HomeMy WebLinkAbout109858 F & C DOOR CHECK & LOCK SERVICE - PURCHASE ORDER - 9150226Fort Collins
Date: 01/13/2015
PURCHASE ORDER
PO Number Page
9150226 1012
This number must appear
on all invoices, packing
slips and labels.
Vendor: 109858
Ship To:
FACILITIES DIVISION
F & C DOOR CHECK & LOCK SERVICE
CITY OF FORT COLLINS
210 S LINK LN
300 Laporte Avenue
FORT COLLINS CO 80524-2751
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015
Buyer:
DOUG CLAPP
Note:
Line Description
Quantity
Ordered
UOM Unit Price
Extended
Price
1 Blanket Order
1 LOT
LS
10,000.00
Misc. Labor/Materials
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 500.00
Misc. Materials
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.00m
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state road ]coal taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000589 is regisma d with the Collector Of
Internal Revenre, Denver, Colorado (Ref. Colorado Revised Smmto 1973, Chapter 39-26, 114 (a).
Good RejeclW. GOODS REJECTED due m failure a men spmifca6om, either when shipped or due to defects of
damage in mansit, may he command to you for credit and ore not to be replaced except upon receipt of women
instructions from do, City of Fon Collins.
trepanion. GOODS am subject to the City of Fort Collin inspection on wood.
Final Acceptance. Racipt of the merchandise, services or equipment in response to this order am result in
southwestern payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon mmpinion of all applicable requited impaction pmcedum.
Freight Terms. Shipments most be F.O.B., City of Fart Collim, 70) Wood St., Fart Collins, CO 80522, unless
otherwise speediest on this oNer. If permission is given to prepay freight and charge separately, the original freight
hill coned a -moon v bounce. Additional char¢ea for nackinn will not be accented.
Shipment Distance. Where manufactures have distributing Points in various press of the country, shipment is
expected from the nowt distribution point to destination, and excess freight will be deducted from Invoice when
sldpmenu are made from greater distance.
Pemrits. Seller shall procure at sellers sale cast all necessary permits, certificate and licenses required by all
applicable laws, regulation, odivances and roles of the state, municipality, territory or political subdivision where
the work is pra sod, or mounted by any other duly constituted public authority having jurisdiction over the work
of mder. Sella fnha agrees to hold the City of Fort Collins hamdess from and against all liability and loss
incurred by them by rtzmn of an asserted or established violation of any such laws, regulation, ordinances, mles
and mommonam.
Authorization. All parties to this contract agree that the rep rsenmtives are, in fact, bona fide and possess fall and
complete authority to bind said probes.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the team and conditions smted
herein set Ranh and any supplemenwry or additional taros and condition annexed had. ar incorporated herein by
reference. Any additional or different term and conditions proposed by seller we objected t. and hereby rejected.
1. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to arrive on your
pmmised delivery date as noted. Time is of the essence. Delivery and performance most be efeded within the time
sward on the purchase order and the documents attached herein. No acts of the Purchasers including, without
limitation, acceptance of pawial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and aguNble remedies, the option Of placing 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 not reasonably foreseeable which art beyond its reasonable central and without its fault of negligence,
such acts of God, am oF,i,il or military authomiev, governmental prionties, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing men delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the doe of delivery shall be
extended for the period equal to the time actually lost by mason of the delay.
3. WARRANTY.
The Sella wauznts pal all goods, articles, materials and work covered by this make will conform with applicable
drawings, specifications, samples md/w other descriptions given, will be fit for the pugwses intended, and
performed with the highest degree of care and competence in accordance with aapted standads for work of a
similar mime. The Sella agrees to hold the paafferser harmless boom my loss, damage or expense which the
Purchaser may sings or incur on accord ofthe Sellers breach of w.vranry. The Seller shall replan, repah or make
goad, without cost to the purchaser, any defect or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the team of my applicable warany provided by the Sella after the date of
acceptance of the goods famished] hereunder (attptanm not m be, unreasonably delayed). molting f imperfect
or defective work done or materials bumming by thc Sella. Acceptance or use of goods by the Purcbnter shall not
common, a waiver of my claim under this warranty. Except in manwise provided in this purchase order, the Sellers
Liability hereunder stall extend an all damages pre imetey mused by the breach of my of the foregoing waaeaties
or gwv'ertmR but such liability shall in an event include loss of pri or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pachasa may wake changer to Iegd,ernes by wrinm change ode,.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the term, other then legal Rrrm, including additions an or ddnime, from
the quantities originally ordered in the sp nnifiesiom or drawings, by verbal or wrimen change order. If any such
change of ficas the amount due or the time ofperfmmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Pumhaer may at any time by written change Order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any equitable adjustment between the parties as to any work Or materials then in
progress Farcical that the Purchaser shall not be liable for any claims for anticipated punfil, on the uncompleted
podam of the good onegor wok, for incidental or consequential damages. and that no such ad,..mt be made in
favor of the Seller with rapes to any goods which am the Sellers standard stock. No such Rumination shall relieve
the Parchaaer or the Sella ofany of their obligations in to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW,
The Sella warrants that all goods sold hereunder shall have ban produced, sold, delivered and famished in strict
compliance with all applicable laws and regulations to 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 regulaiom required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller 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 Oder, or any monies due or to become due Immunda without the
prior wrinm concert of the other pray.
10. TITLE.
The Sella warrants full, three and unrestricted title to the Purchmer for all equipment, materials, and items famished
in perform tt of this agrtmenk face and clear of any and all has. mountainous, rtservatim u, security, intent
encombmnces ad claims o f others.
I L NON WAIVER.
Failure ofthe Purchaser to (mist upon strict performance of the town and conditions hereof failure or delay to
exercise any nglas 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 good hereunder or approval ofthe design, shall not release the Sella of
any of the warrontio or obligations of this purchase order and shall not he deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies in to any such good, regardless
of when shipped, received or accepted, m to any poor or subsequent default heranow, nor stall any puryorted
oal modification or rescission of this puohae maker by the Protester operate as a waiver of my of the moms
hamf.
13. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchases rtcmpmee that in actual economic practice, overcharges resulting from antitrust
violations are in fie home by the Financier. Theretofore, for good muse and m consideration for executing this
purchase coder, the Sella hereby assigns to the Powlee er any and all claims it may now have or hereafter
acquired under federal or tram antitrust laws for such overcharges mating to the particular good or services
purchased or acquired by the Punhaur .at to this purchese rider.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Punhasa directs the Seller on correct nonconforming or defective grads by a date to be agreed upon by the
purchaser aM the Sella, and the Seller thereafter indimto its inability Or unwillingness in comply, the Purchaser
may wise the work to be performed by it, most expeditious mean available to it, and the Seller shall pay all
cosh a corned with such work.
The Sella shall rebate the Purchmer and its contractors ofany tier from all liability and claims of any rmere
resulting Germ the perfarmanee ofsuch work.
This release shall apply even in the event of fault of negligence of the party relmsed and shall extend to the
directors, officers and employees ofsuch party.
The Seller's contractual obligations, including warrant', shall not be dame) to be reduced, 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 covercl by letter, patent, trademark
or copyright, the Seller shall indemnify and save h tradvas the Purchase from any and all claims for inGngement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Pumh a for any ..in, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after ate completion of the work. In case said equipment, or
any paw thereof or the intended use of the goods, is in such suit held to constitute infringement and the me of
said equipment or pew is enjoined, the Seller shall, m its awn expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfinging equipment, or niadify it so it becomes mainfringing.
15. INSOLVENCY.
if the Seller shall become insolvent or bodtmpt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this coder may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The de initiom of mom used or the interpretation of the agreement and the rights ofall parties hereunder shall be
construed under and govemed by the laws ofthe State ofColomdo, USA.
The following Additional Conditions apply only in cars where the Seller is to perform weak hereunder,
including the services of'Selle s Repoesenative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Sella shall con,, on said work at Seller's own risk until Ute same is fully completed and accepted, and shall,
in te of any accident, destrucfion or injury to the work aregor materials before Sellers fool complain and
acceptance, complete the wok at Sellers own expense and to the satisfaction of red Fm banow. When maenads
and aluipmml an, fmished by others for instalftion an enetion by de Seller, the Seller shall receive, unload,
store snd handle same at the site and become responsible therefor as though such naturals Oregon compactor
were being fionishei by the Seller under die coda.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of wokers compensation, including occupational
disease benefits, to its employees employed on or in communion with do, work revenant by this purchase order,
,raptor to Heir depeMmts in acconUnco wish the laws of the state in which the wok is to be done. The Sella
,ball also carry comprehensive gweal liability including. but not limited to, rov..I and a rmmobile Public
liability tmmmce with bodily injury and death limits of at least S30(),000 for any one person, $SM." for any
one accident and property damage limit per acident 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 contactors
employees Shan do any wok upon the prenises of others. the Sella shin burnish the Purchaser with a certificate
that such compensation and imurove have ban provided. Such cenilmtea shall specify the date when such
ompemation and imumnce have been provided. Such certificates shall specify the date when such confirmation
and insurance expires. The Seller agms, that such compensation and insurance shall be maintained amid a0er the
entire work is completed atad accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility vad liability for any and all d ride. loss or injury ofany kind
or nature whatsoever to persons or property mused by or resulting tram the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchmer and any
or all of the Purchasers ollicers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect and whether to persons or prepay m which the Purchaser may
be at Or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his
contractors, or any of the Sellers or commerce, Officers, agents or employees. In case any suit or other
proceedings shall be bmught against the Purchaser, or its officers, agents or employees at any lime on account or
by rearm of my net, action, neglect, omission or default of the Seller of any of his contradars or any Of its or
they officers, agents or employees ex aforesaid, the Seller hereby agrees to resume toe defense them£ and to
defend the same at the Sellm own 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 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 athe Purchmer, or said parties in or as a result ofsuch suits nr other proceedings,
the Seller will at once move the same to he dissolved and discharged by giving bond or otherwise. The Seller and
his sanctions shall take all safny precautimm, furnish and install all guards necessary for the prevention of
accidents, comply wilh all laws and regulations with regard to safety including, but womem limitation, the
Occupational Safety and Health Act of 1970 and all roles sad mgulations issued pursuant flearo.
Revised 07n014