HomeMy WebLinkAbout262877 RTN ROOFING SYSTEMS - PURCHASE ORDER - 9150247Fort of
Date: 01/13/2015
Vendor: 262877
RTN ROOFING SYSTEMS
5854 LOCKHEED AVE
LOVELAND CO 80538
PURCHASE ORDER
PO Number Page
9150247 1012
This number must appear
on all invoices, packing
slips and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Blanket Order
Misc. Labor/Materials
cover the cost of miscellaneous labor/materials
for fiscal year 2015 per bid #7082. All services shall
be ordered by City Facilities department only.
All completed services must be accompanied by
an invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
4��'Flii
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
17,000.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By stamto the City of Fon Collies is exempt tram state and local rases. Our Exemption Number is
I L NONWAIVER.
98-04502, Federal Excise Tax Exemption Cenificme of Registry g4-60o0587 is registered with the Collector of
Failure of the Purchaser to insist upon strict tiff antt of the lams and ...ditiorts hereaf, failure or delay to
Inmmal Revenue, Denver, Colorado (Ref. Colo.& Revised StamW 1973. Clpmpa 39-26. 114 (a).
exercise any rights or remedies provided herein or by law, failure to pmmptly amply the Sella in me event of a
breach, the acceptance ofor payment for goods hereunder or appmvm of the design, shall not release me Seller of
Goods Rejecal. GOODS REJECTED due to failure to and specifications, either when shipped or due to differs of
any of the warranties or Obligations of this purchase aide, end shall not be deemed a waiver of any right Of Ih,
damage in .-it, may he remmed to you for credit and am not to be replaced except upon receipt of written
purchaser to insist upon strict performance hemofm any ofits rights orremedies not to any such goods,regardless
instructions from the City of Fan Collins.
of when shipped, received or accepted, r s to y prior or subsequent default hereunder, nor shall any parponed
oral modification Or radiation of this purchase order by the Parchasa opemm as a waiver of any of the terms
Inspections. GOODS are subject to the City of Fort Collins inspection on amval.
hereof.
Final Acceptmce. Receipt of the merchandise, services or equipment in response so this order can rant, ht
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mtdrind paymen, an me put of the City of Fort Collins. However, it u m be understood that FINAL
ie practice, ovcharges resulting from autimust
Sella and the Purchaser recogrrim that in actual a mOvercharge;
ACCEPTANCE is dependent upon complaionofallapplicable requirediamadin menedmes.
violations art intact bone by the Prrchsser. Theretofare,fm good cause and as consideration for executing this
purchase aria, the Sella hereby assigns to me Purchaser any and all claims it may now have or hereafter
Freight Temp. Shipments most be F.O.B., City of Fort Collins, IN Wood 5,., Fort Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill must accompany invoice. Additional charges far oackin¢ will not be accepted.
Shipment Distance. Where manufacturers have distributing Points in various pans a me country, shipment is
expected from me nearest distribution point to destination, and excess freight will be deduced from ].voice when
shipments are made from gamer distance.
Permits. Seller shall procure at sellers sole cost all necessary pennies, certificates and licenses respond by all
applicable laws, regulations, applications mM miss of she state, municipality, territory or political subdivision where
me work is performed, or resprird by any other duly consumed public authority having jurisdiction over the wok
Of vendor. Seller further agrca m hold the City of Fart Collins harmless tram aal against all liability ad loss
ineurnal by them by reason of m asserted or established violation of any such laws, regulations, ordinances, mas
and requirements,
Authorimtion. All parties ro this commit agree that He repppeco mica are, in fact, bona file and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein sa toed and any d,lemmmry or additional trim and conditions annexed hereto or incopomted herein by
reference. Any additional or diffident Iran and condition proposed by seller ass objected to and hereby rejated.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if yam coma, make complete shipment to arrive an year
promised delivery date res noted. Time is of the essence. Delivery and peibmince must be effected within the time
stated on the purchase order and the it... u attached hereto. No acts of the Purchasers including, without
limitation, acceptance internal late deliveries, shall operate as a waiver of fis provision. ]a the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for Damages. However, the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which are beyond its reasonable Import and without its fault of negligence.
such acts ofOd, acts ofcivil or military authorities, govemmenml priorities, Loss, strikes, flood, epidemics, wars or
lots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Sella first received knowledge therm[ In the event of any such delay, do dam of delivery sbml be
extended for the paid pars] to the time mmmly lost by rasa. f,ha delay.
3. WARRANTY.
The Seller warrants that all goods, articles, Impairs pal wok covered by this order will cant with applicable
drawings, specifications, complex andor other descriptions given, will be fit for no purposes imgdd. and
performed with the highest degree of care and compemrom in accordance with accepted standards for wok of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suR or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost o the purchaser, any damcu or f Its arising within one (1) year or within such longer period of
time as may b, prescribed by law or by me tams ofany applicable warranty provided by me Seller after the die of
meeptanre of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from Impmar
or defective wok done or materials f ishal by the Seller. Acceptance or use of good by do Purch. xr shall Out
ampande a waiver of any claim under this warranty. Except es mbeswix provided in this purchase order. me Sellers
liability hereunder shall extend to all damages posinexmly caused by the breach of my of me foregoing waramia
or uppr mees, but such liability shall in m event include loss of pmfss or loss ofuwe NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terns by wdren change odes
5. CI IANGES 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 specifiwtimw or drawings, by venial or wrinen cbmge order. If any such
change.171fiects me...or due or the time of performance hereuder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaad may m any time by written cMngc coder. terminate His agreement as an any or all portions of me
good then am shipped, subject to my equitable adjustment between the parties as to any work or materials men in
progress provided that the Purchases shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or 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 of any of their obligations as to any goods delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within flurry (30) days from the date He change or m pima. is
accepted.
8. COMPLIANCE WITH LAW.
The Sella wamnis that all goods sold hereunder shall have been produced sold, delivered and Burnished in Stier
compliance with all applicable laws and regulations to which the goods one subjecL The Sella shall execute and
deliver such documents as may be required in effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this rt@rmce. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs end damages auffmad by He Purchaser ns a result Of the
Silas failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior vaO en consent of the other party.
I O.TITLE.
The Sella warrmts full, clear and umesvicted fide to no Purchaser for all equipment, nationals, and items f zhal
or paratmapce of this ageenrenL f mtd clear of my and all liens. restrictions, reservations, wavily intemst
encumbrances and claims fothers.
13, PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If me purchaser directs the Seller to correct nonconforming or defective goods by a dam m be agreed man by the
Purchaser and the Seller, and He Seller thereafter indicates its inability or unwillingness to comply, the Portland
may cause fe work a be performed by the mast expeditious means available to it, and the Seller shull pay all
casts associated with such wok.
The Seller shall mt. the Purchased and ins eanteaemrs of any tier from all liability and claims of any nature
resulting from the performance ofmch work.
This release shall apply even ht the event of fault of neglgew, of the parry released and shall extend to fie
directors, oRicas and employees ofsach party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is psaformd or caused to be performed by the Parebaser.
14. PATENTS.
Whenever no Sella is required m use any design, device, material or process conrd by liner, patent mdemrk
copyright, the Sella shall indemnity and save hamless me Purchaser from any end all claims for iaGngen¢nr
by tasan of the use of such patented design, device, material or process in connection with the comrxL ad
shall indemnify the Purchases for any cost, expense or damage which it maybe obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan Hereof or the imeudal use of the goods, is in such sup, held to constitute infriogemmt and He use of
said equipment or pan is enjoined, me Seller shall, an its awn expense and at its option, either procure for the
Purchoser the right to continue using said equipment Or pans, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes moninfringing.
15. INSOLVENCY.
If He Seller shall became insolvent or bandrmpt. make an avagmneot far me benefit of dedimrs, appoint a
receive,oI uusta, far any of the Sellers topiary or business, Lou, ardor, may fanhwith be dowelal by the
Purchases without liability.
I& GOVERNING LAW.
The definitions ofterms tud or the interpretation of the agreement and the rights of all parties havander shall be
constmed coda and Located by the laws of me State of Colorado, USA.
The following Additional Conditions apply Only in cases where the Sella is to perform work hereunder
including the services of Sellers Representatieds), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Settees own risk until the same is fully completed and accepted, and shall,
in au of my accident, destruction or injury to no work pallor materials began, Sellers final completion and
acceptance, complete the wok at Sellers own expense aud W He satisfaction of the Purchaxr. When mmeials
and equipment art ftun shad by others fur installation in erection by its, Sella, me Seller said receive, reload
scare and handle same at me site and become responsible therefor as though such materials auditor equipment
were being banished 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, m its employees employed an or in connection with he work covered by this purchase order,
and/or to their dependents in accordance with the laws of the spite in which the 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 of m least $jogbpo for any one paper. $500,000 for any
me accident ad property damage limit per accident of 5400,000,. The Seller shall likewise ,quire his
cornmenom if any, to provide for such compensation
and bourance. Before my of me Sellers or his contractors
ees employshall do my wok upon tbe premises af otbers, the Seller shill Famish the Purchaser wif a cemfncam
cast such compensation and insurance have been Founded. Such cenificam $bra[ specify the dare when such
compematim mull insurance have beer provided. Such cenifiates shall specify me date when such compematio s
and imumnce expires. The Seller moves that such compensation and insurance shall a maintained until after the
moire wok is completed crud accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind
r mlurc whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Sella will indemnify and hold hamdeas the Purchaser and any
r all of me Purchasers oficat, agents and employees tram and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to patient or property to which me Purchase may
be put or subject by reason of my act, action, region, omission or default on the pan of me Sella, my of his
Imperma, or my of no Sellers or mardescmrs officers, alters Or cmPlay.,. In cox my suit or timer
proceedings shall be brought against me Purchaer, or its officers, ages¢ or employees in my time on accounr or
by reason of my an, ration, neglect, omission or default of the Seller of any of his Intmdors or my of its or
their officers, agents or employces in aforesaid, me Seller hereby agras to assume the del maned and to
defend the same at the Sellers own eapense, to pay my and all costs, charges, attorneys fees and other expe rma,
my and all judgments that may be incurred by or obtained against the Purchaser or my of its or meir officers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or ofer proceedings,
the Sella will al more cause me same to te dissolved crud dowhargd by giving bond or ohetivion. The Seller and
his contractors shall rake all safety precautions, furnish and paid] all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occuptional Safety and Health Ad of 1970 and all pales and regulations issue purstavt therein.
Revised 07M14