Loading...
HomeMy WebLinkAbout109858 F & C DOOR CHECK & LOCK SERVICE - PURCHASE ORDER - 9112887City of �,.F.�ort Collins Date: 05/20/2011 PURCHASE ORDER Vendor: 109858 F & C DOOR CHECK & LOCK SERVICE 210 S LINK LN FORT COLLINS Colorado 80524-2751 WGL jn PO Number Page 9112887 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 05/20/2011 ' Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Furnish & install 2 new front door auto openers @the Mulberry Pool as per F&C Door's quote #362 for the total installed cost of $5.290.00 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT LS 5,290.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins is exempt fern state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption CenjBwte of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the accepance nfor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to men specifications. either when shipped or due to defects of any ofthe uarmntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage In transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods. regardless instructions from the City of Fen Collins. of when shipped, received or ncccptcd, as In any prior or subsequent detach hereunder, nor shall any purposed Oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS am subject to the City affront Collins inspection on arrival, 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 pan of the City of Fort Collins. However, it is to be understood that FINAL. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for god cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws far such overcharges relating to the particular enoLc or services otherwise spceificd 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 for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. %'here manufacturers have distributing points in various pans of the country, shipment is If the Purchnser directs the Seller in correct oonconfomming or defective goods by a date to be agreed upon by the expected front the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made from greater distance. may cause the work In be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cast all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe 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 hamdess fmm and against all liability and loss incurred by them by reason of an asscned or established violation of any such laws, regulations, ordinances, odes and requirements, Authorization. All panics to this contract agree that the represematives arc. in fact, bona fide 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 set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference, Any additional or different rants 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 an your premised delivery date as noted. Time is ofthe 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 oniver of this prevision. 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 arc beyond its reasonable control and without its fault ofnegligcnce, such act of God, acts ofeivil or military authorities, governmental priorities, fires, strikes. Bond, epidemics, wars or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first rccoived knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller wars 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 performed 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 ofthe Sellers breach of wananty. The Scllcr 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 may be prescribed by law or by the terms of any applicable %vm mnty provided by the Seller anew the date of acceptance of the good fumishcd hereunder (acccpmncc not to be unreasonably delayed), resulting fmm imperfcct or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Seller; liability harcunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of pmfts 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verhal or written change order. If Cory such change affects the amount due or the time ofperfo rmince hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics 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 podium of the goods and/or work, for incidental or consequential damages, and that no such adjustment 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 most be asserted within thirty (30) days from the date the change or tcmtination is ordered. S. COMPLIANCE WITH LAW. The Seller wanams that all gads sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm 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 assign, transfer, or convey this order, or any monies due or to become due hercundm without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims Of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend In the directors, officers and employees ofsuch party. I he Seller's contracnml obligations, inducing warranty, shall net be deemed to be mccccd, in any wry, bceauve such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, derive, material or process covered by letter, patent. trademark or Copyright, the Seller shall indemnify rand save hamdess the Purchaser from any and nil tailors for infringemenl by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchnser for any cost, expense or damage which it may be 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 thereof or the intended use of the goods, is in such suit held to constitute infringement and the va of said equipment or part is enjoined, the Scllcr 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 nonfnfringing equipment or modify it so it becomes noninlringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny at business, this order may fonhwi th be mute led by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interprclation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfoml work hereunder. including the services of Scllers Rcmrscntative(s). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on mid work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident desolation or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Settees own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished 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 Scllcr shall, it his own expense, provide for the payment of workers compensation. including Occupational disease benefits, to its cnmploy", cnmployed on or in connection with the work covered by ibis purchase order. and/or to their dependents in necoulance with the laws of the same 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 .vial, bodily injury and death limits of at least S300.000 for any one person, S500.000 for any one accident and property damage limit per accident of S400,000. The Seller shall Iikc,roc require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish 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 eenificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maimaincd until ancr the entire well, is mmplemd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrehy assumes the entire responsibility and liability for any and all damage, loss or injury Offaly kind Or nature whatsoever to persons or pmpcny caused by or restating from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or pmpc y to which the Purchaser ntay be put or subject by reason of any act, action, neglect omission or default on the pan 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 he brought against the Purchaser. Or its officers, agents or employees at any time on account or by reason of any act, action. neglect, omission or default of the Seller of any of his contractors or any of its or their oRecrs, 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 may be incurred by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other pmcecdings, and in case judgment or Other lien be placed upon or obtained against the pmpeny of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at Once cause the same to he dissolved and discharged by giving bond or mhed, ise. The Seller and his contractors shall take all safety precautions, famish and install all guards neccssary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without ]initiation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010