HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9141816Fort Collins
Date: 03/31/2014
Vendor: 109315
COLORADO DOORWAYS INC
3333 E 52ND AVE
DENVER CO 80216-2322
PURCHASE ORDER
PO Number Page
9141816 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
Delivery Date: 03/31/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Nix Shop
ref. quote 420277
Provide all labor and material necessary to install
access control to the Nix Farm Shop
see attached quote date 2/11/14
contact: Ethan Cozzens
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.com
1 LOT LS
8,215.00
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. COMMERCIALDETAIIS.
Tax exemption. By statute the City of Fort Collins is exempt from state and lord roars. One Exemption Number is
98-04502. Federal Excise Tax Exemption Cenificam of Registry 84-6000580 is registaod with the Collector of
Formal Revenue, Deaver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due m failure to meet spwrificntans, either when shipped or due to defects of
damage in ...it, may he resumed to you for credit and are not to be replaced except upon receipt of written
instructions from the City effort Collins.
Inspection. GOODS art subject in the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
amounted payment on the pan of the City of Too Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Tema. Shipments most be F.O.D., City effort Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given m prepay freight and charge refractorily, the original freight
bill must accompany invoice. Additiond charges far packing will not be accepted,
Shipment Disnnee. Where manufacturers have distributing puirns in vanaos parts of the country, shipment is
expected fmm the arced distribution point to destination, read excess freight will be deducted from Invoice when
shipments are made from gander distance.
Permits. Seller shall procure m sellers sole cast all necessary permits, cenificites and licenses required by all
applicable laws, regulations, ordinances and rules arms, state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authority having] insdiction over the work
of vendor. Seller further agrees to hold the City of Fan Collim harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulation, ordwnces, roles
and requirements.
Amlimimlian. All parties to this contract agree that the mprescntatives are, in fact, bona ride and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This pumhau Order expressly limits acceptance to the mina sand traditions sated
herein act forth and any supplementary a additional tams and conldifiom annexed hereto m incorporated herein by
reference. Any additional or different lean end conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment o arrive on yam
promised delivery date as wild. Time is of the essenre. Delivery and perfommnce must be effected within the time
stated on the purchase order and the decvmend, ranched 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 far damage. 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 aM without its fault ofnegligence,
such acts of Gad, over ofcivil or military authorities, governmental priorities, fires, strikes, Board, epidemics, wars a
..is provided that notice of the ceeditiom causing such delay is given in the Puahaver within fee (511 days of the
time when the Sever fen received knowledge thereof. In the cent of any such delay, the date of deliver shall be
extended for the pmad equal to Ne time actit last by names ofthe delay.
3. WARRANTY.
The Seller wonder Oat all goods, articles, materials and work covered by this order will conform with applicable
drawings, spaifacatiom, somplas maker other descnptiom given, will be fit for the purposes intended, and
performed with the highest degree of are and competence in accordance with accepted monarchs for work of a
similar nature. The Seller agrees to hold she pnobaaer harmless form any loss, damage or, tapioca which the
Purchaser may suffer or incur on account of the Sellers breach of wam9nty. The Seller shall replace, repair or make
good, without cat to the purchaser, any defects or faults arising within one (1) year or within such longer pared of
lime as may be prescribed by law or by the team of any applicable warranty provided by the Sella aria the dam of
acceptance of the goods famished bereunder (acceptance not to be umcmonsbly delayed), resulting firm imperfect
or defective work done or materials famished by the Sella. Acceptance or use of goods by the Purchma shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to till damages proximately caused by the breach of any of the foregoing warranties
or gunmmees, but such liability shall in no event include loss of profits 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 coma by written change order
5. CHANGES IN COMMERCIAL TERMS,
The Purchaser tray make any changes to the terms, Other than legal from, including additions to or delefiom from
mho gm,niiies originally ondead in the slssvifcatiom or drawings, by earedI a wrinen change order. If any such
change affects the amount due or the time ofperfoemame herewder, an equitable adjustment shill he made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement re to any or all positions of the
good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in
progress provided Nos the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goods and/or work, for imidened or consequential damages, it that no such adjustment be mrde in
favor of the Seller with respect many good which are the Sellers standard stock. No such termination shall relieve
the Purchuser or the Seller army of their obligations as to any good delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants dint all goods sold hereunder shall have been produced, sold, delivered and (mashed in strict
compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such documents as may be required to of en a evidence romplianes. All laws and regulations required to M
incorporated in agreements of this consumer art herby incoryomted herein by dais refereme. The Seller agrees to
indemnify and hold the Purchaser harmless fmm d) roses and damages suffered by the Purchaser as a result of the
Sellers far lute in comply with such law.
9. ASSIGNMENT.
Neither party shill assign, mmfer, or convey this order, or any martin she or to become due hereunder without the
Poor women comenr of the other Pont
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, mmedaB, and items famished
in performance of this agreement free and clear of any and all liens, restrictions, rnenations, security interest
eocumbeanen mad claims ofothers.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and candidates hereof, failure or delay to
exercise any rights or remedies provided hemp a by law, failure to pmmPdy notify the Seller in the event of a
breach, the acceptance or or payment for goods hereunder or approval of the design, shall not release the Sella of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as many such goods, regardless
of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any imported
meal modification are reuI.,. of this purchase order by the Purcleaver apeare or a waiver of any of Ore'elms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting main antitrust
violations are in fact home by the Purchaser. Theretofore, for good came and as consideration for executing this
purchase order, the Seller hereby assigns ro the Purchaser any and all claims it may now have err hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods in slices
purchased ar acquired by the Purchaser pursuant to this purehase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and Ore Seller, aid the Seller thereafter helicon its inability an unwillingness to comply, the Purchaser
may cause the wof a to be, perforated by the most expeditions means a aitabl, to it, and the Sella shall Ray all
costs assmiand with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance ofmch work.
This release shall apply even is the event of fault of negligence of the party released and shall extend to the
directors, officers and employees arsuch parry.
The Sellers 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 Seller is required to me any design, device, material or process trvered by lever, plant, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for inMngcmem
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by reason of such
.dragomans at any time during the prosecution or arm the completion of the work. In case said equipmmh, or
any pan thereof or the intended use of the goad, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the
Purchaser the right to continue ming mid equipment or pans, replace the same with substantially equal but
nonlnfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bacrompt make m reciprocal for the Fourth of creditors, stupider a
trustee for any of the Sellers Emperor, or bminess, this order may foMwith he canceled by the
Pe"a Inua without liability.
16. GOVERNING LAW.
The definitions oftema used or the intermountain oftbe agreement and she rights of all parties hereunder shall be
consumed under and governed by the laws of the State ofColost USA.
The fallowing Additional Conditions apply only in cases where the Sella is to perform work hereunda,
including the services of Sellers Remesenmtmelud, on the premises afothers.
IT SELLERS RESPONSIBILITY.
The Seller shall airy oa said work al Sellers awn fink until the same u fully completed and aaepled, and shall,
in case of any accident destruction or injury to the work and/or materials before Sellers raw[ completion and
seceptanee, complete the work at Sellers own expense and to the satisfaction of the Purchase, When around,
and equipment are famished by others for installation or erection by the Seller, the Sella shall receive, unload,
mare and handle same at the site and became responsible therefor is, though such materials amllor equipment
were being frmishod by the Seller under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including acupational
disease benefits, to its employees employed on ar in connection with the work covered by this p ord r. odeq
and/or to their dependents in accordance with the laws of the sure in which the work is In be done. The Seller
shall also curry comprehensive percent liability including, but not limited to, contractual and automobile public
Iidi in, imuraace with bodily injury aM death limn. of err Icsst $son xp for any oa penan, $500,000 rim my
one accident and property, damage limit per accident of S400,00). The Sella shall likewise acquire his
ontmaors, if any, to provide for such compensation and incorsone. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall furnish the Purchaser with a rmif care
that such compensation and insurance have been provided. Such can licates shall specify the dam when such
compensation and insurance have ban provided Such cord ficatn shall specify the date when such compensation
and insurance expires. The Seller agrees that such compenmtion and insurance shall be mainlined until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assume, the entire responsibility and liability for any and all damage, loss or injury army kind
r nature whatseaver to persons or property caused by or resulting fmm the execution of the work provided for in
this purchase mda or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agam and employtts form and against my and all claims, leases, damages,
charges or expenses, whrma direct or iedimer, and whether To James or property 1r which the Purchaser may
be par 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 be bmught against the Purchaser, or its officers, agents or employees at any time on account or
by noon of any act, action, neglect, omission or def tilt of the Seller of any of his contractors or any of its or
their officers, agents or employees as aforessid, the Sella hereby agrees as assume the defense flamer and to
defend the more at she Sellers own expense, to pay any oed all cases, charge,, allomM fees and other expresses,
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 proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said panics in or as a rtsulr ofsuch suits or other proceedings,
the Sella will in mace cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and
his contractors shall sake all safety prtcamiom, Pounds and install all guard naassary for the prevention of
accidents, amply with all laws and regulations with regard to safety murder, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuam thereto.
Revised 03/2010