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HomeMy WebLinkAbout109315 COLORADO DOORWAYS INC - PURCHASE ORDER - 9150219PO PURCHASE ORDER 915021 Number Page C117/ O'f50219 t of z Flirt Collins( his number must packing !I\�/`I ` V �7 on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 109315 COLORADO DOORWAYS INC 3333 E 52ND AVE DENVER CO 80216-2322 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Blanket Order 1 LOT LS 12,000.00 Misc. Keys/Door Hardware to cover the cost of miscellaneous labor/materials for fiscal year 2015. All services shall be ordered by City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount 2 Blanket Order 1 LOT LS 5,000.00 Other Maint./Repair 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 Total Pay terms net 30 days Invoice Address: 17 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 stable the City of Fon Collins is exempt from stale and local taxes. Our Exemption Number is 98-04502. Federal Excise for Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter39-26,114 (a). Goods Rejected. GOODS REJECTED due to padure m meet specifications, either when shipped or due to defects of damage in rood, may be remind to you for credit and are not to be replaced except upon receipt of wriven instructions firm the City Of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response m this order con result in authorized payment on be pan of the City of Fon Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.D., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have champion, points in anus pans of the country, shipment is expected from the nearest distribution paint to destitution, and excess freight will bed ducted from Invoice when shipments are made Gam greater distance. Pmmits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable Tows, regulations, continues and rates of the sate, municipality, mmitory or political subdivision where the work is performed, or minimal by any other duly wart aced public authority having jurisdiction over the work of vendor. Seller further agree to hold the City of Fort Collins harmless from and against all liability and less anderred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules requirements. Authorization All parties m this contract agree that the representatives are, in fact, bona fide and possess full and omplete authority to bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional team and conditions annexed hereto or incotprrated herein by reference. Any additional or different terms and conditions imperil by seller are objected to and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time staid on the purchase order and the documents anoehed hereto. No acts of the Purchasers including, without Imitation, acceptance of partial late delro nos, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition in other legal and equitable remedies, the option ofpl.ning this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes act reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, was of civil or military authorities, governmental panties, fires, stokes, Rand, epidemics, wars or ..Is provided that notice of the conditions causing such delay is given to fe Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the time of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, amides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the parposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a 'mtlar nature. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account option Sellers breach of womanry. The Seller shall replace, two it or make good, without cost to the purchaxq any defects or faults arising within one (1) year or within such longer peed of time as may be presented by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goads fmishd hereunder p,miganw not to be unreasonably delayed), res filling tom imperfect or defective work done or materiels famished by the Seller. Acceptance or use of goods by the Purchaser shall not anstimte a waiver of any daim under this warranty. Except m otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits 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 terms by women change order 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by va bal or woman change mbar. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. Its Parchascr may 0 any time by waiaen change order terminate this agreement as to any or all portiann of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Puchasac shall not be liable for any claim for anticipated profits on the uncompleted portion of the goods and/or work, for incidental art consegoemial damages, and that no such adjustment be trade in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations m to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the date the change or temination is oulered. 8. COMPLIANCE WITH LAW. The Seller .1, that sll goads sold hereunder small have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulatiors t0 which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and wifularims required to be anent rated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees or 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 prior wninen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to be Purchaser for all equipment materials, and items famished in perform a of this agreement, face and clear of any and all liens, reshictmos, reservations, security interest encumbranes and claims sparklers. I L NONWAIVER. Failure of the Purchaser, m insist upon strict performance of the teener and conditions hereof, failure or delay to exambe any rights or remedies provided herein or by law, failure to promptly notify the Seller f the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe desigq shall not release the Seller of any of the wartanf. ce obligations of this purchase order and shall act be deemed a waiver of any night of the purchaser to insist upon strid performance hereofor any of its rights or remedies so to any such goods, regaNless of when shipped, received or accepted, re to any prior or subsequent default hereunder, nor shall any purported am] modification or remission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, ovemhargrs resulting Gam antitrust as violations are in fact home by the Purcher. Theretofore,nforr good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now haw or hereafter acquired under formal or more antitust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser diacts the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser may cause the work to be Performed by the most expeditious means available m it, and 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 insulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, ofcers and employees of such party. The Sellers mntractwl obligation. including watranty, shall not be deemed to be redid; in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement 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 infringement at any time during the prosecution or after 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 own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace foe same with substantially .at but rearranging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bet tmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property, or business, this order may forthwith ha canceled by the Purchase, without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation office agreement and the rights of all parties hereunder shall be command under and governed by the laws of the State ofColomd0, USA. The following Additional Conditions apply only in cases where the Seller is to Le rfmn work hereunder, including the services of Sellers Representatively), on the premises ofolhars. ❑. SELLERS RESPONSIBILITY. The Seller shall rnmy on said work at Sellers own risk until the sane is fully completed and accepted, and shall, in x of any accident, destruction or injury to fe work andor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the marafetion of the Purchaser, When materials and equipment arc finished by others for installation or ermion by the Seller, the Seller shall receive, unload, store and handle sane ed the site and become responsible therefor as though such materials andfor equipment were being famishd by the Seller under the order. 18. 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 m their dependents in accordance with the laws of the state f which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, communist and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Finnish the Purchaser with a maintains that such compensation and insurance have been provided. Such certificates shall specify the late when such compensation and insurance haw been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the cnthe work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or may of any kind or nature whatsoever in persons or property unseal by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchases, officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direr or indirect, and whether to persons or property to which the Thompson may be par or subject by on of any act, action, neglect, omission or defaull 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 brought against the Purchaser, or its officers, agents or employees at any nine on account or by reason of aact action, neglect omission or default of be Seller of any of his contractors or any of its or their officers,ny agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own exprnu, m pay any and all costs, charges, attorneys fees and other expenses, any and all judgments Nat may be incurred by or obtained against the Purchaser or any of its or theft 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 of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and . his contractors shall take all safety precautions, famish and install all guard necessary for the prevention'of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Herb Act of 1970 and all rules and regulations issued pursuant thereto. Revised 07I2014