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HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9956921Date: 11 /19/2009 City of F6rt Collins Page Number: 1 Purchase Order Number: 9956921 Delivery Date: 11/19/2009 Buyer: HUME,JAMES Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 Continental Ctrl Pnl Upgrds Per Bid #7088, Alternate 1 Continental Control Panel Upgrades City contact: Steve Strickland, 970-221-6536 City of Fort CqFinf Director of Purchasing and Risk Management This order is ftValid over $5000 unless signed by James B. O'Neill ll, CPPO 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 26,450.73 Total $26,450.73 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 30-26. 1 14 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications either when shipped Oreille to defects of darnage in transit, may be retuned to you for a edit and are not to be replaced except upon receipt of written instructions from the City of For Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on mrival. Final Acceptance. Receipt of 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, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. I f permission is given to prepay freight and charge separately, the original f eight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pats of the country, shipment is expected from the nearest distribution point to destination, and excess freight will he deducted fi-onh Invoice when shipments are 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 rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact bona tide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns 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 proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou 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 the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In 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 control and without its fault ofnegligerice. such acts of God, acts of civil or military authorities, governmental priorities. fires, strikes, flood, epidemics, tears or riots provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the time when the Seller first 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 lost by reason of the delay. 3.WARRANTY. The Seller wan -ants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Pmehnser may suffer or incur on account of the Sellers breach of warranty. The Seller 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 as maybeprescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of ary 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 fin'egoing warranties or guarantees, but such liability shall in no event include loss of profits of loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser ney snake changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns. including additions to nr deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjusunent shall be made. 6. TERMINATIONS. The Purchaser may at anytime by written change order, terminate this agreement as to any ur all portions of the goods then not shipped, subject to any equitable adjustment between the patties as to any work or materials then in progress provided that the Purchaser 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 adjusunent be made in favor ofthe 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. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. 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 subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suf red by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of Article XXVIII of the Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 of Article XX V I I I are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is "contract holder" as defined in Section 2(4.5) ofArticle XXVIII intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or public employment with the state of Colorado or any of its political subdivisions, for three years. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any ninnies due or to become due hereunder without the prior written consent of the other patty. 10. TITLE. The Scller %van mus full, clear and not title to the Purchaser For all equipment, materials, and items fumahed in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest encumbrances :and clains of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict perfomance of the terns and conditions hereof, failure or delay to exercise nny rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purclmase order and shall not bedeemed a waiver of any right ofthe purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. - Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fi-om antitrust violations ate in fact bonne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns (Little Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. - If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and tine Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaserrnay, cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors ofany 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 released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, 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 the Scller is required to use any design, device, ntaterinl or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamiless the Purchaser fiom any and all claims for infiingement by reason ufthe use o(such patented design, device, nnaterial or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense m damage which it,may beobliged to pay by reason ofsuch infringement at anytime during t he prosecution or after the completion of the work. lit case said equipment or any par thereof or the intended use of rile goods. is in such suit held to constitute infrngement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts. replace the same With substantially equal but non-infi inging equipment, or modify it so it becomes non -infringing. 15. INSOLVENCY. If the Scller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a receiver or trustee fill any of the Sellers property or business, this order my forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. "file definitions of tents used or the interpretation of the agreement and the rights of all parties hereunder shall be consu'ued under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only incases where the Seller is to perfornn work hereunder, including the services of Sellers Representative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall canyon said work at Seller's own risk until the sane is fully completed and accepted, and shall, incase of any accident. destruction or injury to the work and/or materials before Seller's final completion and acceptance, omplete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being 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 Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurancewith bodily injury and death limits of at least $300,000 for any one person, ,$500.000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Betbre any of the Sellers or his contractorr s employees shall do any work upon the Ill emises of others, the Seller shall furnish the Purchaser with a certificate that such compensation 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 be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. _ The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature 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 Seller will indemnify and hold hamiless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all clains, losses, damages. charges or expenses. whether direct or indirect and whether to persons or property m which the Purchaser maybe put or subject by reason of any act, action, neglect, omission or default on the put 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 Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, ornission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that maybe incurred by m obtained against the Purchaser or any of its m their 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 ofthe Purchaser, or said parties in oral aresult ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and dischmged by giving bond or otherwise. "file Seller and his connectors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 04/2009 Price Proposal (2 pages): Bid # 7088 Continental Control Panel Upgrade Enter quantities, unit costs, if combining controller specify on separate sheet. Item# Qt Descri tion Ext. Cost 1 2 Replace 6 Micro Terms with 6 $ 729.11 $ 80.00 $ 1,618.22 Super Two Controllers 2 7 Replace 8 Mini Terms with 8 Super $ 729.11 $ 80.00 $ 5,663.77 Two Controllers 3 6 Replace 5 SmartTerms with 5 Turbo $2,178.30 $ 1 00.00 $14,029.80 Super Four Controllers 4 1 Replace 2 Micro Term and 1 with 1 $2,844.12 $ 480.00 $ 3,324.12 Superterm 8 Startup / Test & verify $ 320.00 $ 320.00 Documentation & drawings No Charge No Charge No Charge Other (specify on a separate sheet) $ 254.82 $ 1,240.00 $ 1,4 44.82 Total: $26,460.73 Fxhihif A• I i¢4nf Ritvmnno A. - -- - - - .'J.... . ?UMLIV11J Pnl Existin New Panel Turbo SuperTerm 1 117 N. Mason 215 N. Mason SmarTerm Four Turbo SuperTerm 2 215 Tele. Room 215 N. Mason SmarTerm Four Possibly combine panels #3, #4 & #19 into Turbo 3 215 Excerclse Room 2155 N. Mason MicroTerm Su erTwo $ 215 Bike/Natural 4 Resources 215 N. Mason MiniTerm SuperTwo 215 2nd Fir, N. 7 Hallway (HR) 215 N. Mason 'v""'erm SuperTwo nd Fir N. y :8T(H 215 N, Mason MicroTerm SuperTwo Possibly combine panels 215 2nd Fir S. Lobby #9 and #10 into Turbo 4 9 (Finance) 215 N. Mason M1croTerm SuperTwo 215 2nd Fir Safes 10 Tax Hallway 215 N. Mason MicroTerm SuperTwo 215 2nd Flr 11 S.Hallway (Rsk Mgt) 215 N. Mason MiniTerm SuperTwo 215 3rd Fir 12 S.Hallway (MIS) 215 N. Mason MiniTerm SuperTwo 215 3rd Fir N. Lobby 13 (CRPE) 215 N. Mason MicroTerm SuperTwo 215 3rd Fir N. 15 1 Hallway (CRPE) 215 N. Mason MiniTerm SuperTwo 215 1st Fir, S. 215 N. Mason MicroTerm 19 Hallway (Pkng) SuperTwo Turbo 215 1st Fir. S. Lobby SuperTerm 20 (Pkng) 215 N. Mason SmarTerm Four Turbo Park Shop Downtown SuperTerm 33 Downtown ParkShop SmarTerm Four EPIC - Concession EPIC -1801 41 Area Riverside Dr MiniTerm SuperTwo Turbo Fossil Creek SuperTerm 25 Fossil Creek Malnt Maint, Shop SmarTerm Four Lincoln - Coat 38 Closet Lincoln Center MiniTerm SuperTwo Museum - Boiler 43 Room Museum MiniTerm SuperTwo Additional Submittals: Submit information detailing the relevant experience for the lead technician who will be assigned to this project, if awarded to your company. Provide a brief narrative of the training and skills of other personnel who would be assigned to the project. Provide the name, title and phone number for the company employee primarily responsible for coordination with the City on any issues involved in this project. Name: Dave Gale Title: Project Manager Phone: 303-291-1002 For technical questions, contact Steve Strickland, Operations Services, 970.221- 6336 For questions conce ning bid procedures, contact Jim Hume, Senior Buyer, phone: 970- 221-6776 or email• j ume@fcgov.com n 1 !1 Signature: Title: Executive Vice President Company name: Colorado Doorways, inc. Date: 11/12/09 COI.ORA00 DOCPIAJAYu, INC. IAGE Street: 3333 E. 52"d Ave Phone #: 303-291-1002 City: Denver Fax #: 303-293-8936 State/Zip: CO 80216 Email: dupuis@codoor.com