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HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9147461Fort Collins Date: 12/18/2014 Vendor: 109315 COLORADO DOORWAYS INC 3333 E 52ND AVE DENVER CO 80216-2322 PURCHASE ORDER PO Number I Page 9147461 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 CO 80521 Delivery Date: 12/17/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 281 N. College Security Assessment Provide all necessary labor and materials to complete the access control work per proposal dated 12/3/14. Includes Options #1, #2, #3, and #6. Contact: Ethan C. - 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@fogov.com 1 LOT LS 27,033.00 Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By stature the City of Fort Collins n exempt fmm state and local taxes Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Pa&istry 84-6000589 is registered with the Collector of Internal Revenue, Denver, Colorado (RCC Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). Gaud Rejected. GOODS REJECTED due a failure in meet specifications, either when shipped or due to defects of damage in aandit may he setumed to you fan credit and am not in be replaced except upon receipt of written insddetions from the City of Fort Collin. Inspection. GOODS are subject o the City of Fart Colhw insisted.. on crucial. Final Acceptance. Receipt of the merchandise, service, or equipment in response to this order can result in authorized payment no the part of the City of Fort Collins. However, d is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tema. Shipme its most Ix, F.O.B., City of Fort Collins, 900 Wood Sr Fart Collins, CO 80522, unless otherwise spaificd on this order. If permission is given to prepay freight and charge fulsomely, the original freight hell tuna accomnnnv invoice. Additional charnel for mckina will not be narrated. Shipment Distance. Whcrt manufacturers have dlsbladr, points in various pans of the country, shipment is expected fmm the neatest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and colas of the stain, municipality, bureau, or political subdivision where the work is performed, or requited by any other duly commided public authority havingymiadiction over the work of vendor. Seller fuller agrees an hold the City of Fort Collins harmless from and against all liability all loss incurred by them by rason of an asserted or csmblished violation of my such laws, regulations, ordinances, roles On,] requirements. Authorization. All ponies to this contract agree that the representatives ate, in fact, bow fide and possess full and complete authority in bind said patios. LIMITATION OF TERMS. This pureham Order expressly limits acceptance to the temp and conditions soled herein set forth and any supplementary ar additional occurs and conditions annexed hereto or incoryomted herein by reference. Any additional or ell 1pirent terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediamly if you cannot make complete shipment no arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time social on the purchase order and the documents attached hereto. No acts of the Purchasers including, without li andian, acceptance of partial late deliveries, shall opemm M a waiver of this provision. In the event of any delay, the Purchaser shall have, ul addition to offer legal and equitable remedies, the option ofplacing this order elsewhere and holding rise Sella liable for damages. Howeveq the Seller shall tent be liable for damages as a result of delays due to causes cum reasonably fore reable which am beyond its reasonable combat and without its fault of negligence, such acts of God, acts ofcivil or military authorities, gwem annul priorities, fires, strikes, food, epidemics, wars or rims provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge them(. In the avant of any such delay, the date of delivery shall be extended for the period equal to the time ectmlly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, articles, marerials and work covered by this order will conform with applicable drawings, specifications, samples mWor other descriptions given, will be fit for the proposes intended, end performed with fire highest degree or mare all confidence in accordance with accepted standard for work of a similar nature. The Seller agrees to hold ffe p ichamr harmless from any Inns, damage or expense which the Purchaser may sniper or incur oa carman, ofthe Sellers breach of wamnty. The Seller shall replace, repair or make good, without and to the pumhamq any defects or faults alising within one (1) year or within such longer period of time as may be prescrihd by law or by the emu of any applicable warranty provided by thc SellermRer the dais of acceptance of the goods (IumishW hereunder (macmMau rant m he mueammbly delayed), resulting fmm imperi t or defective work done or materials fished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this waranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties or mammas, be, such liability shall in no event include loss ofp.FN .11. of., NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FIITFSS 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 remu, including additions to or deletions firm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change alTects the ummunt due or the time ofperformance he arrial an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrinm change order, terminate this agreement as to any or all ponions of the goods then not shipped, subject o any equitable adjustment between the parties as to mry work or materials then in pmgmss provided that the Purchsser shall cum be liable for any claims for anticipated pmlhs on the uncompleted portion of the good andror work, for incidental or consequential damages, and that no such adlmancof be made in favor of the Safer with respect to any good which are the Sellers sandand stxk. No such termination shall relieve the Purchsser or the Seller ofany of their obligations M to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusment must be asserted within thirty, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished 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 he required to effect or evidence compliance. All laws and regulations required to be matrimonial in agreements of this almost are hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser bananas focus ail now end damages suRered by the Purchaser as a rend, of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or mavry, this amid, or any monies disc or to become due hereunder without the prior written consent ofthe offer parry. 10. TITLE. The Seller warrants full, clear and remembered tide to the Purchaser for all equipment materials, and items frmadidhad in Performance of this agreement, farm and clew of any and all liens, resfictioac reservations, sucmity interest mcumbmnces amI claims ofathers. I L NON WAIVER. Failure ofthe Purchaser to insist upon ducat performance ofthe terms and conditions hereof, failure or delay to exercise My 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 goods hereander or approval of the design, shall not release the Seller of any of the warranties or calumniator of this purchase nude end sholl rant be domed a waicar of city right of the purchaser to insist from insist pour once heteofor any of its rights or remedies as m any such goods, regamiless of when shipped, received or accepted, M to any prior or subsequent default hereunder, far shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchase rxogaide that in actual economic practice, ovurchuBes resulting fmm antitrust violations are in fact home by the Purchaser. Theretofore for good cow, and as considemtion for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereaaer acquired under ideal or state antinusr laws for such overthargn ¢lacing to the particular goods or smiar purchased or acquired by the Purehasa pursuant w this purchase amid. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a dace to be agreed upon by the Purchaser and the Seller, and the Seller therafter indicates in inability or unwillingness a comply, the Purchaser may came the work of he performed by the most expeditions means mailable to it rand the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm rise performance ofsrch work. This release shall apply even in use event of fault of negligence of the lair celeased and shall extent to ,he dimahms, nMaers and employees ofsuch party. The Settees contactual obligations, including wanarry, shall not be devoted to Be reduced, in any way, because such work is performed or mush in be performed by the Prominent. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent trademark r copyright, the Seller shall indemnify and save hamrlesf the Purchaser from any and all claims for infringement by reaon of the use of such patented design, device, material or process in connection with the conduct, add shall indemnify the Pumhaer for any wit expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or a0er the completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to mwritute impingement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchase the right to continue using said equipment or parts, replare the same with substantially equal but noninfringing equipment, or modify it m it becomes rwninfringing. 15. INSOLVENCY. If the Seller shall become imolvenc ar bankrupt, make tin assignment for the benefit of creditors, appoint a moreover or trustee for any of the Sellers property or business, this order may LoMwiff be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms rued or the interpretation ofthe agreement and the rights ofull parties hereunder shall be constmcd under all gmmored by the laws ofthe State of Coloado, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work heawdd, including the services w'Shcen Rf, resenmtive(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Salle shall aury on said work at Sellers own risk until the same is fully mmplered and accepted, it shall, in am of any accident destruction or injury to the work andtor materials befog Sellefs final completion end acceptance, complete the work at Sellels own expense and to the satisfaction of the Pmchism. When materials and equipment are famished by offers for inallstion or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor M though such maintains and/or equipment were being fen ishal by Ihe Seller made the order. 118. INSURANCE. 'Ihe 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, mullor to their d referents in accordance with the laws of the ante in which she work is to be done. The Seller shall also carry comprehensive general liability including, but not limited b, contacual all automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, SSOg000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his ontractors, if any, to provide for such compensation and announce. Before any of Ihe Sellers or his rudiments employees &ball do any work upon the premises of others, fire Seller shall famish the Purchaser with a certificate that such mmpewlion and insurance have been provided Such certificates shall specify the date when such mpensation and insurance have been provided Such certificates spill specify the date when such compensation and insurance expires. The Seller agrees that such compensation and Morocco shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire sapotssibildy and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase Omer or in connection herewith. The Seller will indemnify and hold harmless fire Purchaser and any or all of the pmchascrs officers, agents and employees from and against any all all claims, lasses, damages, charges or expenses, whether direct or indirect rand whether to persore, or properly to which the Puchaser may be Put or subject by reason of any act nation, no t omission or default on the part of the Seller, any of his contractors, or any of the Sellers or eontarow officers, agents or employees. In cam any suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or by reason of any act action, negldl, omission or default of the Seller of any of his contractors or any of its or their nflicers, agents Or employees as aforesaid, the Seller hereby agree a assume the defense Hereof all m defend the same to the Sellers awn expense, to Pay any and all eon, charges, enomsys fees oral 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 other lien be placed upon or obaired against the papody of the Purchaser, or said parties in or a a result of such suits or other proceedings, Ore Seller will at once arse der same to be dissolved ell discba l by giving bond at otherwise. The Seller and his contractors shall Like all safety precautions, famish cad install all ground necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant theme. Revised Ofin(l