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Home My WebLink About109315 COLORADO DOORWAYS - PURCHASE ORDER - 4402925Date: 05/14/04 City of Fort Collins Page Number: 1 City of Fort Collins Purchase Order Number: 4402925 Delivery Date: 05/14/04 Buyer: STEPHEN, JOHN Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note Line Qty/Units Description Extended Price 1 1 LOT AT THE PARK SHOP, 413 S BRYAN, INSTALL ACCESS CONTROL PER SPECIFICATIONS DATED 4-30-04 AND PROPOSAL DATED MAY 6, 2004. Total 14,481.00 $14,481.00 .... City of Fort Collins This order is AQaalld over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP Accounting Department City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580 Phone: 970-221-6775 Fax: 970-221-6707 Email: info@ci.fortcollins.co.us Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Invoice Address. To ensure prompt Payment mail invoices in duplicate to, City of Fort Collins Accounting Division P.O. Box 580 Fort Collins, CO 80522 Tax exonptions. By statute the City of Port Collins is exempt from state and local taxes. Our Exemption Num is 98-04502. Federal Excise Tax Exemption Certificate of Registry statt d to is registered with the Collector e Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapier39-2b, 114 a Goody Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defect of damage in transit may be retuned to you for credit and are not to be replaced except upon receipt of wrist instructions from the City of Fort Collins. Inspection, GOODS are subject to the City of Fon Collins inspection on anival Fay Aaan the Receipt If the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of Fort Collins. However, n is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection Procedures. FreigAt Terms. Shipments must be F.O.H., City of Fon Collins, 700 Wood St., Fort Collins, CO 80522, unless bill last specified on this order. If p nal charges is given to prepay freight and charge separately, the original freight bill must accompany invoice Additional charges for packing will not be accepted. Shipment Distance. Where manufattmen have distributing Points in various parts of the country, shipment expected from the nears[ distribution point to destination, and excess freight will be deducted from Invoice when shipments n P arc made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, Ordinances and ruls ofthe $rate, municipality, territory or Political subdivision where the work is Performed, w required by any other duly conatimted Public authority havingjmisdittion ovtt the work Of vendor. Sella further agrees to hold the City of For Collins hamrless from and against all liabilityOver and loss incurred by them by reason of M asserted or established violation of an and requirements. y such laws, regulations, ordinances, rules Authorization. All Parries 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, This Purchase Order expressly limits acceptance m the films and conditions stated herein set forth and any supplementary a additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions Proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING 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 rite purchase order and the documents attached hereto. No acts of the Purchasers including, without the Pudan, acceptance e, in addition dds late deliveries, shall operate as a waiver of this provision. In the event of any delay, the holding t shall have, in addid a a other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Selln'shall not be liable for f placing ass as; result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of ere r such acts of Gad, acts of civil or militar orrioC ti authorities, goverrrmemd priorities, fires, strikes, flood, epidemicsgwars Provided that notice of the conditions wusmg such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall N extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY, The Seller warranty that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or afterdescriptions given, will be fit fen the purposes intended, and performed with the higher degree of care and competence in azcurdance with accepted standards for work of a similar nature. The Seller agrees m hold the purchaser harmless from any laps, damage or expense which the Purchaser may suffer Or incur on account of the Sellers breach of warranty. The Sells shall replace, repair or make good without cost to the purchaser, any defects or faulty arising within one (1) year or within such longer period of time as may be prescribed n law or by the terms of any apphwble warranty Provided by the Seller alto the date of acceptance of the goody famished hereunder (acceptance not to be unreasonably delayed), resulting fi'om imperfect or defective work done w claim us famished by the Sella. pccepWee or use of goods by the Purchaser shall not coosdtute a waiver erany 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 w MERCHANTABILITY such liability shall in N event include Ions ofprofits 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 to legal forms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including the quantities originally ordered in the specifications or drawings by verbal or writtenitions to 01 changeorder deletions my such from change affects the O amount due w the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate etweenthis agreement as m env or all guar then not shipped, subject to any equi,sMe Portions of the Progress provided that the Purchaser shall not be liablle for any claims fothe ranticima[ed Y work w amoiah then in Portion the goods and/or work, far incidental or consequential damages, and thaz no h adjustmenproin, on the t be made pitted favor of the Sella with la of many goods which are the Sellers standard stock. No such termination shah relieve the Purchaser or the Sella of any of their obligations as tp any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment am' be attenul within thirty (30) days from the date the charge or termination is ordered. a. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are ler shall excone and deliver such documents as may be required to effect or evidence compllianeesAf laws and ubject 'The Sr elgulations r quit ed to be incorporated in agreements of this character are hereby incorporated herein by this inference. The Seller to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Selers failure to comply with such law. agrees 9. ASSIGNMENT, Neither Parry shall assign, transfer, or convey this order, or any monies due w to became due hereunder without the Prior written consent of the other party. 10. TITLE The Seller warrants full clear and uniesdicted title to the Purchaso for all equipment in performance of this agreement, free and clear of an an q ant' rnatenals, and items furnishes encumbrances and claims of others. Y d all hens, restrictions, reservations, ocean y intnesl I1. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions ha cf, failure Or delay m exercise any rights or remedies Provided herein w by law, failure to pmmptty notify the Seller in the event of a hreach, the acceptance of or Payment for goods hereunder or approval of the design, shall not release the Seller of f any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchasa'to insist upon smct Performance hereof or any of its rights or remedies M to any such goods, regardless of when shipped received w accepted as to any prior or subsequent default hoanda, nor shall any purported oral 16, GOVERNING LAW. The definitions of terms used or hall be the interpretation of the agreement and the rights of all patties hereunder s consumed under and gowned by the laws of the 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 Representatives), on the premises ofothers. IZ SELLERS RESPONSIBILITY. The Solo shall carry on said work at Seller's own risk until the same is fully comptaed and accepted, case of any accident, destruction or injury to the work and/or materials before Seller's fina'pillioncland acceptance, complete famished work at Seller's own expense and to the satisfaction of the Purchaser. When materials and kal Or dint the handle same at the siteedand become responsible therefor as t�ltough slush the andlloequipment w� berg furnished 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 Purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sells shall also carry comprehensive general liability including, but trot limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $3001000 for any one Person, S500,Job for car any e accident and properly damage limit tt accid provde for such romp ensatPent of $400,000. The Seller shall likewise require his contractors, if any, to ion and insurance. Before any of the Sellers w his o any d contacd work upon the premiss of othersaors employes shall , the Seller shall famish the Purchaser with a certificate that such compensation o and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall accepted. be maintained until after the entire work is completed and 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respons or nature whatsoever to persons or proibility, and liability for any and all damage,loss or injury of any kind Perry caused by or resulting from the execution of the work Provided for in this Pofthe urchase order w in connection herewith, The Seller will indemnify and hold harmless the Purchaser and any w oral) whetethe diirrect or indieieetanand whloyees ether train and against any and all claims, loess, damages, charges subject by reason of any act action, neglect omission or Persons nor on dreamy to which the Purchaser may be put or MY of the Sellers or contraction officers, agents or employees. In an any riot oche Other Proceedings any orbit mntraaors, or against the Purchaser, or its officers, agents or employees at any time on account or by marine, O any iaa,be aaion, neglect, omission ordefault ofihe aforesaid, the Sea Seller of any of his contractors w any of its 0, their officers, agents w employes ex Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own incurred expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be proceedings, and in casejudor obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other or or other Tien be Placed upon or obtained against the pmpeny of the Purchaser', or said parties in or as a result of such suits or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving bond a otherwise. The Sella and his corm emts shall take all safety precautionse famish and install all guards necessary for the prevention of azcidenty, comply with all taws and regulations with regard to safety including, but without limitmon, the Occupational Safety and Health Act of land and l all roles and regulations issued punmat thereto. Revised 1I/9