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HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9142593Fort Collins Date: 05/08/2014 Vendor: 109315 COLORADO DOORWAYS INC 3333 E 52ND AVE DENVER CO 80216-2322 PURCHASE ORDER PO Number Page 9142593 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 05/07/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Senior Center Install access control on two doors. Include Super Two controller, power supply, and cable. Per quote #421342. Contact: Steve Strickland 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 fl��il�l�.9 4,095.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Pumhase Order Terms and Condjtions Page 2 of 2 I. COMMERCIALDUAILS. Tan exemptions. By smmm the City of Fen Collins is exemptfor. state and local taxes. Our Exemption Number is II. NONWAIVER. 98-04502, Federal Excise Ian Exemption Cenificam of Registry 84-6000582 is segistered with the Collector of Failure of the Purchaser to insist upon strict rafatmanee of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colnmdo Revised Smtmes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the acceptance of or payment for gods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet sped Ocntiam. either when shipped or due to defects of any of the warramies or.1sh mods 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 wrinen purchaser I. insist upon strut performance herown, any of its rights or remedies as m any such goods, regardless instructions from the City of rod Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any promised oral modification or rescission of this prochass order by the Purchaser operate us a waiver of any of the hems Inspection. GOODS ate subject to the City of Fad Collins inspection on stand. hereof. rim] Acceptance. Receipt of the mereherdiee, services or equipment in response to this order am result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, autlmnzed payment on the pad of the City of Fort Collins. However, it is or be malr aossd that FINAL Seller and the Pumlawar recognize that in canal economice practice, overcharges; resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. edelations art infect borne by the Purchase, Thandficrefagood cause aM. consideration for executing this Furrow 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 Fun Collins, 200 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Tpermission a given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this pureham order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE, OF SELLERS OBLIGATIONS. Shipment Distance. Wham mcoull..am. have dooffl using pains in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess &eight will be deducted from Invoice when Purchaser and the Sella, and the Seller rhercu er indicates its inability or unwillingness to comply, the Purchaser shipments ere made from greater dismnm. may rouse the work to be performed by the most impeditions means available to it, and the Sella shall pay all casts mssociated with such work. Permits. Seller shall procure in sellers sole cost all necessary pennie,, cenifczhes and licauses requited by all applicable lows, regulations, ordinances and rules of the stem, municipality, territory or political subdivision where the work is performed, or required by any other duly consumed public authority haviogjansdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from rod against all liability and loss incurred by them by reason of an asserted or esmblkhed violation of any such laws, regulations, orditamers, ,ales and requirements. The Seller skill of. ere Purchaser and its contractors of any tier from all liability and ,bins of any nature resulting form the performance fsuch work. This release shall apply at in the evens of fuel, of negligence of the pan, odawd and shall extend to the directors, officers and employees ofsuch pany. Awommati m, All parties ,, this contract agree (list the representatives are, in fact, bona fide and possess full and The Sellers contractual obligations, including wormaty, shall nod be discount m be o ttd, in any way, because omplete authority to bind said parties, such work is performed or caused in be performed by the Purchaser. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions coned herein se( foam and any supplementary or additional corms and conditions annexed hetem or incorporated herein by 14. PATENTS. reference. Any additional or different erms and conditions Laminated by oiler arc objeeted to and hereby trjected. Aladverd, Seller is magired I. use any design, device, material or process covered by [Line,, patent mademark or copyright the Seller shall indemnify end save hamlas the Purchase, form any LaM.11 claims for infringement 2. DELIVERY- by reason of the use of such patented design, deice, andam or process in connexion with the contract, and PLEASE ADVISE PURCHASING AGENT waredimely Byou cannot make complete shipment to wrive on yam skill indemnify the Purchaser for any cos(, expense or damage which it may be obligrd to pay by reason winch promised delivery date as noted. "rime is of the essence. Delivery and performance tans( Be effected within the time infringement at any time during the prosecution or after the completion of the work. In case maid equipment or stated on the purchase We, and the documens emached herein. No ace, of the purchasers including, without any pan thereof or the intended use of the goods, is in such suit held 0 comtiture infringement and the use of limitation, acceporom of pani tl late deliveries, shall operate as a waiver of this prevision. In the even( of any delay, said equipment or pan is enjoined, the Seller shall, at its awn expense sand at its option, either procure fur the the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but and holding the Seller liable for damages. Iloweveq the Seller shall not be liable for damages as a result of delays noninfringing equipment, or modify it so it becomes nonin0inging. disc to muses not reasonably foreseeable which are beyond its reasonable control and without its haul I of negligence, such acts of God acts ofeivil or military authorities, governmental prinfines, Join, strikes, Rood, epidemics, wars or 15. INSOLVENCY. hots provided that notice of the conditions rousing such delay is given to the Purchaser within five (5) days of the If the Seller shall became insolvent or ban rags, make an assignment for the benefit of creditors, appoint a time what the Seller f t received knowledge thercof. In the event army such delay, Me date of delivery shall be receiver or trustee for any of the Sellers came dy M business, this order may forthwith be canceled by the extended fur the period equal to the time actually lost by team. Mrdw delay. Purchaser without liability. 3. WARRANTY. The Seiler warrants Nat all goods, articles, =tennis and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be Et for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted mandards for work of a similar nature. The Seller agrees to bold the purchaser harmless from any lass, damage or expense which the Purchaser may Mira or incur oa account of the Sellers breach of wuranty. The Seller shall replace, repair or make good, without cost to the purchase,, any defects or hauls arising within one (1) year or within such longer pvriud of time as may be prescribed by law or by the corms wary applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to he unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall and constitute a waiver of any claim under this wammm. Except as mherwise provided in this purchase order, the Sellers liability heremnda skill extend to all damages pmximaely caused by the breach of any of den fotcgoing .1, es or guammces, but such liability small in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR M ERCHANfABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumhasn, may make changes to legal terns by winner change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any charges m the terms, he, than legal It., including additions to or deletions from the ....titles originally ordered in the specifications or drawings, by verbal or written change order. If any such change of to s the amaum due or the time ofperformance haeudder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may. any time by wduem change coda terminate this aexaenem as to any or all portim n of the goods then mad shipped, subject to any equitable adjustment between the parties as to any work or materials then in porgress provided that the Purchaser shall not be liable for any claims for anticipated parts on the uncompleted portion of the goods and/or work, for incidental or commeavnriai damages, and that no such adjustment W made in fax of the Seller with respect 1. any goods which are the Sellers smndmd clock. No such tenninmion shall relative the Purchaser or the Seller office of their obligations as to any goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for whavor end must be assened within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller windows that all goods sold rummager shall have been porducN, sold, delivered and famished in wait compliance with all applicable laws and regulation to which the goods sae subject. The Sella shall execute and deliver such documents as may be required to effect or evidence compliance. All laws am mgulatlnre required m be incorporated in agreements of this character we hereby incorporated herein by this refrence. The Sella agrees to indemnify and hold the Purchaser 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 assign, transfer, or convey this order, or any monies due or to become due hereunder without the peior we men consent ohthe under parry. 10. TITLE. The Sella warrens full, clear it umataned title se the Purchaser for sell equipment, mmmals, and I,. ftunished in perfied. of this agreement free and clear of my and all Here, restrictions, reservations, security interest encumbrances and claims of others. 16. GOVERNING LAW. The definitions of tams goal or the interpretation ofdre agreement and the rights ofall parties hereunder shall be construed under am governed by the laws of the State of Colorado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Rommenmtiec(s), on the premises of others. I ❑. SELLERS RESPONSIBILITY. The Sella skill carry on said work at Sellers own risk until the were is fully completed and accepted, and shall, in se of any accident destruction or injury to the wok andlor (materials before Sellers final completion and Laecrudde, complete the work m Selleh own expose and to the satisfaction of the Purchaser. When —m .6 and equipment am famished by others for irsmllation or erection by the Sella, dm Seller shall receive, unload said and handle same as the site and become responsible Nerefrr as though such Materials harbor equipment wart being famished by ndc Seller under the order. I B. 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 store in which the work is to be done. The Seller shall .1. ounce comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and demh limits of m least S300,000 for any one person, SSOgOoo for any one accident and property damage limit per accident of M00,000. The Seller shall likewise capture hb comma o v irony. to provide for such comMnmtion and in ersave- Before any of the Sellers or his anmmcmrs employees shall do any work upon the promises of others, the Sella shall famish the Purchaser with a adifiam flat such compensation ow wors tt have bean provided. Such card ..es shall specify the dam when such compensation and insurance have been provided. Such adifiares shall specify the dale when such compensation and insurance expires. The Sella agree'lout such compensation and.... a shall be maintained until after the retire work is completed and accepted. 19, PR03'ECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the an. responsibility and liability for any and all damage, loss or injury crony kind or wine* whatsoever to Persian or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any cr all of the Purchasers Ican, agents end employees from and aga,., ay, annd all claims, losses, damages, harges or expenses, whether direct or ieAime . am whether as persons or propcny to which the Purchaser may be put or subject by Mason of any act, action, neglect, emission or default on the pan of the Seiler any of his contmxors, we any of the Sellers M contractors alficers,'am or employrea In use any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account or by reason of any act, notion, neglect, omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to =nine the defense therm( and to defend the same at the Sellers own exprow, to pay any and all ratio, charges, aromeys 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 proceedings, and in case judgment or .,her lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will .t once amo the same 10 be dissolved Laid discharged by giving bond or otherwise. The Sell. and his Law Me, tors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws mad militiaman with regrad in safety including, but without limitation, the Occupational Safety, and Health Act of 1920 and all rates and regulations issued pursuant theMo. Revised 032010