such compensation
and insurance expires. The Seller agrees Nat such compensation and insurance shall W maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the net responsibility and liability for any eb all damage, loss or injury army kind
r mount whatsoever to persons at property, caused by or resulting form the execution of she work provided for in
this purchase order or to connection herewith. The Seller will indemnify and hold bmmless the Purchaser and my
we all of the Purchasers officers, agents and employces fiom aad against my and all dorms, losses, damages,
charges or expenses, whether direct or indirect, and whether m persons or property to which the Purchaser may
Joe pa, or subject by reason of any act, to., neglect, omission or default on the part of she Seller, any of his
contmetors, or any of the Sellers or contractors officers, agents or employees. In ause any suit or other
peaceedmgs shall W brought against the Purchmer, or its officers, agents or employees at my dare on account or
by reason of any act, sedan, aeglecl, omission or default of the Seller of my of his c nsi ractoes or any of its nr
their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the der thereof and to
defend the same in the Sellers own expense, to pay any and of costs, charges, artomeys fors and other expenses,
any and all judgments that may be incurred by or obmmed against the Puchaser or any of its or their officers,
agents or employees in such suits or other proceedings, and in wse judgment or other lien W placed upon or
obtained agaiml the property, of the Purchaser, or said parries in or m it result of such suits or other proceedings,
the Seller will at once atue the same m W dissolved and discharged by giving bond cur otherwise. The Seller and
his contractors shall take all safety precaution, famish and install all pounds necessary for the pm'rntion of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety and Hemf As, of 1970 and all rules and regulations issued pursuant thereto.
Revised 07n014