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HomeMy WebLinkAbout339130 ICONICS INC - PURCHASE ORDER - 9141705Fort Collins Date: 03/24/2014 Vendor: 339130 PURCHASE ORDER ICONICS INC C/O PROCESS CONTROL DYNAMICS INC 4901 E DRY CREEK RD #G-10 CENTENNIAL CO 80112 PO Number Page 9141705 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER TREATMENT PLANT #2 CITY OF FORT COLLINS 4316 W LAPORTE AVE FORT COLLINS CO 80521 Delivery Date: 03/24/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Software Maint & Support Sery 1 LOT LS (CONICS Software SupportWOX64-Site Per Quotation # IC074N01; Dated March 7, 2014; Prepared by Nolan Herring Extends coverage for an additional 1 Year from date of original shipment. Includes unlimited telephone technical support, access to (CONICS knowledge Bases and automatic product upgrades for current version (Right of the Decimal) and free upgrades for major version releases (Left of the Decimal - i.e. V7.1 x to V8.01 to V9.ex etc.) for length of SupportWorX plan. Renewable on a yearly basis. Includes Support for the Following Software: 1 each GENESIS64-APP 5000 Redundant 1 each GENESIS64 Hyper Historian 5000 Redundant 1 each WebHM164 Browser 25 pack Redundant Add licenses to existing UPSITE 2 Year Plan CNR-06276-OS4PVS will expire on 4/26/2015, Note: Quotation for licenses purchased on Purchase Order 9134135 to be added to SupportWorX plan CNR- 06276-OS4PVS for remaining 1 year of plan. All licenses on plan, existing and newly added, will have the same SupportWorX plan expiration date of 4/26/2015 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 6,644.50 YIt.Si:7��XYL�Yr1 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. COMMERCIALDEI'AIIS. Tax exemptions. By statute the City of Fort Collins is exempt firm state and local taxes. Our Exemption Number is It. NON WAIVER. 98-04502, Federal Bxdse Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser m insist upon snip performance of the terra and conditions hereof, failure or delay, m Intemol Revere, Denver, Colorado (Ref Colorado Revised Salutes 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, skill not release the Seller of Goods 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 out be deemed a waiver army right of the damage in transit, may be rammed to you fur credit and we not to be replaced except upon receipt of wdven purchaser to insist upon strip perfomtance hereof., any, of its rights or remedies a to any such goods, regardless irstmctions from the City of Fan Collins. of when shipped, received or comptal, m many prior or subsequent defrch hereunder, nor shall any purported real mrdification or rescission of this purchase order by rise Purchaser operate as a waiver of any of rise a = Inspection. GOODS are subject to the City of Fort Collin inspection on tribal. hereof. Final Acceptance. Receipt of pre markmndiu, slices or equipment in respms¢ to this order ao It in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhoriud payment on the part of the City of Fort Collins. He,,, it is to b, understood that FINAL Seller and the Parchaer recognize that in azmal economic prectia, overcharges inciting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Thro mfore for good tabu and as consideration for exermag this purchase ordm, the Seller hereby assigns to the Pufchaer any and all claims is may now have or hereafter Freight Terms. Shipments must be F.OJL, City of Fan Collins, 700 Woad St, Fort Callins, CO 80522, unless otherwise specified oa this order. If permission is given ui parlay freight and charge separately, the odglanl freight bill must accompany invoice. Additional charges for packing will nor be acceptal. Shipment Distance. Where manafacmmus have disWbming paints in sanow puts of the country, shipment is expected from the nearest distribution point to distinction, end excess freight will he deducted form Invoice when shipments are made drum greater distance. acquired under federal or stale antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant a this purchase other. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to emren nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, mal the Seller thereaaer 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. Permits. Seller shall pr.cum at sellers sale cost all necessary Perlis, cenificaa and licenses remind by all applicable laws, regulations, oNimences and rules fthe state, municipality, ad., or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work al code,, Seller Jordan agrees ,, hold the City of For Collins harmless from and against all liability and loss incurred a ed by them by reason of na med or established violation of any such laws, regulations, ordinances, roles ana,eteinsnems. Aurlmdration. All panels to this contract agree that we mprc lmonn , are, in fact, bona fide and possess full aed complete authority To bind said pmins. LIMITATION OF TERMS. This Pmmhae Order expmssly limits acceptamx to the It. will conditions stared herein set f.M and any supplementary or additional rcrms and conditions armexcd hemm or inceffo mted herein by reference. Any additional or different toms and conditions propound 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 dire ors noted. lime is of the essence. Delivery and perfumtance must be effected within the time Metal on die purchase order and the documents attached herds. No acs of the Pumhaers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this p.Asian. In the went of My delay, the Purchaser shall have, in addition to other legal and quitable remalies, the option of placing this order elwwhem and holding the Seller liable for dumgges. Houaer, dre Seller shall not be liable for damages as a molt of delays due to woos rat reasonably foreseeable which are beyond is r.,w,ruble control acid without its fault ofivedq ance, such clsofGWJlas.frilil or cause, authorities, govemmenal priorities, f s, strike, flood, epidemics, wan of riots provided that notice of the conditions causing such delay is given to the Purchase within five (5) days of the time when the Seller that 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 last by reason ofthe delay. 3. WARRANTY. The Seller warrants Nat all goods, articles, n rmina6 and work covered by this order will conform with applicable drawings, specifications, somples ankar 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 rature. The Seller agrees to hold the purchaer harmless firm any loss, damage or expense which me Purchaser may sutftt or incur on amount of the Sellers mouth of wzrtam, The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of time as may be pascribed by law in by the tenor of any applicable warranty provided by the Seller after the dam of acceptance of the goods Furnished hereunder (acceptance not to h, worm onably delayedL muting from impairer or defective work done or materials fumished by the Seller Acceptance or use of goods by the Purchaser shall not institute a waiver of any claim under this warranty. Except as 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 even 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 Parabola may make changes to legal terms by wairen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions in or deletions from the quantities originally ordered in the specifications or drawings, by valid or women change order. If any such George affects the amount due or the time of perf smmn eve hereunder, an c uluble adjustment shall be mnde. 6. TERMINATIONS. The Purchaser may at any time by women change order, mmtirate His agreement as to any or all potions of the goods then not shipped, subject any extricable adjustment between the parties as many work or materials then in progress provided that the Purchaser shall trot IN liable for any claims for anticipated profits or the m completal potion of the goods maker work, for incidental or comegroomid damages, and that can such adjustment be made in favor of the Seller with respect m any goods which art the Sellers stardaN stork. No such amnduclu n shall relieve the purchaser or the Seller army ofiheir obligations as to any goods delivered thermal ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be award within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants that all goods said hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulation to which we goods ate subject. The Sella shall execute mal deliver such commercial as may he required to effect or evidence compliance. All laws wind regulations required no be ncorporated in agreements of this chwacier are hereby incorporated herein by this repentant. The Seller agrees to indemnify and hold the Puncheon Families from all cents all damages suffered by Ne Purchaser m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Nether parry shall assign, transfer, or convey this order, or any ninnies due or to became due hereandn without the prior wrinen consent afthe other party. 10. TITLE. The Seller warrens full, clear and udaniadi tide in the Purchaser for all apripmem, matmahs, and items f 'shed in performance of Nis agreement free and cleat of any end dl liens, msbcti.ns, rnmrii.m. semuity in deem elm ca rand claims ofomers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature ration, from the performance fsuch work. Phis release shall apply even in the event of fault of negligence of the parry released and shall extend m the director, o icav and employees ofsuch party. The Sellers command obligations, including warranty, shall not the domed to be, raluced, in any way, because such work is performed or ramped to be performed by the Purchaer. 14. PATENTS. Whenever the Seller is capital to new any design, device, material or proeess covered by lever, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for immurement by ¢anon of the we of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser I'., any cast, expense or damage which it may Is, obliged to pay by reason of such infringement al any time diving 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 combine infringement and the use of said equipment or pan is enjoined, the Seller shall, at is own expense and at is option, either procmr for the Purchaser rise right to continue using said equipment or pans, replace the same with substantially equal but rmninfringing equipment, or modify it so it becomes noninMnging. 15, INSOLVENCY. If the Seller shall become innocent in, baakmpr, 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 Purchaer without liability. 16. GOVERNING LAW. The definitions oriental mud or the interpretation of the agreement and the rights of all parties hereunder shall be catsuued under and govaoed by the laws afhe Sum of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is m perform work hereunder including the slices of Sellers Represenative(s), an the premises i fothers. 17. SELLERS RESPONSIBILITY. The Seller shall wry, an said work as Sellers over risk until the same is rally completed and accepted, and shall, in e of any accident, desrmaion or injury he the work and/or materials before Sellers real completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When minimal 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 a though such mammals and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own eap rem, provide fir the payment of workers compensation, including occupational diseaas benefits, to its employees employed on or in connection with the work covered by this purchaw order, andsm to their dependens in accordance with rise laws of the sate in which the work is in be done. The Seller shall also tarty comprehensive geneml liability including, but not limited to, commercial and automobile public liability irmumnce with bodily injury, and death limit of at lent 5300,000 for any one person, $500,000 for any umaccident and property damage limit per accident of $400,000. The Seller shall likewise require his mctors, if any, to Provide for such compensation and insurance Before any of the Seller or his contractors employees shall do any work upon the premises of others, the Seller shall f ish the Purchaser with a certificate that such compensation and insurance have been provided. Such certlficams shall specify me dace when such ompenwtion and irsuame have hem provided. Such cenificarn shall specify the date when such compensation and resonance expires. The Seller agrees that such comparison and insurance shall be maintained until after fie entire work is completed and accepral. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rnpomibility and liability for any and all damage, lass or injury ofany kind or nature whensoever to persons or property caused by or resulting from we execution of the work provided for in this purchase aide, or in connection herewith. The Seller will indemnify and bold harmless the Purchase, and any r all of use Purchasers writers, hams and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to Jerson, or property to which the Purchaser may be or or subject by reason of any act, ration, neglect, omission ar default on He pan of the Seller, any of his variations or any of the Sellers or contractors officers, agents or employees. In case eny suit or most proceedings shall be brought agwrst the Purchase, or its oRcem, agents or employees at any time on account of by mom of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or card .lute. agents ear employees as aforesaid, the Seller hereby agrees to assume the defense thereof and ro defend the same at me Sellers now speme, to pay any and all costs, thargn, staomrys fees am other apdmce, My, and all jndgmens chat may he incurred by or obtained against the Purchaser or any of its or their i icers, agents or employees in such suits or other proceedings, and in case judgment car omen lien be placed upon ar obtained against the property a Ne Purchase, or said pandas in or as a result ofsuch 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, fumes, and insult all goaMs necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Beach Act of 1970 and all roles and regulations issued pursued memo. Remised 0312010