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HomeMy WebLinkAbout494784 SERVITECH - PURCHASE ORDER - 9116756PURCHASE ORDER PO Number Page City Of 9116756 1 of 3 ' `t Collinshis number must appear v ` 1 '�7 on all invoices, packing slips and labels. Date: 11/09/2011 Vendor: 494784 SERVITECH 8756 E FRONTIER PL DENVER Colorado 80237 Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS Colorado 80521 Delivery Date: 11/09/2011 Buyer: ED BONNETTE Note: PER QUOTE TO RICK JESSER FROM WAYNE CALDERONE DATED 11/8/2011. PLEASE SHIP TO ATTN: RICK JESSER; CONTACT #(970)416-2156. Line Description Quantity Ordered UOM Unit Price Extended Price AXIS COMM 0343-001 P1347 1 LOT LS 1,199.00 2 AXIS COMM 0368-001 P1347-E i 1 LOT LS 1,499.00 I 3 AXIS COMM 0266-004 233D 2UNITS X $2,199.00/EA = $4,398.00 1 LOT LS 4,398.00 4 INFINIAS S-DOOR-KIT-WH 1 LOT LS 822.00 INTELLI-M SINGLE DOOR WEIGAND HID ADD KIT -NO PCON 2 UNITS X $411.00/EA = $822.00 5 TRANSITON SPOEB1011-100 MC 1 LOT LS 538.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. of 9116756 2 of 3 Flirt Collins This number must appear //_`,'�'`�_,J`-' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 10/100BASE-TX TO 100BASE-FX ST MM 2 KM 2 UNITS X $269.00/EA = $538.00 6 DYNALOCK RHR-US28 MAG LOCK 1 LOT LS 2 UNITS X $241.00/EA = $482.00 Per Quote # 11-821-01, dated 11/8/11 7 SHIPPING 1 LOT LS Total 482.00 200.00 138.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 11, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax esemptions. By statute the City of Fon Collins is exempt therm state and local tuns. Our Exemplion Nmnbcr is 98-04502. Federal Excise Tax Exemption Cenlficate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 '26, 114 (a). I Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to detects of damage in transit, may be resumed to you for credit and are not to be replaced except upon receipt of written immuctions from the City of Fort Collins. lmpcction. GOODS are subject to the City of Fon Collins inspection on arrival. 11. NON WAIVER. Failure of the Purchaser to insist upon strict perfomance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the aecepwnee of m payment for goods hereunder or approval ofthe design, shall not rcleac the Scllcr of any of the oarmntics or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist upon strict Performance hcrenf or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed oral mcdificution or rescission of this purchase order by the Purchaser operate as a waiver of any of the temu hereof. Final Acceptance. Receipt of the iemhandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUSTCLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrom ACCEPTANCE is dependent upon completion ofull applicable required inspection proecdurcs. viol.timn arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terns. Shipments must be F.O.H., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursumn to this purchase order. bill must accompany invoice. Additional charges for packing rill nor be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is H'the Purchaser directs the Seller o correct nonconforming or defective goods by a date to be agreed upon by the expected from the moron distribution point to destination, and excess (might will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay all cost,.ssocialed with such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and Iiccmes required by all applicable laws, regulations, ordinances and rules offlue mate, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Four Collins homeless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tenors and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed 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 promiwd delivery date as noted. Time is of the coerce. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall opera¢ as a waiver of this prevision. In the event of any delay, the Purchaser shall have, in addirian to other legal and equimblc remedies, the option of placing this order elsewhere and holding the Seller liable for damages. How'e%cm the Seller shall not b< liable lot damages us u result of delay's due to causes not masonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, go,comic teal priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such 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 date of delivery shall be extended for the priod equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wl nams that all goods, articles, materials and work coved by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, 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 purchaar haoml ss form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of woommy. The Seller shall replace, repair or make good, unbent cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time us may be pmseribed by law or by the terms ofuny applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warrany. Except as otherwise provided in this purchase order, the Sellers liability hemunda shall extend to all damages proximately caused by the breach of any of the foregoing warranties or grammes, but such liability shall in no event include loss of pmfils or loss 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 toms by wrinen change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the toms, other than legal action, including additions to or deletions (rum the quantities originally ordered in the spcciticotiors or drawings, by verb.] or written change order. If any such change affects the amount due or the time ofperfemmnce hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by wrinen change order, terminate this agreement us to any or all portions of the goods then not shipped, subject to any equitable udjaunent between the panics as to any work or materials that in progress provided that the Purchaser .hull nor be liable for any claims for anticipated profs on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such trrnination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (301 days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller w.no.is that all goods sold hereunder shall have been produced, sold, delivered and furnished 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 efiect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees m indemnify and hold the Purchaser harmless tram all costs and damages suffered by the Purchaser us 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 duo hereunder without the prior wrinen consent ofthe other party. 10, TITLE. The Seller warrants full, cicarand unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all lies, restrictions, reservations, security interest encumbrance. and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting lions the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party rcicaed and shall extend to the directors, effects and cmployces ofsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfornid by'the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamdess 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 fsuch infringement at any time during the prosecution or alter the completion ofthe work. In ease 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 pans, replace the some with substantially equal but noninfringing equipment, or modify it w it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of coditurs, appoint a receiver or tmemc for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofteme, used or the interpretation ofthe agreement and the rights of.]] parties hereunder shall be construed trade, and governed by'the laws of the State of Colomdu, USA. T'he following Additional Conditions apply only in caws where the Seller is to perform work hereunder, including the wn'ices of Sellers Representativels). on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in caw of any accident, d stmction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment are famished by others for installation or enction by the Seller, the Seller shall receive, unload, store and handle some at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, ut his awn expense, provide for the payment of workers compensation. including occupational disease benefits, to is employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Scllcr shall also curry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, S500,000 for any one accident ..it propcny damage limit per accident of $400,000. 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 ofodrers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have bccn pmvidcd. Such certificates shall specify the dam when such compensation and insurance expires. The Scllcr agree. that such cmmpenmidia, and insurance shall be olinulmed mail area the entire work is completed and accepted. 19. PRO I'ELI'ION AGAINST ACCIDENTS AND DAMAGES. 'The Seller hereby assumes de entire nspomibility and liability for any and all damage, loss or injury ofuny kind or nature whasocwr to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection haewjib, 'I he Seller will indenmi fy and hold harmless the Purchaser and any or all of the Pruch.w,, officers, agents and cmployces from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, umission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or cmployces. In caw any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, mnission or default of the Seller of any of his contractors or any of its or fl cir officers, agents or cn,ployca as ofomsaid, the Seller hereby agrees to assume the defense thereof and to defend the sane at the Sellers own cxpcnw, 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 cmployces 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 its 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 safely precautions, furnish and install all guards necessary for the prevention of accidents, comply will, all lows and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010