HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9111363City OfPURCHASE ORDER PO Number Page
9111363 1 of 2
Fort
Coll I n s This number must appear
` J on all invoices, packing
slips and labels.
Date: 03/07/2011
Vendor: 109315
Ship To:
OPERATIONS SERVICES
COLORADO DOORWAYS INC
CITY OF FORT COLLINS
3333 E 52ND AVE
300 Laporte Avenue
DENVER Colorado 80216-2322
Building B
FORT COLLINS Colorado 80521
Delivery Date: 03/07/2011
Buyer: JAMES HUME
Note:
Line Description
Quantity
Ordered
UOM Unit Price Extended
Price
YAC Access Control
1 LOT
LS 4,438.00
Transfort portion. (Per proposal - Keying $736.00;
Access Control - $3,702.00)
2 YAC Access Control
1 LOT
LS 5,770.00
Recreation portion (per proposal - Keying $1,059.00,
Access Control - $4,711.00)
Total $10,208.00
Invoice Address:
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO
City of Fort Collins
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580
Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com
PO Box 580
Fort Collins, CO 80522-0580
Purchasc Order Tcrms and Conditions
Page 2 of 2
I. COMMERCIAL DETAILS.
Tax exemption. Ily ntatute the City of Fart Collins is exempt from stale and meal taxes. Our F,xentption Number is
99-01502. Fedcnt Exaise Tax Exemption Certificate of Registry 84-000587 is registered with the Collector of
Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to nice, specifications, either when shipped or due to defects of
damage in transit, may be remred to you for credit and arc not to be replaced except upon receipt of written
instructions from the Citv effort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
11. NONWAIVER.
Failure ofthe Purchaser to insist upon strict performance afthe terms and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event art
breach, the acceptance ofor payment for goods lummmda m apprnval ofthe design_shall not rdcase the Scllcr of
,any of the wamntles or obligations of this purchase order and shall not be decined 0 waiter of any right of fife
purchaser to insist upon strict perfonnanec herenfor any of its rights or femcdics a%to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hcreundcr, tint shall any porn ed
and modification Or reseic ion of This purchase order by the Purchaser operate is a waiver of any of the terms
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 on the part of the City of Fart Collins. Hosscva, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting fmni antitmst
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact hone by the Purchaser. Theretofore, for good cause and as consideration for executing Its
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may mot have or hcrexner
Freight Tents. Shipments must be F.O.B.. City of Fort Collins, 700 Woml St., Fort Collins, CO 80522, unless acquired under federal or state antitmst Imes fof such o crehages relating in the particulaf gaods ar services
otherwise specified on this order. If pemission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuml to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where nun fzcturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by to
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Server, and the Seller thercafter indicator its inability or unwillingness to comply, the Purchase(
shipments me made from greater distance nny cause the work to be performed by the most expeditious means T%mlablc to il, and the Scllcr shall Pry all
cask associated with such work.
Permits. Seller shall pmcurc at sailers sole cost all necessary permits, certificates and license required by all
applicable Inns, 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 Fan Collins harmless from wad against all liability and loss
incurred by them by reason of an asserted or established violation crony such laws, regulations, ordinances, roles
and requirements.
Authori,aliom All parties to this contract agree that the representatives ore. in fact, boon fide and possess full and
complete aulhority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fnnh and any supplementary or additional temu and conditions annexed hereto or incorporated herein by
reference. Any additional or different hems and conditions proposed by seller arc objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shinmcnt to arrive on your
promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase ardor and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall operate as a amivcr of this provision. In The event ofany delay,
the Purchaser shall have, in addition to other legal and equitable remedies, ,he option ofplaeing this order elsewhere
and holding the Seller liable for damages Hoasever. the Seller shall not be liable for damages as a result of delays
due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence,
such acts of God, acts of civil or militaryautharities, governmental pmmilicc, fires, strikes. flood, epidemics, nm%of
riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the
time whin the Seller first received knowledge thereof. In the event M any such delay, the darn of delivery shall be
extended for the period equal to the time actually last by reason of,he delay.
a, WARRANTY.
The Seller warrants that all goods, articles. materials and work covered by this order will confirm with applicable
drat specifications, samples and/or other descriptions given. 'rill be fit for the pugmases intended, and
perforate(] 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
Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make
good, without out to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be perseribal by law or by the Terms array applicable amority, provided by the Seller Offer the date of
acceptance of the gads famished hereunder Lide,ptenee not To be unreasonably delayed). resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by be Purchaser shall not
constitute a waiver ofany claim under this mammy. Except as otherwise provided in this purchase order, the Scllcrs
liability hereunder shall extend to all damages pmaimntcly caused by the breach of any of the foregoing ssf rmttic
or guarantees. bur such liability shall in no event include Ins ofpmlns or loss Of use. NO IMPLIED WARRA N"I'Y
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal tams by written change order,
5. CHANG 17S IN COMM ERC IA I. TERMS.
The Purchaser may make any changes To the tcmns. other than legal terms, including additions to or deletions front
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 offo fomanee hvcunda, as ect imble zdjustmcru shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, tcminate This agreement as to any or all portions of the
goods then not shipped. subject many equitable adjustment be1weed the panics as to anv work of materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the gook and/or work, for incidental or consequential damaue,s, Lind that no such of immncnt be mode in
favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve
the Purchaser ar the Seller array of,hcir obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
ALTO, claim for adjustment must be asserted within Thirty (30) days from the date the change or termination is
ordered.
S. COMPLIANCE WITH LAW.
The Seller wimnts that all gads sold hcreundcr shall have been produced, sold, delivered and furnished in strict
compliance with all applicable Imes and regulations to which the fund arc subject. The Scllcr shall execute and
deliver such documents as may be required to dTcet or evidence compliance. All laws and regulations required to be
incorporated in agreemeNs of this character are hereby incorporated herein by this reference. The Seller amerces to
indemnify and hold the PnrchaScr harmless from all costs and damages suffered by the Purchaser as a result of the
Sellers; failure to comply with such law.
9. ASSIGNMENT.
Neither party shall as. ign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior uditcn consent of the other party.
10, TITLE.
The Seller wamnl5 full. clear and unrestricted title to The Purchaser fof all equipment, materials and items furnished
in perfonance of this agreement. fee and clear of any and all liens, restrictions. reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and it contractors of any tier from all liability and claims of any nature
rcsniting from the performance of soeh work.
This release shall apply even in the event of fault of negligence of the party relcascd and shall c,tend to the
directors, ofriced noel employees ofsuch party.
The Shccrk conlrarnml obligations, including wanonly. shall and be dccmed to be reduced, in any way, because
such work is performed or eaused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller k required to use any design, device, material or process covered by letter, patent. trademark
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 patented design, device. material or process in connection with the contract, and
shall indemnify the Purchaser firmy cast, expense or damage which it may he obliged in pay by reason ofsuch
infringement it any time during the prosecitumn err nftcr the completion of the work. In case said equipment, or
any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own cxpcnsc and it its option, either procure for the
Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but
noninfringing equipment, of modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller %hall become insnbern Of bankmpl, make in assignment for the benefit of crcdilnrs, npr,Oint a
receiver or trustee for any of the Sellers property or business, this order may tonhsvith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of tarns used or The interpretation of fl c agrccmcal and the rights Mall parties hcreundcr shall be
construed under and governed by the laws of the State of Colondn, USA.
T'he fnllaoing Addiunmil Condiliou apply only in cases where life Seller is to perform work hcreundcr.
including the services ofSellers Repoescntative(s). on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cam an said work at Seller's Own risk until The same is filliv completed and accepted, and shall,
in ease of any accident, destruction or injury to the work and/err materials before Seller's final enmplelion and
acceptance, complete the work at Scllcrs nova esp,'oe and to the satisfaction of the Purchasc[ When materials
and egnipmmut arc furnished by others for installation or erection by the Scllcr. the Seller shall receive mdoad,
store and handle woe of the site and become responsible therefor as though %itch materials and/or equipment
were being furnished by the Seller under the order.
I R. INSURANCE
The Seller shalt m his own cxpcnsc, pmvidc for The payment of urakers compensation, including occupational
disease benefits, to its employees employed tin err in connection with the wok 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. I he Seller
shall also carry comprehensive gcncrnl liability including, bit, not limimd to, eontrncnml and autonmbile public
liability insurance with bodily injury and dcnth limits of at least S300,000 for my one parson, S500,000 for anv
one accident and property damage limit per accident of S400.MT The Seller shall likewise require his
conmemm. if any, to provide for such compromfion and insurance. Before any of the Sellers; or his contractors
employees shall do any work upon the parakes ofothers. the Seller shall furnish the Purchaser with a certificate
that such compensation and insurance have been pravided. Such certificates shall specify the date when such
compensation and insurance have hecn pmvidcd. Such certificates shall specify the date when such compensation
and insurance expires. The Seller agree that such compeomumn and insurance shall be maintained moil Liner The
entire work is completed atd net ented.
19. PROTECTION AGAINST ACCID17N'IS AND DAMAGES.
The Seller hereby ns moms the entire responsibility and liability for any and all damage, loss or injury ofany kind
or nature .vhat,aevcr to persons or property caused by or resulting from The cxceutinn of the wok pmvidcd for in
this purchase order or in connection herewith. The Seiler will indemnify and hold hnrntless the Purchaser and any
or all of the Purchasers oRcers, agent and employees from and against any and all claims Insses, dmngcs,
charges or exp ose.s, whether direct or indirect, and whether to persons or property to which the Purchaser may
be mu or subject by reason of any act action, neglect, omission or defauh on the part of the Scllcr, any of his
contractors, or any of the Scllcrs of contactors officers, agents or employees. In case any suit or other
pmecedine% shill be brought against The Purchaser. of it oRcers, agents or employees at any time ton account or
by reason of any act. action, neglect, omission or defiall 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 Ihcmnf and to
defend the tome it the Sellers no expense, to pay any and ill cops, charges. auoacys fees and Other cxpcnscs.
.any and all judgnants that may be incurred by or obtained against the Purchaser or any of its or their officers.
agents or employee in such suits or other proceedings, and in case judgment or other lice be placed upon or
obtained against the property of the Punchier, or said parties in or as a result ofsuch snits or ahcr proceedings.
the Seller will m once cause the same to he dissolved and discharged by giving bond or otherwise The Seller and
his contractors shape take all m ely precautions Finnish and install all guards accessary for the prevention of
accidents, comply will, all paws and regulations with regard to safety including. but willmnt liaitalino the
Occupational Safety and Health Act of 1970 and all Odes and regulations issued pursuant therein.
Revised 032010