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HomeMy WebLinkAbout506811 BW SYSTEMS / 430295 COLORADO SYSTEMS GROUP - PURCHASE ORDER - 9125011 (3)City of Fort Collins Date: 11/28/2012 1 * 1 0 FMALOW9410 Vendor: 506811 BW SYSTEMS 4305 NORTHPARK DR COLORADO SPRINGS Colorado 80907 PO Number Page 9125011 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 09/12/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 3 Months Maintenance U 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com 1 LOT EA 3,000.00 Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry, 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statmes 1973, Chapter 39-26, 114 (a). exercise any rights 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 goods hereunder or approval ofthe design, shall not release the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be renamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the team Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNM ENT OF ANTITRUST CLAIM S. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pocedmes. violations are in fact home 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 Terms. Shipments must be F.O.B., 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 pursuant to this purchase order. bill must accomoanv invoice. Additional charges for cracking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made four greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where the work is performed, or requited by any other duly constimmd public authority hating jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless tom and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All panics 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 terms and conditions stated herein set forth and any supplementary or additional tents and conditions annexed hereto or incorporated herein by reference. Any additional or different morns 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 promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time staled on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable 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 are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military authorities, governmental 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 period equal to the time actually 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, 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 purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable wamanly provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be umeasowbly 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 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 of profits 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 terms by wriuen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal recurs, including additions to or delemions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the panics as to any work 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 goods and/or work, for incidental at consequential damages, and that no such adjustment be made 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 as to any goods delivered hereunder. 7. 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 Seller warrants that all goods sold hereunder shall have been 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 regulations 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 order, or any monies due or to become due hereunder without the prior written consent ofthe other patty. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Seller, and die Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. 73ie Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, office. 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 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 or copyright, the Seller shall indemnify and save harmless the Purchaser tom 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 part 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 same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrapt, 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 be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), 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 case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished 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 to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry 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 and propeny 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 furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certifemes shall specify the date when such compensation and insurance have 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 entire 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 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 order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or propeny to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default 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 time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all toss, charges, attorneys fees and other expenses, any and all judgments; that may be incurred by or obtained against the Purchaser or any of is or their officers, agents or employces in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or m a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards 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 rates and regulations issued pursuant thereto. Revised 03/2010 System for Award Management Page 1 of 1 Search Results Current Search Terms: BW Systems No records found for current search. SAM I system for Award Management 2.0 IBM v1.909.20121121-1723 r Note to all Users: This is a Federal Government computer system. Use of this USA gaV system constitutes consent to monitoring at all times. �yyr https://www.sam.gov/portal/public/SAM/?portal:componentld=7cbf8635-61 f6-41 ff-bfb6-... 11 /30/2012 Memorandum DATE: 11/20/12 TO: John Stephen FROM: Karl Gannon 4___ I)zs­e�(( 7r3rgAofO /tUI@IakAid e 663@7p6t0dnAit6kLhd Fcfr bC 0hft C006662E2R 194 Tr 6� pk2 16620 Df - Y24.6066 F �r 1.6265 fcgov.con Aransfort SUBJECT: Security Camera Maintenance Fees — Addendum 3 - Justification of Sole Source Per Services Agreement and subsequent Purchase Order (Contract) with BW Systems (formerly known as Colorado Systems Group), BW Systems and the City of Fort Collins have agreed to an annual maintenance fee of $8,400 for all maintenance activities related to the conversion of 35 security cameras at Transfort's facilities and associated Digital Video Recorders (5) — "Video Management System" (VMS). Prior to full conversion of the cameras and completion of Phase 1 & 2 of the VMS, the City of Fort Collins has agreed to a monthly maintenance fee for the cameras with the vendor of $1,000 per month or $3,000 for each three month period. Although this monthly maintenance fee exceeds the upon -conversion maintenance fee by $3,600 per year, staff supports the agreement with CSG because the total annual maintenance fee is 32% lower than previous maintenance agreements and because staff anticipates full conversion of the 35 cameras by the end of the year (2012) — thus limiting the City's exposure to the higher monthly rate. Please let me know if you have any questions that I can answer. Thanks, Karl Karl Gannon City of Fort Collins Transfort / Dial A Ride (970)416-2087 BW systems 4305 Northpark Drive Colorado Springs CO 80907 71M33-0718 Billed To: City of Fort Collins -Transit Attn: Accounting P.O. Box 580 Fort Collins CO 80522-0580 Service Invoice Invoice#: 22134 Date: 11 /20/2012 Project: 6570 Portner Road Fort Collins CO Order#: Ordered By: Dean Erickson Job #: 4149,TranSerCon Terms: 20DY Part# Description Quantity Level IV Service Contract 1.0000 Description of work: City of Fort Collins Transit, Fort Collins, CO Attn: Dean Erickson Price Ext Price Sales Tax Kpe1 00100 05 1s Per Service Contract Agreement, Level IV Service Covering Maintenance on Existing System from December 1, 2012 through February 28, 2013. -k(C . act ()gMz31 533310 g2go 2012 V` w .udtvCy \A "%Vv<* AY1GC- /12.t1 V. +Aooe�V�A A P. Q Ck 12 b(� 1 k it t A service charge of 1.50 % per annum will be charged on all amounts overdue on regular statement dates. Thank you for your prompt payment! ►c Non -Taxable Amount: 3,000.00 Taxable Amount: 0.00 Sales Tax: 0.00 Amount Due 3,000.00 City of Forte mot` Collins Date of Estimate: Contract Type: Existing Contract or PO (Y/N): N Independent Cost Estimate 11 /20/2012 Description of Goods (A) or Services (B): BW Systems - Facilities Security Camera Maintenance I have obtained the following estimate from; Published Price List / Past Pricing (date) 4/25/12 - Prior Invoice Amount Engineering or Techincal Estimate (performed by) Independent Third Party Estimate (performed by) Other (specify) Existing Contract with BW Systems Group Description Unit Cost Ad'. for CPI Total 2010-2011 Camera Maintenance - 35 X Analog Cameras & 4 x DVRs $ 455.82 $ 17,776.98 2012 - Phase 1 Annual Maintenance for all converted cameras & 5 X DVRs - per contract $ 210.00 $ 8,400.00 2012 - Phase 1 Monthly Maintenance for all converted cameras & 5 x DVRs - per contract $ 300.00 $ 1,000.00 2012 - Phase 1 Maintenance x 3 Months - Addendum 1 - 35 x Cameras & 5 x DVRs $ 300.00 $ 3,000.00 2012 - Phase 1 Maintenance x 3 Months - Addendum 2 - 35 x Cameras & 5 x DVRs $ 300.00 $ 3,000.00 2012 - Phase 1 Maintenance x 3 Months - Addendum 3 - 35 x Cameras & 5 x DVRs $ 300.00 $ 3,000.00 B Total equals the agreed amount on the contract with CSG. C 2010-2011 Camera Maintenance is the total sum of 2 x individual contracts C:\Documents and Settingsystephen\Local Settings\Temporary Intemet Files\Content. Outlook\15CSTYS7\ICE - 2012 Camera Maintenance.xlsBW Systems - Addendum 3 11/26/2012