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HomeMy WebLinkAbout355055 ALARMSPECIALISTS INC - PURCHASE ORDER - 9147455PO PURCHASE ORDER 9147455 Page C117f of PURCHASE 47455 t of 2 ' `tCollins/ This number must appear ` v J on all invoices, packing sli s and labels. Date: 12/18/2014 Vendor: 355055 ALARMSPECIALISTS INC 8081 E ORCHARD ROAD SUITE 175 GREENWOOD VILLAGE CO 80111 Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/17/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Project #178 1 LOT LS 20,018.00 Provide all necessary labor & materials to provide push button alarms, strobes, etc. per proposals. Contact: Ethan C. Dh# 970-221-6273 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 $20,018.00 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. COMMERCIALDETAILS. Tax exemption. By statute Nc City of Fan Collin is exempt from score and local nixes. Our Exemption Number is I I. NON WAIVER. 984A502. Feseral Excise Tax Exemption Certificate of Registry 84-6000587 is repsoci l with the Critical, of Failure of the PrercM1agr Ig mist upon strict perfortmunue of the term and cmdition hereof, failure or delay as Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 of. exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a breach, the mcepme, of or payment for good hereunder or approval of the design, shall not relive the Seller of Goods Related. GOODS REJECTED due to failure to meet specifications, either when shipped or due an defects of any of the warranties or obligations of this purchase order and shall nor be deemed a waiver of any tight of the damage in m nsit, may be renamed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon stela performance hereof or any of its rights or remedies as to any such goads, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, in to any prior or subsequent default hereunder, nor shall my putponed most modification or resciss. of this purehau older by Ne Purchaser, operate as a waiver of any of the roue Inpietion. GOODS are subject m the City of Fall Collin Inpmtion an arrival. herto[ Firm] Acceptance. Receipt of the merchandise, services or equipment in respong to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan 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 of all applicable required donation procedures. violation are in fact home by the Purchaser. Theretofore, for goad cause and as consideration for executing this purchase order, the Seller hereby noign to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be TOM, City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antioust laws for such ovcmharges relating to the particular goods or services otherxise specified Or Nis owesif pmnissim is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pur cant of this Purchase older. bill must accompany invoice. Additional charges for packing will not be accepted. Ift PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Distance. SVheremanutionPi have is extss various p;ms of the nmry,voice ecuthe Seller de&divegoods byadam to be on Per w expected from the nearest distribution (mint to destitution, and excess freight will be deductes from Invoice when expected destinbuni, and ductal amteer comply, the Purchaser indicates its inability or to comply, the Purchaser ells, thereafter indicates its Purchaser ad the Shceq and the Sellery shipments are made from greater distance. available 1. at, shall performed by the most expedition mean available to it, and the Seller shall pay all may cause the work d,, nm Pay 11 s h costs assocutes wild smM1 work. Permia. Seller shall at sellers sole con all permits, cenifiwry and license quirtd all atoare eecesury w applicable laws, regulations, ordinances and rules sum, territory or political subdivision where The Seller shall the and its contractors of any tier from all liability and claims of my nature duly d public authority over the work idby July theworkis performed,or requires Cole) publiclas s, Of resulting from the performance of such work. a Flamingos, to.yhavingainstdion hold the Fort Collins harmless and again[ all liability and l vendor. Seller fuller agrees to hold the City of las hed such in reed them by reason of an asserted or established violation of any sucM1 laws, regulations, owimnces, roles This release shall apply even in the event of fault of negligence of the pony released and shall extend to the in all requirements. dircemrs, officers and employres of such parry. Authorization, All panics to this contract agree that the -prosecuting, am, in fact, bona fide and possess fall and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Owm expressly limits acceptance to the temps and mnd'hwel sated herein set forth and any supplementary or additional terms and condition annexed hereto or incoryomted herein by reference. Any additional or different muss and condition proposed by seller ere objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time &wait on the purchase offer and the documents attached hereto. No acts of the Purchners including, without limitation, acceptance of partial lam deliveries, alter[] Woman, us a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and quitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Seller dull Out be liable for damages as a result of delays due to causes not maximally foreseeable which am beyond its reasonable mntml and without its fault ofaugligence, such acts olOod, acts orcivil o, military authorities, governmental prionfies, fires, strikes, flood, epidemics, was or mots provided that notice of the conditions causing such delay is given to the Purchner within five (5) days of the time when the Seller firsr received knowledge thereof. In the event of my such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants Out all good, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit for the puryoses intended, and perforated with the highest degree of care and competence in accordance with rear ed standards for work of a similar nature. The Seller agar to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur an account ofNe Sellers breach of wammry. The Seller shall rcplam, repair or make good, without cat in the purchamr, any defects or faults arising within one (1) year an within such longer period of time n may be presctibed by law or by the memo ofery applicable warrmry provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not to be magagmbly delayed), resulting from imperfect or defective work done or materials Perished by mho Seller. Acceptance or use Of goods by rM1e Purchaser shall not omtitumc a waiver of any claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers liability be¢uader shall estrand coo all damages proximamly caused by the breach of any of the foregoing warranties or guarantees. but such liability shall in no event include lass of profits or loss of am NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. Ile Purchaser may make change to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Punhx— may make my eesnges m me meaner. after Nan legal ,emu, including addoem, no m deletions from Of quantities originally ordered in are specification or drawings, by verbal or writers change older. If my such lunge aRecu the amount due or the time of performance hereunder, im gmoOk, adj..-, shall he made. 6. TERMINATIONS. The Purchner may 51 any lime by written change order, marriage Nis agreement n to eery or all portions of the goad then not shipped, subject to my equitable glummest between Of parties as many work or materials then in progress provided that the Purchaser shall not be liable for my claims for mmicipated profits on Ill uncompleted Portion of the goods andmor wnrk, for incidental or cnnsaluential damages and Nat no such adjustment be made in favor of the Seller with respect to any good which ate the Sellers standard stock. No such termination shall relieve ,be Purchaser or tire Seller army ofiber, obligations as to my goods delivered heremader. J. CLAIMS FOR ADJUSTMENT. Any claim for adjusmmmt most be acsened within flurry (30) days from Of dame the change or autonomous is offered. 8. COMPLIANCE WITH LAW. The Seller summits that all goods sold hereunder shall have been produced, sold, delivered and tumbled in snip ompliance with all applicable laws and regulations m which the good are subject. Ile Seller shall execute and deliver such documents as may be mryires to effect Or evidence compliance. An laws and radiation tgnirM to be inaVoated in agreements of this chaacta are hereby incorporated herein by this refere rm. The Seller agrees to indemnify and hold Oe Parching, harmless from all cons and damages suffered by the Purchaser n a result of ffe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this owe, or my monies due or to became due hermnder without the prior written conmt of the offer parry. 10. TITLE. The Seller warnings full, clear and Innestnaed ride to the Purchaser far all quipmem, maenads, and it. fumished in perfonmrm of this agreement, free and dear of my end all lien, restrictions, reservalom, security interest encumbrances and rights ifichem The Sellers contractual obligations, including womanly, shall not be domed to be reduced, in eery way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. softness, the Seller is quires to use any design, device, material or process covered by later, patent trademark at copyright, Or Seller shall indemnify and save harmless the purchaser from any all all claims for mfnngement by reason of Om use of each poured design, device, material or process in comet ion with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pm thereof or the intended ere Of the goods, is in such suit held In constitute infringement and the use of said equipment or pan is enjoined, the Seller shell, at its awn expense and at its option, either procure for the Purchaser the right b continue using said equipment Or pans, replace dre same with substantially equal but mushro %ing equipment, or modify it so it becomes,mninGnging. I S. INSOLVENCY. If the Seller shall become insolvent or b ink pL make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmpeny or business, this order may forthwith be canceled by the Purchaser witlwut liability. 16. GOVERNING LAW. The definition of terms osed or the interpretation of Bar agreement and the rights of all panics harermMer shall be conoued under and governed by the laws ofNe Sum of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the services of Sellers Repregnutive(s), on the ptcmises of ahrn, I). SELLERS RESPONSIBILITY. The Seller shall carry on said work at Settees own risk until the same is fully compleed and accepted, ad shall, in case of any accident, destruction or injury to the work andtor materials bet Shcds final compleion and acceptance, complete the work at Seller's own expense end or flue satisfaction of th, Purchaser. When materials all equipment rare fumiahed by others for installation or treed. by the Seller, the Seller shall receive, unload, store mad handle same at the site seed become responsible therefor n though such materials anNor equipment were being fumished by the Seller under the Order. 18. INSURANCE. The Seller shall, at his mom expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work cave d by this purchase order, am or to their dependents in accordance wild the laws of the sure in which the work is to be done. The Seller shall also cam,e comprehensive general liability outraging. but ram limited or, mntn dual aal mmmobile Public Liability immense with beadily injury and death limits of al least S30j,000 for my one person, S500,000 for any one accident mJ properly damage limb per accident of S400,000. The Seller shall likewise quire his ontactors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifcae Oat such compensation and insurance have been provided. Such certificates shut] specify the date when such eopation and insurance have been provided. Such ceni0emes shall specify der date when suw b cnmpetion nd insurance expires. The Sena agrees Nat such compensation all inumnee shun 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 mime whatsoever to person or property caused by or rg,uhing from the execution ofthe work provided for in this purchase order or in connection berewob. The Seller will indemnify and hold harmless ffe Pa,chasa and any or all of ffe Pu shag. efforts, agents and employas from and almost any and all claims, loan, damages, changes, or ,xpentem. whether, direct or indium, aed whether Ig person or pmpeny an which the Purchner may be put or subject by reawn of any act, action, implied, ominim or default on ffe pan of the Seller, any of his ontr4cton, or any of the Sellers Or contractors officers, agents or employees. In me any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account o, by reason of my rot, a deers, neglect, omission or default of the Seller of any of his contractors or any of its or Neu officars, norms or employees n aforesaid, the Sella hereby, agrees to assume Of, defeose thereof and to defend the same at the Sellers own expense, coo Pay my all all cases, chores, attorneys far and other expenses, any and all judgments that may be incurred by or obtained against Of Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said pasties in or n a result of such suits or other proceedings, Bit, 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, famish put rmull all guard necessary for the preventing of aecider, , comply with all laws and regulation with regard to safety including, but without housing. Of Occupational Safety and Heal) Act of 1970 and all ales and regulation issued Paramount fferero. Revised 01I2014