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HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9141817City of /0'�F�orrt Collins Date: 03/31/2014 Vendor: 109315 COLORADO DOORWAYS INC 3333 E 52ND AVE DENVER CO 80216-2322 PURCHASE ORDER PO Number Page 9141817 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 existing office bldg ref. quote 420278 Provide all labor and material necessary to install access to Nix Farm existing office building per quote attached - dated 2/11/14 contact: Ethan Cozzens n P14 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 ��ijtilllllllllllllllllll■l�y 7,675.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 L COMMERCDM.DETAILS. Tax exemptions. By sutme the City of Fort Collins is exempt from sure and local taxes. Our Exemption Number is 98,Oa502. Federal Excise Tax Exemption Codificam of Registry M 6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Calmada Revised Statute 1923, Chapter 39-26. 114 (a). Goods Bejaia GOODS RFJ ECTED due to failure in meet specifications, either when shipped or due io defects Of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written inmuctim s roar the City afraid Collis. Inspection. GOODS art subject o the City of Fon Collins inapeetion on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan 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 Tertm. Shipments man be F.O.B., City of Fort Collins, Raw Wand St, Fort Collins, CO 80522. unless otherwise specified an this order. If permission is given n prepay freight and charge separately, be original freight bill most mcompany invoice. Additional charges for packing will rat be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the romdry, shipment is expected from the nearest distribution prim to destitution, and excess freight will be deductd from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary pains, comficates and licensns admired by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is perf coned, or required by any other duly constimled public authority h:winly-w fiction over the work Of vendor. Seller further agrees to hold the City of Fon Collins harmless from and against all liability and lass incurred by them by reason of an downed or established violation of any such laws, regulations, ordinances, roles and requirements. Ablamizstion All parties to this contact agree that the representatives are, in fact, bona Ede and possess Poll and complete maturity to bind said parties. LIMHAT1ON OF TERMS. This reaction Older expressly limits acceptance to the terms and condainm sated herein set forth and any supplementary or additional mots and conditions annexed hereto or incoryamted herein by reference. Any additional or dilfcrmt terns am conditions proposal by seller are objected to and hands, rejected. 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately ifyou cannot make complete shipment to urive an your promised delivery date out noted. Time is critic essence. Delivery and performance must be effected within the time statd on the purchase order and the documents attached heron. No acts or the Purchasers including, without limitation, acceptance oTwiml Imo deliveries, shall operant as a waiver origin provision, In the went army delay, the Purchaer shall Pace, in addition to other legal end equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a resuR of delays due n causes not reasonably foreseeable which we beyond its reasonable control and without its fault ofnegligence, such ads of God, acts of civil or military authorities, governmental priorities, fires, strikes, Hood, epidemics, wars or riots provided that native Of the conditions coming such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge door. In the event of any such delay, the date of delivery shall be extended for the period phial to the time actually Ion by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, amclea, materials and work covered by this order will confom with applicable drawings, specifications, suitable, 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 u similar not=. The Seller agrees to bald the purchaser harmless from any Ion, damage or expense which the Purchaser may ,off, or imur an account of be Sellers breach of warranty. The Sella said replaces repair or make good, without cost as the purchaser, any defects or faults arising within me (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), mandling from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not commem a waiver of any claim under this warranty. Except as werwlse provided in this purchau order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gwommes. but such liability shall in on event include loss ofprefirs 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 Paris by voiced change order. S. CHANGES IN COMMERCIAL TERMS. The Pumhoser may make any changes to the terms, other than legal terms, including addition fo or deletions from me quantifies originally ordered in be specifications or bovines, by verbal or written change order. If any such change affects toe ..out due a the time of perfomratim bacu da, an ryoiuble adjustment shall be made. 6. TERMINATIONS. The Punduc er may at any time by wduen change order, terminate this agreement m to any or tell portions or the goods then not shipped, subject to any equitable Argument between be panic as to any work or materials then in progress provided but the Purchma shall not be liable for any claims for anticipated probes on the uncempldd Portion of the goods andtar work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or be Seller of any of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjusment most be asserted within dim (30) dap from fie dam the change or termination is ordered. 8. COMPLIANCE W11 H LAW. The Seller wade as but all goad sold hereunder shall have been produced, sold, delivered and famished in strict ompliance with all applicable laws ad regulations to which be goads are subject. The Sella shall execute and deliver such documm¢ as may be ratified in effect or evidence compliance. All haws and regulations requifd to be incorporated in agreements of this character arc hereby incoryamted herein by this reference. The Seller agrees 10 indemnify and hold be Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure n comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or compy, this order, a any monies due or w became due hereunder without the prior wriden moment ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title in the Purchaer for all equipment, materials, and items fiunished in performance of this agreement free and clear of my and all lies, reslridiom, reservations, security interest encumbrances ad claims of others. II.NONWAIVER. Failure of the Purchaser 10 insist upon said pcdbw —. of the terms and mndniom hereof, fo'lum or delay to exercise any rights or candies provided herein or by law, failure to promptly notify the Sella in the went of a breach, the acceptance of or payment for goods hereunder or approval ofube design, shall not release the Sella of any of the warranties or obligations of this porch= order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless of when shipped, received or aceepted, as to any prior or subwquent default hereunder, nor shall any Imperial anal modification or rescission of this purchase order by the Purchaser mo me as a waiver of any of be tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact borne by the Pmchawr. Thercmfofe, for good came and as consideration for executing this pu¢lase aide,. the Seller hereby resigns to be Purchaser any it all claims it duty now have or hereafter acquired under fedcml or state anrbust laws far such overcharges relating to the Particular goods or services purcbxud or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to comet nonconforming or defective goods by a dom to be e,eed .,It by the Pumhaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the mot expeditious meant available to it, and the Sella shall pay all toss, associated with such work. The Seller shall release she Purchases and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the ,at of fault of negligence of the parry relemd and shall extend to the direemrs, officers and employees fsuch pony. The Sellers continental obligations, including warranty, shall not be deemd to be sNuced, in any way, became such work is parodied or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to me any design, device, material ar process anial by lode,. Paten, trademark or copyright, the Seller shall indemnify rob sane bmmlen the Puchaser from any and all claims for infringement by reown of the use of such patented design, device, material or pmmss in connection with the canines, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or alter 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 use of said equipment or pan is enjoined, the Seller shall, at its awn expense and at its option, either practice for the Purebawr the right m continue using said yuipment ar pares, replace the same with subsondially and but nmhinfringing equipment, in modify it so it Fancies nownfinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for be benefit of creditors, appoint a or trustee for any of the Sellers progeny or business, this order may forthwith W canceled by the Purcbawf without liability. 16. GOVERNING LAW. The definitions ofterms oscd or the interpretuden of the agreement and be rights of all parties hereunder shall be consumed under and govemed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in aws where the Sella is to pert work hereunder, including the scniccs of Sellers Repressommye(s), on be wenius of others. 12. SELLERS RESPONSIBILITY. The Seller shall any on said work at Sellers own risk until the same is fully completed and accepted, and shall, in w of soy accident, destruction or injury to the work abhor materials before Settle, final completion and acceptance, complete the work at Sellers own expense and to fie satisfaction of the Purchaser. When materials and equipment are furnished by others for imtallmion or erection by NO Seller, the Soler sbol receive, unload, store and handle same a the site and become responsible therefor as though such matedos wagon equipment were being famished by be Seller under the order. 18. INSURANCE.. The Seller shall, al his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with be work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the week is to be done. The Sella shall slat carry comprehanive general liability included, but not limited to, camruchad and automobile public liability ins umnee won bodily injury and death limits or. I—, S3tw," for any one person, $50V" for any one accident and property damage limit per accident of $400,050. The Seller shall likewise require his contractors, if uny, to provide for such compensation and imumuce. Before any of the Sellers or his camracran employees shall do any work upon the premises of others, fie Seller shall famish the Purchaser with a cur i&ate that such compensation and insurance have ban provided Such carficatm shot specify the date when such compensation and incurrence have been provided. Such certificates shall specify be date when such compensafion and assurance expires. The Serer agrees but such compensation and insurance shalt be maintained until after the entire work is complete and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility ad liability for nay end all dosage, loss or injury ofary kind or nature whatsoever to persons or prepeny caused by or resulting from the execution of the work provided for in Nis purchase order m in connection herewith. The Sella will indemnify and hold bmmless fie Purchaser and any r all of the Parch sers Pricers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether m persons or property a which be Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contrators, or any of the Sellers or contractors Offices, agents or employees. In case any suit or ofer pmceedfgs shall be brought against be purchaser, or its offttm, agents a employees at any rime on account or by reason of any act action, neglect, omission or default of the Seller of any of his contractors or my of its or their cheers, upon or employees as aforesaid, the Sella hereby agrees to assume be defense facof and to defend the same at be Sellers awn 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'hi t, officers, agents or employees in such suits or other proceedings, and in caw judgment or office lire be placed upon or abmived against the property of fc Purchaser, ar said parties in or as a acted fsuch suits or ofer proeeedings, be Sella will al once some be same m be dissolved and dischmgd by giving bound a otherwiw. The Seller and his contractors shall take all safety precautions, ftuouh ad instill all guards na., for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limind.m, be Occupational Safety and Health Act of 197D and all rules and regulations issued pursuant thereto. Revised 03n010