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HomeMy WebLinkAbout506811 BW SYSTEMS - PURCHASE ORDER - 3214401Fort Collins Date: 07/24/2014 PURCHASE ORDER Vendor: 506811 BW SYSTEMS 4305 NORTHPARK DR COLORADO SPRINGS CO 80907 PO Number Page 3214401 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/23/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 ANNUAL BLANKET ORDER FOR SECURITY SURVEILLANCE SYSTEM 1 LOT LS AT 117 N MASON, 700 WOOD STREET, SUBSTATIONS, DWRF, MWRF AND WTF 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 50,000.00 Total $50,000.00 Pay terms net 30 days 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local trim. Our Exemption Number is 11. NON WAI V ER. 98-04502. Federal Excise Tax Exemption Cmificate of Registry P 6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the across and waddles hereof, failure or delay to Internal Revenue, Denser, Colorado (Ref. Colorado Revised Smfanes 1973, Chapter 39-26, 114 (a). exercise any rights or remMies provided herein at by law, failure to frowardly =try the Sella in the event of a breach, the acceptance of or payment for goods hrreuder or approval ofthe design, shall not release the Sella of Good Rejected. GOODS REJECTED due to failure to meet specifications, either what shipped or due to defects of any Of the warrdntier or obligations of fis purchase under and shall vat W dinned a waiver of my right of the damage in mssit may be rtmmed to you for credit and are mot to be replaced except upon receipt of wrinen purchaser to insist upon strict Performance thereof or any of its rights or menthes as m any such goods, regardless homuctimes from the City of Fort Collins. of when shipped, maned Or aceptd, as to any prior or sobsryuent default hereunder, rmr shall any purported oral codification or rescission of this purchase order by the Purchaser imam. as a wake, of any of the teat= Inspection. GOODS arc subject o the City of Fon Collins inspection on arival. broad. Fowl Acceptance. Receipt of the merchandise, winners or equipment in response to this order ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aothoriud payment on ,he pan of the City of I. Collins. However, it is to be understood that FINAL Sella and the Purchaser recognise that in annul economic practice, overcharges resulting Four antitrust ACCEPTANCE is dependent upon completion craft applicable replaced inspection procedures. violations are in fact bone by the Purchaser. Theretofore, far good cause and as mrssideration for executing this purchase order, the Seller hereby assigns 10 the Purchaser any and all claims it may now have or hrrtener Freight Terms. Shipments muss be F.O.D., Cary of Fort Collins, IOD Wood St., Pon Collins, CO 80522, unless acquired under Fa l or state antitrust laws for such overcharges relating to the particular goods or services otherwise sped red on this order. If parmoorn as haven to prepay freight and charge acparutely, the original freight purchased or acquired by the Purchaser purs=al to this purchase order. bit] must accompany invoice. Additional charges for packing will or be accepted. 13. PURCHASERS PERFORMANCE OF SELLLRS OBLIGAI'IONS. Shipment Distance. Whommnufl¢mrers have distributing points an various parts of the country, shipment is If be Purchaser directs the Seller,, cored nnnconfomong ordefecfve Goods by a data m be agreed .,no by the expected from the nearer distribution Point to desti=lion, and excess freight will be deducmd from Invoice when Purchaser and foe Seller, and the Seller thereaner indicates its inability or unwillingness m comply. the Purchaser shipments are made from greater distance. may cause the work no be performed by the most expedhious means available in it, and the Solter shall pay all casts associated with such work. Permits. Sella shall procure at sellers sole cost all necessary permits, cemficmes and Irtenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, nu mry or political subdivision where The Seller shalt =lease the Purchaser and its contractor of any tier from all liability and claims of any =lure the work is peefotmd, or required by any other duly consnmted public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller Floor agrees to hold the Cary of Fort Collins harmless fmm and against all liability and loss ncurd by them by reason of an assened or established violation of any such laws, regulations, ordinances, Mrs This release shalt apply even in the event of fault of negligence of the parry released and Shall extend to the and requirements. directors, of cos and employers ofsuch party. Auftirivtion. All panics to this contract agree fat foe representatives are, in fact, hors fide and possess full and complete authority to him said pores. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sun d herds set forth and any supplementary in additao.[ moss and mnddaons annexed hero or formational hacin by reference. Any additio=I or different terms and coddrom proposed by seller am 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. fame is of the essence. Delivery and Performance mus, be effected within the time stated on the purchase order and the documents attached hereto. No ears of the Purchasers including, without limitation, acceptance of pnnial late deliveries, shall operate as a waiver of thus provision. In the event crony delay, ,he Purchaser shall have, in addition to .,her legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hoverer, the Seller shall not be liable for damages as a result ofdclays due to causes nut reasonably foreseeable which are beyond its reusonable control and without its fault ref negligence, such acts ol'God, acts ofcivil or military authorities, govemmetnnl priorities, Fires, strikes, flood, epidemics, wars or riots provided that more 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 he time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by Nis order will conform with applicable drawmgs, spaircations, samples and/or other descriptions given, will be fit for the purposes intended, and performd with the highest degree of care and competence in accordance with accepted standard for work of a collar .face. The Seller agrees m hold the puehaur hammlas from any loss, damage or expense which the Purchaser may suf or incur on account arms Sellers breach of waraaty. The Sella shall replace, repair ea 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 prcribal by law or by the terms ofany applicable warranty provided by the Sella after One date of acceptance of the goods famished hereunder (accrprace not a be waeasowbty delayed), mauling fmm imperfect on defective work done or materials fumished by the Sella. Acceptance or use of good by the Northerner shall not omtimte a waiver of any claim under this morrow, Except as otMrw9se provided an this purchase ardent the Sellers Liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing wamantics or gucuamers, but such liability shall in no event include loss of profits or loss of toe. 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 wnren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal leans, including additions to or delaiwe from the quantities originally ordered in the specifications or dmwings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equlmble of ustmenl shall be made. 6. TERMINATIONS. Ile Purchaser may at any time by written change order, terminate this agreement as to any or all pomons of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provide she, she Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good vindw work, for incidental or consequential damages, and that no such adjo r and be made in favor of the Seiler with respect to any goods which are the Sellers forward stock. No such lamination shall relieve the Purchaser or the Seller ofany of their obligations m to any good delivered hereunder. I. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be examined widow thing (30) days from the date the change or termeation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and f ishd in strict compliance wit all applicable laws and minimum as which the goods arc subject. The Sella shall execute and deliver such documents as may be original in effect or evidence comphance. All laws and regulations pricked] to be Overcrowded in agreements of For cha safer are hereby inmcroramd herein by this reawnce. The Seiler agrees to indemnify and hold the Purchaser hmmless fmm all costs and damages suffered by the Purchaser as a it of foe Sellers failure to comply with such raw. 9. ASSIGNMENT. Neither party shall assign, aware, at convey this ordee or any monies due or In become due hereunder wifounhe prior arrow consent of the other party. IO. TITLE. The Seller warrants full, clear and unrestricted title to foe purchaser for all equipment, materials, and items Finished in performance of this agreement, free and clew of my and all [lens, restrictions, rservatim i. security interest cater wnces and claims of mhrrs. The Sellers contractual obligations, including warmrty, shall not Ire deemed to be reduced, in any way, banner such work is performed or muttd to h Performed by foe Purchaser. 14. PATENTS. Wbenever the Sella is required to use any design, device, mate.] err process rovered by lane,, patent, mdemark or copyright the Sella shall indemnify and save hmmle , foe Purchaser For. any and all claims for mMnge ram by reason of foe use of such pooded design, device, material or process in co=eason with the contract, and shall indemnify the Purchaser far any coat, 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 care said equipment, or any pan thereof or the intended use of the good, is in such suit held to constitute infringement and the use of said quapmenl or part as enjoined, the Seller shall, at its own espense and at its option, either procure for the Palmer foe right to continue using said equipment or pans, replace foe same war substantially equal but nonintringing equipment, or modify d so it becomes noninfringm,. 15. INSOLVENCY. If the Seller shall become insolvent or bunkmpq 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 Pu choser without liability. 16. GOVERNING LAW. The def luessofterms used or he interpretation of the agreement and the rights of all parties hrmunder shall be convinced under and governed by the laws of the Suite of Colorado, USA. The fallowing Additional Conditions apply only in taus where fe Seller is to perform work hereunder, including the services of Sellers Repreunmtive(s), on For premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall efry on said wink at Sellers own risk until the same is fully completed and caceptd, ad shall, azause of any accident destruction or i jury b the work margin oaten ds before Sellers rest completion and ,mance, complete the work in sellers own expense and to the satisfaction of the Purchaser. When materials and equipmenn art famished by others for installation or erection by the Sella. the Sella shall resolve, unload, store and bindle same at foe site curd become responsible therefor as though such materials mid or equipment were being Famished "a, Sella under foe ondes. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefirs, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in recondmac with the laws of the state an 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 Insuevnee with buddy injury and Aall limits of m less, S300,0 0 for any one person, 5500,000 for any one accident and property damage limit per accident of 5400,000. 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 upmi the premises of others, the Seller shall Finnish the Purchaser with a cenifcvte that such compensation and insurance have Even provided. Such certificates shall specify the data when such compensation and insurance have been provided. Such cerificams shall specify foe date when such compensation and insurance expos. Ile Seller agrees that such compensation and insurance shall be maintained until after the ernre work is complete and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the enthe responsibility ad liability for any and all damage, loss or injury ofany kind r.tttce whosoever of persons or property caused by or cesulhrg fmm foe amarrion of On, work provided for in this purchase mda in in connection herewith. The Sella will indemnify and hold harmless fe Purchase and any r all of the Purchasers aRc us, agents and rmployers From and against any and all claims, losses, damages, charges or expenses, whether direct or iMhea, and whether m pease. or property to which the Prechasn may be put or subject by reason of my nor, action arde , omission or default on the pats of foe Sella, any of his contractors, at any of the Scllrrs or contractors officers, ages; or employers. In case any suit or other procedings shall be brought against the Purchaser, in its officers, agents or employers at any time on account or by reason of any act, action, sgla,, omission or default of foe Seiler of ivy of his contractors or any of its or their of rats. agents or employees as aforesaid, the Seller herby arm. to assume the der therof and m defend the same at the Sellers own expemc, to pay any and all costs, charges, wwwrys fees and rfcr, rxpc.. any and all judgments fat may be incurred by or obtained against foe Purchaser or any of its or their officers, agents or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ref the Purchaser. Or said parties in or as a result ofsuch suds or other proceedings, the Sella will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, fumish 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 ales and regulations issued pursuant thereto. Revised 0II2014