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HomeMy WebLinkAbout494784 SERVITECH INC - PURCHASE ORDER - 9142076Fort Collins Date: 04/11/2014 PURCHASE ORDER PO Number Page 9142076 1of2 This number must appear on all invoices, packing slips and labels. Vendor: 494784 Ship To: WATER TREATMENT PLANT #2 SERVITECH INC CITY OF FORT COLLINS PO BOX 371482 4316 W LAPORTE AVE DENVER CO 80237 FORT COLLINS CO 80521 Delivery Date: 04/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price AXIS Q6045-E 1 LOT LS 20,447.00 Security cameras 7 UNITS @ $2,921.00 / EA PER QUOTE # 14-921-01; DATED 4/1/2014 SHIPPING INCLUDED IN PRICE. EMAIL PO TO WAYNE CALDERONE AT wayne.calderone@servitechinc.com ;;:ice-Jj;�.� 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@fogov.com 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. COMMERCIALDEfA1LS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local faxes. Our Exemption Number is H- NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry Bq_6000587 is ¢gisfend with the Collector of Failure of the purchaser to insist upon strict push ..am of the ,ems and codific m hereof, failure or delay to Internal Revenue, Ounces, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (ac exercise my nghts or remedies providd herein or by law, failum to promptly notify the Sella in the event of a breach, the accepmra'e afar payment for goods hereunder or approval ofthe design, shall not release the Sella of Goads Rejected. GOODS REJECTED due to failure m meet spocifrations, either when shipped or due to defeats of MY of den warmntis or obligations of this purchase order and shall not be domed is waiver of my nght of the damage th trmssit, may be returned m you for credit and are fool W be replaced except upon receipt or wrinew purchaser to mail, upon strict perfiW mm hereof., any of iu rights or ounedies as to my such goods, regardless instructions from the City ofFort Collins. of when shipped, renewed or accepted, as to any prim or ming neat default hereunder, rear shall any purported oral mobfirmo t or rescission of this purchase order by the Purchaser opcmte as a waiver of My of the from Inspection GOODS art subject m the City of Fon Collins inspection on arrival. h.E Final Acceptance. Receipt or the merchandise, services or aryipment in response to this order can =oil in IZ ASSIGNMENT OF ANTITRUST CLAIMS. informed payment on the pan of the City of Fair Collins. However, it is to te understood that FINAL Seller and the Punctuates waowee tom in actual ecmomic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable w uifd inspection procedures. violations are in fact home by the Purchase. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Pumhaer my and all claims it may now have or hereafter Freight Tears. Shipments must be F.O.B., City of Fort Collins, 700 Wood SL, Fiat Collins, CO 80522, unless acquired under fdeml or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pctmission is given to prepay freight and charge separately, the migin l freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the cautery, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments ore made from greater distance. Permits. Seller shall procom at sellers sole cost ail necessary permits, cenifcates and licenses required by all applicable laws, regulmions, ordinances and rules ofthe star, municipally, tertiary or polhical subdivision where the work is perfumed, or required by any other duly constituted public authority havingjumvliction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by ,soon of an asserted or established violation of any such laws, regulation, ordinances, sales and requirements. Authorisation. All ponies to this contract agree that the rtpresenmtires are, in fact, firm fide and poses, full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and codni.ns stated herein sel forth and any supplementary or additional tears and coditiam annexed hereto or incorporated herein by reference. Any additional or diffemnnerms and conditions pmpssd by slier are objected as and hereby mejmed. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout ramot make complete shipment o arrive on your promised delivery date as noted. Time is of the tsars. Delivery and Performance must be effected within the time sated on Om purchase order and the documents attached hereto. No ace of the Purchasers including, without limitation, acceptance of partial late delivedo, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal ad equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damage. However, the Seller abill not be liable For damages m 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, acre ofcivil or military authorities, governmental pdondes, fires, strikes, frond, epidemics, wan or rims provided that notice of the conditions causing such delay is given to use Pmchvser within rive (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 last by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work coverd by this order will conform with applicable drawings, specifications, samples ampor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accrdance with acttpted standards fur work of a similar nature. The Seller agrees to bald the purchaser harmless from my loss, damage or expense which the Purchaser may softer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make gad, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time ss may be presented by law or by the terms of my applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not W be unreasonably delayed), resulting from imperfxt or detective work done or materials Nmished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, use Sellers liability fact shall extend to all damages proximately cousd by the breach of My of the foregoing war urnee or ntmx but such liability shall in no event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Purchaser may make changes W legal temm by women change order. S. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the mans, other than legal testes, including addiriom to or deletions from the quantities originally antlered in the specifications or drawings, by verbal or within change order. If my such change affects We amount due or the time rfperlomance hereunder, an equitable adjustmenl shall be made. 6. TERMINATIONS. The Purchase, may at any time by wrimin change ender temlmm this agreement as to any or all p.niom of the goods Wen not shipped, subject to my equitable adjmtment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticiyted profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that net such adjustment be made in favor ofthe Seller with respect to any goads which are the Sellers standard slock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations m to any goods delivered hereunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or mnninnim 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 arc subject. The Sella shall execute and deliver such documents as maybe required to effect or evidenm compliance. All laws and mgulmions required to be nco,mad in egrecmcnts of this character are hereby incorporated herein by this reference. The Seller agrees in iadenmiy ad hold the Purchaser bamrless f all costs and Manags suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this older, or my monirs due or to become due hereunder without the 'nor wrinrn.1 of the other parry. 10. TITLE. The Seller wamnus full, clan and umstncted file to the lumberer far all expmipmmy mmenzB, sod items famished in Performance of this agrecmcm, f and clear of my and all liem, currencies. reservations, seunty interest encumbrames and claims of Mims. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coma nonconforming or deRdive goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its innbiliy ur 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 casts associated] with such work. The Seiler shall release the Purchaser and its contractors of any her from all liability and claims of any more resulting from the pedbtmance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, oRcers ad employtts of such party. The Sellers contractual obligations, including wormay, shall not be domed to be reduced, Or any way, because such work is paroodad or caused to be peformd by the Purchaser. Ice. PATENTS. Whenever rise Seller is required to use my design, device, material or process covered by letter, patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by frown of the tow, of such patented design, device, material in process in connection with the contract, ad shall indemnify the Purchaser for my cost, expense Or damage which it maybe obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, m any pan Hereof or the intrndd use of the good, is in such suit held to constitute infringement and the we of said equipmant or pan is enjoined, the Seller shall, at its own espema and at its option, either procure for the Purchaser the right to continue using said equipment or parts, septum the same with substantially equal but naminfninging equipment, or mdiy it so it tecama noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baNrmpt, make an assignment for the bereft of creditors, appoint a receiver or trustee for my of the Sellers property, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LA W. The definitions oftetms used or the imerpremfion of the agreement and the fights of all parties hereunder shall be constmed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases when the Seller is to perform work hereunder, including the services of Sellers Repose dative(,), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's 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 ad areepWnce, complete the work at Sellers own expense and to the satisfaction ofthe purchaser. What materials and equipment art famished by others for installation or erection by elm Seller, the Seller shall receive, uwoad, store end handle same at the site and became responsible therefor as though such materials andsm equipment were being( isbd by the Seller under the Max, 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers ormpnwtim. including om,so oral disease benefits, to its employees employed on or in comectirn with Joe work covets by this purchase order, sea t to Weu depedents in accordance with the laws of the slate in which use work is to be dare. The Seller shall also carry comprehensive general limiliy including. but not limited m, contrarmal Will automobile public liability i earnnce with bodily injmy and death limits of at least $300,000 far my one person, S500,000 for my accident and property damage limit per accident of S000,000. The Seller shall likewise fix to his contractors, if any, m pfmdde for such compensation and immorce. Before my of the Sellers or his commctors employees shall do any work upon the premises of others, the Seller shall fourth the Purchaser with o uenifcate that such compensation and insurance have been provided Such cmifcaes shall specify the date when such compensation and insurance have been provided. Such cenifcates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and ins ourem shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to perom 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 r 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 property to which the Purchaser may be put or subject by reason of My act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors offerers, agents or employees. In case any suit Or other proceedings shall be brought against the purchmm or its officers, agents or employers at any rime on account or by reason of my act action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents m employes res aforesaid, the Seller hereby agrees to mnmre the defense thermf and to defend the same at the Sellers own expense, to coy my anal all costs, charges, attorneys fans and other expenses, My and ell judMM. that maybe incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other poweaska,, and in . judgmun, or other rim be placed upon Or obtained again,, the property, of the Purchaser, or said panic in or s a.1, of such suits m other proceedings, the Seller will at mm cause the same to be dissolved ad disehmgd by giving band or adrenwise. The Seller and his contractors &FOR rake all safety precautions, fumish and install all guards nassary for the prevermom of accidents, comply with all laws and regulations with regard an safety including, but without Bottom , the Ormpatimal Safety and Health Act of 1970 and all rules and negotiations issued pursuam Werem. Revised 032010