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HomeMy WebLinkAbout506811 BW SYSTEMS - PURCHASE ORDER - 9140972 (2)PURCHASE ORDER PO Number Page City. of///���►►►OI Collins ns 9140972 + of 2 t ( v This number must appear " on all invoices, packing sli s and labels. Date: 08/1112014 Vendor: 506811 BW SYSTEMS 4305 NORTHPARK DR COLORADO SPRINGS CO 80907 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 02/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Senior Center Expansion 1 LOT EA 2,109.06 Change Order 1 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 Total Pay terms net 30 days Invoice Address: 109.06 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAILS. Tax exempdoes. By statute the City arrant Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Deaver, Colamdo (Bar Colorado Revised Sources 1973. Chapter 39-26. 114 (a). Grmd Rejected GOODS RFJECI'ED due to failure to meet spcmi citations, either when shipped or due to defects of damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fun Collins. Inspection. GOODS are subject to no City of Fan Collins inspection on arrival. Find Acceptance. Receipt of chat memlwdise, se or eryipmem in onporse to this order can main in authorized payment on the pat of the City of Too Collins. However, it is to be understood Nat FINAL ACCEPTANCE is dependent upon completion ofall applicable reauired inspection procedures. Freight Terms. Shipman. must be FO.B., City of Fun Collins, 700 Word St, Fort Collins, CO 80522, ..it. ,herwise specified on his order. If pecollision is given to prepay beight and charge separately, the original freight hill must accomm r, invoice. Additional charms, for nackine will not be accented. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to denlmtlon, and excess freight will he deducted from Invoice whom shipments are made from greater distance. Permits. Seller shall procure to sellers sole as, all necessary permits, renificma and tic. required by all applicable laws, regulations, in inum. and toles offire ..It, municipality, cani,ory or Political subdivision where the work is perforated, or tenons! by any other duly mmtitutcd public authority havingjunsdiction over the work of vbodar. Seller fuller agrees to hold the City of Fort Collins hcmlms from and against all liability and lass incurred by them by reason of on ossened of established violmtmr of any such laws, regulations, ordinances, toles and requirement. Authorization. All parties to this cunlnt, agree that the reprcmntolives are, in Pact, bona fide and possess fill and complete authority to bind said porties. LIMITATION OF TERMS. This Purchase Omer expressly limit acceptance to the terms and conditions sated herein set forth and any supplementary or additional terns and conditions annexed hereto or unaccounted herein by ref rime. Any additioal or i iReent terms and conditions proposed by seller are objgc,,d to and hereby rejected. 2. DELIVERY_ PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your promised delivery dam as noted. Time is of the essence. 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 teal Irate deliveries, shall operate as a waiver ofthis provision. In the event crony 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 fr damages. However, the Seller shall not be liable for damages as a result of delays due to muses not reassembly foreseeable which are beyond it reasonable control and without its fault of negligence, such ct of God, ace of civil or mil'nary marectim governmental priorities, fires, slakes, 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 End received knowledge thereof. In the event of my such delay, the date of delivery shall W extended for the period equal to the time actually lost by crown of the delay. 3. WARRANTY. The Seller warrants chat all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications. samples andror 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 fir work of a 'collar Marc. The Seller agrees to hold the purchaser hamdess from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Sella, shall replace, repair or make good, without cost to the purchaser, any defects or faults mixing within one (1) year or within such longer period of time as may be prescribed by law or by the rem¢ of any applicable warranty provided by the Seller after the data of acceptance of the goods frmishal Maxima a (accepr ove not to be uncrawmbly delayed), resulting from imperfect or defective sea& done or materials fumhhed by the Seller. Acceptance or use of goods by the Purchaser at not co atimte a waiver of any claim under this womanly. Except as otherwise provided in this purchase order the Sellers liability hecruMer shall extent m all damages proximately caused by the beach of my of the foregoing warranties m guaremees, but such liability shall in no tent include loss ofprofi,s or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal it— by written change order. 5. CHANGES IN COMMERCIAL, TERMS. The Purchaser may make any charges to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or semen change order. If any such change affects the amount due or the time of performance hereunder, as egpiable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at my time by written change order ¢tmiwtc'his agreetnem as to any or all Pearson of,h, goods then not shipped, subject to any hquitable adjutment between the panic as to my work or materials then m progress provided chat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or crosix ratial damages, and chat no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such mrmican on shall relieve the Purchaser or the Seller of any of their obligations as to any gads delivered hereunder. y. CLAIMS FOR ADIUSTM ENT. Any claim for adjustment most be ovenced within thirty (30) days from the date the change or termination is omeml. 8. COMPLIANCE WITH LAW. The Seller reamant that all goods sold hereunder shill hoe been produced, said, delwand all fumithed or stun compliance with all applicable laws and smulariom to which the good arc subject The Seller shill execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations refined to be incorporated in agreements of this character are hereby incriminated herein by this reference. The Seller agrees an indemnify and hold the Purchaser hamdess 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 my monies due or to become due hereunder without the prior written convent ofthe other party. IO.TITLE. The Seller warmnes full, clear and uncrsmided title in the Purchaser for all equipment, materials, Marc it. f fished in performance of this agreement feet and clam of any and all Item, ceslricdo a, rewraatirm, gravity interest encumbrances and claims ofothers. I L NONWAIVER. Failure of the Purchaser to insist upon stria peformmre of the terms and conditions hereof, failure or delay to exercisarights or remedies provided herein or by law, failure m promptly notify the Seller in the event of a breach, ny the acceptance arm payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warmmies or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereaf or any of its rights or remedies as to any such goods, mpngess of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pumoned oral modification or rescission of this purchase order by the Purchaser operate as o waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Fault., recognize that in actual economic pra<da, mereherges resulting from ammust violations arc in fact home by the Purchaser. Theremfom, for good cause and as consideration for executing this purchase order, the Seller hemby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or suite mtimen laws for such overcharges relating to the pvtioular goods or services purchased or acquired by the Purchaser pursuanuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBI.IGAI'IONS. It the Purch em, direr. he Scratch cone, nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and che Seller thereafter indicates its inability or unwillingness to comply, me Purchaser may cause the work m be pcaformed by the most expeditious means available to it, and the Seller shall pry all cosms associated with such work. The Sella, shall raters, the Purchaser and its commaors of any net from all liability and claims of any metre resulting franc the performance ofsuch work. This ralaae shall apply even in the event of fault of negligence of the pony released and shall extend ro the directors, officers and employees of such party. The Shcer's wnnuon it obligations, including warranty, shall not be deemed to Ito reduced, in any way, becarm such work is performed or mused to be perfamral by the Purchaser. 14, PATENTS. WTenever'he Seller is amount to use any design, device, motenal or process covered by latter patent, oadermrk or copyright, the Seller and indemnify and save homeless the Purchase, firm any read all claims for inf r,morem by learn of the use of such parented design, de, ice, moterial to p.. in ronneclion with the toms,, and shall indemnify the purchaser for any cost, expense or damage which it may be obliged in pay by mown of such infringement at any time during the prosecution or after the completion of the work. In case said minimum, or any an thereof or the intended use of the goods, is in such suit held to comamm 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 nuourchinging equipment, or modify h so it becomes nrninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt, make an stomaching far the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or bmirow, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dcfinitiom oftenm used or the interpretation orche agreement and me rights of all panics hereuMer shall be command under and governed by the laws ofthe Sure of Colamdo,USA. The following Additional Conditions apply only in cases where he 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. to re of any accident, destruction or injury to she work vc mmensts before Sellers final completion and cceptmce, complete the work at Sellers own expense and m the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall chemise. unload, store and handle same at the site and become tapomible therefor as though such materials andtm ry.i,mmt were being fumishad by the Seller undercut order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of a arkers compensation, including occupational disease banefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limimd to, commetual and automobile public liability insurance with Wily injury and death limits afar least 900,000 for any one person, $500,000 for any one incident and property damage limit per accident of 5400,000. The Seller shall likewise require his rnmracons, if any, to provide for such compensation all imamate. Before any of the Sellers or his contractor employees shall do any work upon the premixes of orders, the Seller shall famish the Purchaser with is certificate chat such compensation and insurance have been provided. Such etdifcaus shall specify the date when such compensation and insurance have been provided. Such anificams shall specify the date when such compemmim and insurance expires. The Seller agrees chat such compensation and insurance shall be noncurrent mail after the entire work is completed and incepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and tribal try 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 of the work provided far 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 my and all claims, losses, damages, charges or expeama, whether direct or indirect, and whether to persons or property to which the purchaser may W put or subject by macron of any tot, action, region, omission or default on the pan of the Seller, any of h6 exmosemrs, or any of the Sellers re commcters officers, ,genes or employees. In case any suit or mair proceedings shall he brought against the Purchaser, we its officer, agents re employees m any time m account or by reason of any act, action, neglwt omission or default of the Seller of any of his mntcactors or any of its ar 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 my and all cost, charges, mmmeys fees and other expenses, my and all judgments chat may be incurred by or obtained against the Purchaser or any of its or their officers, agent or employees in such sours or other proceedings, and in case judgment or other lien be placed upon or obtained against he property of the purchaser, or said Lomas in or to a result of such acres or other proceedings, the Seller will of once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and imull all guards necessary for the prevention of accidents, comply with all laws and mgulatiom with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all toles and regulanom issued pursuant tharem. Revised WR014