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HomeMy WebLinkAbout506811 BW SYSTEMS - PURCHASE ORDER - 9147460City of Fort Collins Date: 12/18/2014 Vendor: 506811 BW SYSTEMS 4305 NORTHPARK DR COLORADO SPRINGS CO 80907 PO Number Page 9147460 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/17/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Security Assessment Multiple Buildings Provide all necessary labor and materials to complete the security camera installation for City Park Pool, Northside Aztlan Community Center, and Mulberry Pool per proposal dated 12/9/14. Contact: Ethan C. 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 1 LOT LS 23,828.26 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. COMMERCIALDBTAIIS. Tax exemptions. By statute the City of Fon Collins is exempt fresh stare and local taxes. Our Exemption Number is 98-04502. Federal Face, Tax Exemption Cmificate of Registry 84-6o0)587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colombo Revised Swtutes 1973. Chapter 39-26,114 (a). Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in cousin, may be trimmed to you for credit and arc not to be replaced except upon receipt of written instructions fmm be City effort Collins. Inspection. GOODS ate subject to the City effort Collins inspectimr on arrival. Final Acceptance. Receipt of the merchandise, services r equipment in resns poe to this order can result in aufonced symbol on me part of the City of Fort Collins. However, it is to be understood butFINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Ford Collins, 7M Wood St., Fan Collins, CO 80522, unless oferesix specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Whom manufacturers have distributing points in various peas of the country, shipment is expected fmm the human distribution point to drstiotion, and excess freight will be deducted from Invoice when shipments on, made from grwter dip.. Permits. Seller shall procure at sellers sale cost all necessary permits, sairiones and licmses desired by all applicable laws, regulations, oNinamea and tales of be state, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public amhori y having jurisdiction over the work of vendor. Seller further ii mes to hold be City of Ford Collins found. from and aSoiner all liability and loss measured by them by reason of an asserted or established violation of any such laws. regulations, oubm nces, rules andrequiremens. Authmizomion. All partial 1, this anchor agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the tams and conditions stated] herein set forth snd any supplementary of additional arms and c rAitiom annexed hereto m incorporated herein by reference. Any additional or different rams and conditions proposed by seller arc objected to and hereby rejmtd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yore promised delivery date or noted Time is of the essence. Delivery and performance most be effected within the time stated on be purchase order and me documents attached hereto.- No no of be Pambattrs including, without limitation, acapmnce official late alchearies, shall operate as is waiver of Nis provision. In the event ofmy delay, be Purchaser shall have, in addition to offer legal and equitable remedies, the option of Placing this order elsewhere and holding the Seller liable for damages. However, be Seller shall not be liable for damages as a repair of delays due to causes not mccombly foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, govemmmal priorities, fires. strikes, flood, epidemics, wars or riots provided that notice of be conditions nosing such delay is given to be Purchaser within five (5) days of no tine when the Sella first rtccivd knowledge thereat. In me event of any such delay. Iha date of delivery shall be extended for be period equal to be time actually lost by nuxn offe delay. 3. WARRANTY. The Sella warrants that ail goods, articles, materials and work covered by this order will conform wit applicable drawings, sperifiatimes. samples desire other descriptions given, will be tit for be purposes intended, and Performed with the highest degree of core and compnena in accordance with accepted standards fur work of a similar room. The Seller agrees to hold me purchaser hannleu fmm ray lop, damage or expects, which the Pumbeser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replete, repair or make good, without cost to the purchaser, any defects or fauns raising wihin one (1) year or within such longer period of time u maybe presented] by law or by me math dary applicable warranty provided by the Seller after the dam of acceptance of the goods fumiNed hereunder (acceptance not to be unruanrably delayed), resulting from imperfect or defective work dotre m materials fum qmJ by be Sella. Acceptance or the of goods by be Parchaxr shall not conestione a waiver ofmy claim under this warranty. Except as otherwise provided in this purchase oMer, be Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties to guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes w legal tends by women change coder. 5. CHANGES IN COMMERCIAL TERMS. The Pomhaser may make uny changes to the temw, other than legal mans, including additions to or ddmiens from be quantities originally ordered in Line specifiulimss or drawings, by verbal or written change order. If any such change affects the amount due or the time afMrf baeneda, an egditsble djusmem shall be made. 6. TERMINATIONS. The Pucbaaser may t any time by written change order, timlinam this agreement as to any or all portirm of the goods fen not shipped, subject to any equitable adjustment between the Parties as to any work or materials then in progress provided that be Purchaser shall not be liable for any claims for anticipated profits on be uncompleted portion offe goods odror work, for imidental or motyuential damages. arm but no such adjustment be mnde in favor of me Seller with respect to any goods which sm be Sellers zumdard stock. No ouch mrmination shall relieve the Purchaser or the Seller ofoy of their obligations as to any gods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for sdjmstmrat most be asserted within thirty (30) days bons the data the change in saturation is ordered. S. COMPLIANCE WITH LAW. The Seller warrens Real all goods sold hereunder shall have been produced, said, delivered and fum¢hed in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement, of this character are haeby inci rprotd herein by this reference. The Seller agrees Ir indemnify and hold be Parishioner handless from all costs and damages suffered by me purchase, u a result of tie Sellers failure to comply wins such law. 9. ASSIGNMENT. Neither parry shall resign, toufer, or convey this after, or any monies due or to become due hereunder without the 'thin wrinrn moment offe ame, Ferry. 10. TITLE. The Sella warms full, clear and trich d title to be Purchaser for all equipment, materials, and items famished in performance of this agreement free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims ofofers. 11. NONWAIVER. Failure of the Producer to iuin upon tone, pMormanee of the terms and conditions hereof, failure or delay w any rights remedies provided heroin or by law, failure on promptly notify the Sella in the event ofts breach, or acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist mind mind 'i farm ass, broad or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior in subsequent default hereunder, nor shall my purported oral modification or rexissio s of Nis porehase urda by the Purchaser operate u a waiver of my of the lams favor. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Pumhaxr recognize Nat in actual economic practice overcharges resulting from antitrust violations arc in fact home by the Purchases. Theremfore, frr good cause and as consideration for executing this purchase order, me Seller hereby assigns to the limitations any end all claims it may now have or hereaffr acquired under fderdl or some notilrast laws fur such overcharges relating to be particular good as services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If be Purchaser directs me Seller to correct nonconforming or defective goods by a date to be agreed upon by the purchaser, and be Sella, and be Seller thereafter indicates its nobility or wwillingness rr comply. the putchasa may ulhe the weak ran be paflostud by the most expeditious mono available to it, and be Seller shall pay all casts associatM wif such weak. Ile Seller shall release the Purchaser end its contractors of any tier bons all liability and claims of any mothe resulting fmm the performance of such work. This rticax &ball apply even in be event of fault of negligence of me pony released and shall extend m be directors, officers and employees ofsuch party. The Sellers contractual obligations, including warranty, shall not be deemd to be reduced, in any way, because such work is performed or caused to be performed by be Purchaer. 14. PATENTS. Whenever be Sella is required to sex any design, device, material or press covered by letter, putent hadmar k or copyright, be Seller shall indemnify and save tombless the Forebear from any and all claims for infn-ngemem by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during be prosecution or slla me completion of me work, In case said equipment, or any pan Oxreo' or me intended use of me gook, u in such suit held to constitute infringement and the use of said equipment or pan is captioned, me Sella shall, at its own expense and at its option, either procure for the Pumbaer the right m continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it to it becomes reconfnging. 15. INSOLVENCY. If be Seller shall become insolvent or hookups, make an assignment for the benefit of auditors, appoint e or trustee far say of the Sellers property or business, this order may forthwif be unceld by the Purchaser without liability. to. GOVERNING LAW. The definitions oftems usd or the interpretation of the agreement and be rights of all panic hereunder shall be outrued under and governed by fie laws rfthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the scrvirce of Sellers Repres mbitive(s), on be premises ofothers. IZ SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk .,it the same is fully completed and accepted, and shall, x of any accident dumscfw or injury to be work We, matmats bet Sellers final completion end socapearce, complete be work at Sellers own expense and to the safsfnsion of the Purchases. When materials and equipment sm f ishd by others for installation or creation by the Seller, me Seller shall receive, unload, store and handle same at the site and became responsible therefor ss though such materials and/or equipment were being furnished by the Seller under the order. 18. mSURANCE. The Seller shall, at his own expense, previde far the paymrnl of workers compensation, including cau,mirnal disease benefits, m its employees employed oa or in connection with be weak covered by this Purchase order, and/or to their dependents in mandance with the laws of the sole in which the work is to be done. The Seller shall also caery comp¢hensive 6enetal liability including, but not limited m, contractual and automobile public liability insurance with bodily injury and beam limits of at least $300,000 for my one person, $500,000 for any com accident and property damage limit per accident of S400,0(0. The Sella shall likewise require his contractors, if my, to provide for such compensation ad iuurana. Before any offe Sellers or his c ntonars employees shall do any work upon the prtmises of ochers, the Sena shag famish the Purchaser with a adieux that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenincmes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is eamilletd and acceprd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property touted 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 employes from and against my and all claims, losses, damages, charges an exp,ma, , whnha direct or idirat and sebnher to persons or property to which be Parehmer may be par or subject by roan of any tat action, neglect, omission an default on tbe Pan of dou Seller, any of his contractors, or my of tie Sellers or contractors oRcal. agenh or employees. In cue any suit or offer pmeredinge shall be brought against the Purchaser, in its r Rees , agents or employees at any time on account in by reason of my act action, neglect, omission or default of the Seller of any of his contractors or my of its or Limit office.. agents an employees as aforesaid the Sella haeby agree to assume the defense thereof and to defnd the same at de 5,11. own expends, to pay any and It cost, charges, etwmays far and other espemes, my and all judgmeas that may be incurred by on obtained against the Purchaser as arry of its or then officers, agents or employees in such uric or other proceedings. and in case judgment in other him be placed upon or obtained against the property of the Purchase, or said panics in or as a result of such suits or other proceedings, me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comments shall take all safety precautions, furnish and install all games necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, de Occupational Safety and Health Act of 1970 mM all tales and regulations issued pursuant threw. Revised 01R014