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HomeMy WebLinkAbout109858 F & C DOOR CHECK & LOCK SERVICE - PURCHASE ORDER - 3215340PO PURCHASE ORDER 321534er 1of2 C117/ of PURCHASE 3215340 t of z Flirt Collins lI„s This number must appear !"_`�,/`' ` V ` 1 1 on all invoices, packing sli s and labels. Date: 01/14/2015 Vendor: 109858 F & C DOOR CHECK & LOCK SERVICE 210 S LINK LN FORT COLLINS CO 80524-2751 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buver: DOUG CLAPP Note: Line Description Quantity.. UOM Unit Price Extended Ordered Price 1 2015 Annual 1 LOT LS This Purchase Order is for the procurement of goods and/or services, as needed during the current calendar year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of such goods 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Foes Collins is exempt from stare and local taxes. Our Exemption Number is 11. NON WAIVER. 98-W 502. Federal Excise Thx Exemption Carificam of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon shin performance of the terms and conditions hercvf failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statute 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promprly notify the Seller in the event of a breach, the acceptance of or payment lot goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to area specifications, either when shipped or due in defects of any of the warranties or obligations of this purchase aide, and shall not be, deemed a waiver of any right of the damage in tr nsit, may be rammed so you for credit and are not to be replaced except upon receipt of written purchaser w insist No strip Permanent, fact any of its rights paramedics as to my such goad, regardless insuuctions Gom the City of Fort Collins. of when shipped, reversed or accepted, as to my prior or subsequent default hereuMer, nor shall any puryoned oral modification or rescission of this purchase order by the Parchuer operate as a waiver of my of the terms Inspection. GOODS are subjecno the City of Fan Collins inspection on arrival. hereof. Final Acceptance. Ramps of the meahmdise, services in equipment in response to this order rup result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is to b, understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required on inspectiprocedures. violations oar in fact home by the Pumax hr. Theretofore,for good cause and as wnsidemtion for executing this Purchase 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 Fort Collins, 10o Wood St, Fort Collins, CO 80522, unless executed under Put or stare antirust laws for such overcharges relating to the particular goods or services otherwise specified on this order. Ifinrmission is given to prepay Imight and charge separately, the original freight purchased or acquired by the Purchaser pursucat to this purchase ort bill must accomnanv invoice. Addhimil thou es foreackmal will not be mcented. Shipment Distance. Where manufacturers have dubthuling paints in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice what shipments are made from greater durance. Pamirs. Seller shall procure at sellers sole cast all ancestor, pennin, mnificates and licatses required by all applicable laws, regulations, oOiances and roles either state, municipality, territory or Political subdivision when the work is performed, or required by any other duly constituted public amhorily having jurisdiction over the work of vendor. Sella Lumber agrees to hold the City of poll Collins hmmlea, from and agaiml all liability and loss incurred by than by reason of an ansrnd or established violation of any such laws, regulations, ordinances, roles and requirements. Authurimtion. All parties to this contract agree that the representatives are, in fact, bona file and posuu full and complete amhorry to bind said parties. LIMITATION OF TERMS. This Poorhouse Order expressly limits mceprance w the semis and conditions stared herein set fond and any supplementary or additional reran and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejend. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou comet make complete shipment to move on your promised delivery date as noted. Time is of the essmce. Delivery and performance must be effected within the time ,clued on he purchase order sad the documents attached hoop. No sun of the PurcTexas including, without Limitation, acceptance of partial lute deliveries, shall option, as a waiver of this provision. In the event of any delay, the Purchaser shall have. in addition to other legal and equitable remedies, the option affirming this arda 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 mvwally foreseeable which are beyond its reasonable control and without its fault ofnegligmce, such ols of God, sets of civil or milimry authorities, govemmenal priorities, fires, strikes, hood, mpidernlq wars or riots provided than nmme ofilm conditions causing such delay is given at the Purchaser within five (5) days of the time when the Seller first received knowledge then af. In the event of my such delay, the date of delivery shall be extended for the period equal to the time penally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, temples and/or on... descriptions given, will be fit for the promees intended, and performed with the highest degree of are and competence in accordance with accepted standard for work of a similar nature. The Seller agree in hold the percher harmless from any Inns, damage or expense which the Purchaser may suR or incur on account of the Sellers breach of warmary. The Seller shall replace, repair or make good, without cost or the purchaser, my defects in faults arising within one (1) year or within such longer peril of time an ray be prescribed by law or by the terms ofany a,liable wananry provided by the Seller site, the date of acceptance of the goods fumished hereunder (acaPtance not to be, umemoably delayed), resulting form impM t or defective work doe or materials f fished by the Seller. Acceptance of ate of goads by Be Purchaser shall not consulate a waiver of any claim under this s amdnry. Exapt as otherwise provided in this purchase, order, the Sellers liability hereunder shall extend to al I damages pmximmely anted by the breach of any of the foregoing warm ntiw or gl ommeee, but such liability shall in an event include lass of profits or loss of toe. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI ]ALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pardoner may make changes to legal tams by waium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal move, bleaching ing additions in or deletions from the quantities originally ordered in the spxifmtiom or drawings, by canal ar written change order. If any such change affects the amount due or the time ofpaformentt hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Prurient may at any time by written change order, cautinme this agreement as to any o ell ni icas in The gumu then not shipped, subject o any equitable adjustment between the patties an to any walk or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good cadger work, for irtcidenml or consequential damages, and that no such adjustment be made in favor of the Seller with respect so my good which are the Sellers standard stock. No such teemination shall relieve the Purchaser or the Seller of my ofthe'u obligation as to my goods delivered heremder, ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most b, aaMed within thirty (30) days form dre date the change or tandeation is ordered. 8. COMPLIANCE WITH LAW. Ile Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and burnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents an may be required to effect or evidence compliance. All laws and regulations required to be incorporated is agtements of Nis diameter are hereby incorporated herein by this reference. The Seller agrees to indemrtify and hold the Purchaser harmless from all cases and damages suffered by the Pachuca in a result of the Sellers failure to comply with such law, 9. ASSIGNMENT. Neither party shall assign, mrufer, or convey this order, or my monies due or to become due hereunder without the prior wduen consent ofthe other parry. 10. TITLE. The Seller warrants hall, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all hens, restrictions, reservations, security mtrrest encumbrmces and claims of othea. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct onconformhtg or defective goad by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness w compty. the Puchaser may cause the work to h perfcemed by the most expeditious mans available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Pm<huer and its conuactors of my tier from all liability and claims of any nature reselling from the performance afauch work. This release shall apply even in the event of fault of negligence a the party released and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to or performed by the Puorhmer. 14. PATENTS. Whenever the Sella is mryirarl to use any design, device, material or process eaverd by lento patrn4 md,m fir copyright, the Seller shall indemnify and ance hatmleas the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or proms, in co oration with the contract, and shall indemnify, the Purchaser for any cost, expense or damage which it my be obliged to pay by reason of such infringement al my 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 gaasfs, is in such suit held to constitute inGngeman 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 pans, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes complidnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make m assignment for tb benefit of ce sdoors, appoint is rettiver or bounce for any of the Sellmrs pmpMy or business, this order may torthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or the intaprewtion ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in acres where the Seller is to perform work hercuder, including the services of Sellers Raprexaativend, on the Premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry o said work at Sellers own risk until the same h fully complened and xccpted, and shall, in rue of my accident, destruction or injury to dre work andrm ancia is before Sellers final eompletim and acceptance, complete due work et Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or amnion by the Sella, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such noes s lodger equipment were being throttled by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymmt of workers compensation, including ocupeuoal disease bene0es, to its employees employed on or in connection with the work covered by this purchase order, maker to their depcedmts in accordance with the laws of the male in which the work is to be done. The Seller shall also carry comprehensive general liability includes& but cat limited to, command and automobile public liability insurance with it, inituy nod death limits of at least Uon,enn for any one person, 350),000 for any one accident and property damage limit per accident of 5410,0)i The Seller shall likewise ,quire his ontmetors, 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 famish the Purchaser with a certificate that such compensation and insurance have been provided. Such can nicums shall specify me dam when such compensation and insurance have been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be, mainained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more napomibility and liability for my and all damage, loss or injury ofany kind or nature whaesoever to narrow or property caused by or mulling form the execution ofthe work provided for in this terminate order or in connection herewith. The Seller will indmmniy and bid bemless the Purchaser and my r all of the Purchasers officers, agents and employees form and against any and all claims, lossa, damages, charges or expenses, whether direct or indirect, and whether to persons or properry to which the Purchaser may be put or subject by reason of my err, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against The Purchastt, or its officers, agents or employees at any time on account or by reason of my act, action, region, omission or default of the Seller of my of his contractors or any of its or their officers, agents a employees in aforesaid, she Seller hereby agrees to assume tine defense thereof and to defend that some or die Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, my and all judgments chat Trey b incurred by or obTawed against the Purchaser or my of is or their officers, agents or employees in such suits or other proceedings, poll in tau judgment in other fiat be, placed upon or obtained against the property of the Puorhuscr, or said parties in or as a rtshit ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and commit by giving bond or otherwise. The Seller and his contractors shall juice all safety precautions, fiunuh and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitatim. the Occupational Safety and Health Act of 1970 and all roles and repudiation issued pursuant thereto. Revised 0712014