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HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9142992Fort Collins Date: 05/30/2014 Vendor: 109315 COLORADO DOORWAYS INC 3333 E 52ND AVE DENVER CO 80216-2322 PURCHASE ORDER PO Number Page 9142992 1of2 This number must appear on all invoices, packing sli i and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 05/30/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 214 N. Howes - Wellness Anx Install access control on three doors per quote #421337. contact: Dave Grice - ph# 970-416-2137 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 6,910.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tersns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local boxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Cullecmr of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (get, Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Good Rejected. GOODS REJECTED due to failure to at specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage to parmit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaer to insist upon strict Performance hereofor any of its righu or remedies as to any such good, regardless instructions Gout the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, rmr shall any purported oral modification or rescission of Nis purchase order by the Purchaser .perch as is waiver of any of the arms Inspection. GOODS are anbjert to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Resin of the merchandise, services or equipment in respect to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Pon Collins. However, it is to be understasd thatFINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antiWst ACCEPT ANCE dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Procreator, Thualodore,nfonr good cans, and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it tray now have or herealkr Freight Temrs. Shipments must be F.O.B., City of Fan Collins, 700 Wood Sr, Fon Collins, CO 80522, unless acquired utWef federal or state candiu9 laws for such overcharges relating m the paniddr, good or services other.in specified on this order. If permission is given to prepay freight and charge separately. the original freight purchased or acquired by the Purchaser pursoam to this purchase order. bill most accompany income. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dolwwc. Whew mannfcamrers have distributing po.,a in vatium pans of the country, shipment is Ifthe Purchaser diders the Seller to camel nonconforming or defective good by a date robe agreed upon by the expected Gom the nearest distribution Point to deslinnow. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness um comply, the Purchaser shipments we made from greater distance may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay at I costs cionsiamil with such work. Permiu. Seller shall procure at sellers sole cost all necessary permits, ceniticams and licecer required by all applicable laws, regulations, ordinances and mi. of the state, municipality, abomry or political subdivision where the work is Performed, or required by any other duly commaded public authority having jurisdiction over the work of vend., Seller further agrees to hold the City of Fon Call- harmless from and a,a. all liability and loss ncmrN by them by eedna of an asserted or established violation of any such lax,, regulations, mdinames, calms and requirements. Aiding ion. All parties no thia rrnduct agree that the representatives are, in fact, Cana fide and possess full and complete authority to bind said parties. LIMITATION 01: 'PERMS. This Purchase Order expressly limits accordance In the tans and conditions stated herein set forth and any supplementary - additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou aped make complete shipment to above on yom premised delivery data as coaled. Time is of the reactive. Delivery and performance must be eReded.',thin the dime stated on the purchase order and the documents matched hereto. No acts of the Purchasers including, without limitation, arse dance of partial late deliveries, shall opera- is waiver of this provision. In the event fany delay, the Purchaser shall hove, in addition Io other load and equitable remedies, the option of placing this order elsewhere and holding the Seller liable I'or damages. However, the Seller shall not be liable fur damages - a rewlt of delays due to causes nod reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God. acts ofcisil or milimry nobodies, governmental priorities, fires, striker ❑nod, epidemics, wars., riots provided that notice of the conditions causing such delay is given m the Purchaser within five (5) dap order time when the Seller fired received knowledge thereof. In the event Stand, such delay, the date of delivery that be extended for the period equal IS the date actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all gaud, modes, mardals and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes ;mended, 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 my less, damage or expense which the St ay ay suff or unions warning ofthe Sellers breach of warmnly. The Seller shall replace, earn it or make good, walmut cost to the purchase, any &fee. Or faults arising within one (1) Year or within such longer period of time as may be prescribed by law Or by the terms ofany applicable warr'mtly provided by the Seller alter the dote of acceptance of the good famished hereunder (acceptance not to be umeawnably delayed), resulting from impefect or defecate work drum ar materials famished by the Seller. Acceptance or use of good by the Purchaser shall not .nation, a waiver Of any claim under this woman, Except w otherwise provided in this purchase area, the Sellers liability hereunder shall extend to all damages proximately caused by the bench of any of the foregoing ammuntm, or guarantees, but such liability shall in no event include loss of perfus or lass 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 lama by written change order. S. CHANGES RJ COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal morns, including sdditi ns to or dolmans from the Tumone. ui,mally -dared in the spacif. iaiu w drawings, by verbal o onrimut change .,doe. If any such change affects the amount due or the lime of performance hereunder. an equitable adjustment shall he outdo. 6. TERMINATIONS. The Purchaser may at my time by woman change ode, tormirate this agreement is to any or all portions of the gainers then not shipped, subject to any equitable adjumnrem between the panic as to any work or materials than in progress provided that the Purchaser shall Sol be liable for any claims for anticipated proem on the uncompleted pardon of the goods andff work, for incidental or comcgrrenfial damage, and that no such adjuctmea be made in favor of the Seller with respect o any good which we the Sellers standard truck. No such termination shall relieve the Purchaser w the Seller fany of their Obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim fur adjustment must be assured within thirty (30) days front the date the change or maturation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants That all goods said hereunder shall have been produced, sold, delivered and famished in sector compliance with all applicable laws and regulations to which the good am subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requital to be incmpomted in agreements Of this cbe.,,, arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser Stainless from all costs and damages suDbred by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, pansfer, or convey this order, or any monies due or to become due hereunder without the prior.aina mresat of the other parry. 10. TITLE. The Sells wamnts full, clear and unrestricted Lille to the Purchase far all equipment, mworas, and it. 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 connectors of any tier from all liability and claims of any nature resulting from the peK montane attach work. This rename shall apply even in the event of fault of negligence of the party released add shall extend to the diredon, .Ricers and employers of such parry. The Settees 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. PATEN TS. Whenever the Seller is required to use any design, device, material or process crowed by leper, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any add all claims for infringemen by rearm of the use of such patened design, device, material be process as connection with the ammer, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged an pay by reason of such infringement at any time during the prosecution or after the completion of the work. In eau said equipment, or any pan thereof w the intended use of the good, is in such suit held m acdifte infringemenl and the use of said equipment or rare is enjoined, the Seller shall, at its own expense and at its option, either peocme far the Purchaser dlet right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Stoller shall become insolvent or bmdrupt hake an exsignmem for tbe benefit of credimn, appeim o receiver or buster for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation oflhe agreement and the rights of all parties hereunder shall be concoct under and governed by the laws of the State of Culomdo, USA. The folbwing Additional Conditions apply only in cases where the Seller is to perfon work hereunder, indicating the services of Sellers Represenudive(s), on the promises traders. I). SELLERS RESPONSIBILITY. The Seller shall deny on said work at Sellers own risk until the same is illy completed end accepted, and shall, in case of any accident, destruction or injury to the work anNor materials before Series final completion and acceptance, complete the work at Settees own expense and in the satisfaction of the Purchaser. safe. materials and equipment are f ished by others for installation or tradi tion by [be Sells, the Seller shall receive, unload, store and handle same at the site and become responsible tberefur as though such materials defer equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including exam aftiottal dia ss. benefie, to its employers employed on or as connection with the work corered by this purchase order. andtor to their dependenn in accordance with the has of the state in which the work is to be done. The Seller shall also emry, comprehensive general liability including, but not limited to, contmnud and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one Person, $500000 for any accidentone and property damage limit per accident of S400,000. The Seller shall likewise require his anletom, if any, to provide for such mmpemation and in e. Defore any of the Sailers or his contractors employees shall do any work upon the premises of others, the Seller shall banish the Purchaser with i embfici to that such compensation and insurance have been provided Such certificates shall specify the date when such ompettsalion and insurance have been provided. Such certificate shall spmify Ire &,a when such c.mpensoti.n arm insurance, expires. The Seller agrees Out such competcsation and announce shall be maintained wail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Salle hereby assumes the entire responsibility and liability for any and all damage, lass or injury of my kind or nature whatsoever to reasons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchase and any r all of she Purchasers oRcers, agents and employees from and against any cod all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persoc or property to which the Purchaser may So put or subject by reason of my act, action, pogrom, omission or default on fire putt of the Seller, any of his contractors, or any of the Sellers or comments officers, agents or employers. In case any suit Or other proceedings shall be brought against the Purchase, or its offices, agent or employers at any time on account or by reason of my act, action, neglect, omission or default 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 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 at I judgmen6 that may be conned 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 parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dowarved and discharged by giving bond or otheasvice. The Seller and has rommctors shall take all safely promotions, Rai mat! install MI guards neresnry far the mo vertion of acci&ms, amply with all la., and regulations with regard ad safety inelastic& bur without limitation, the Occupational Safely and Health Act of 1970 and MI tales and regulations issued pmaant thereto. Remixed 03Q010