HomeMy WebLinkAbout249874 SIEMENS BUILDING TECHNOLOGIES INC - PURCHASE ORDER - 3215263PURCHASE ORDER PO Number Page
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Date: 01/12/2015
Vendor: 249874 Ship To: WATER UTILITIES
SIEMENS BUILDING TECHNOLOGIES INC CITY OF FORT COLLINS
7810 SHAFFER PKWY #100 700 WOOD ST
LITTLETON CO 80127 FORT COLLINS CO 80521
Delivery Date: 01/12/2015 Buyer: PAT JOHNSON
Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS
AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR.
DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE
TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES.
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Blanket Order
Safety supplies
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
7,000.00
Total
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 Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-0a502. Federal Excise Tax Exemption Cer ifine of Registry 86-6000597 is registered with the Collector of
Integral Revenue, Denver, Colorado (Ref. Colorado Revised Stmutes 1973. Chapter 39-26, 114 (a).
Cords Rejected. GOODS REIECTED due to failure to meet spedficauons, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of moron
instructions from the City of Too Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on wrival.
Final Acceptance. Receipt of the merchandise, services or equipment in response to Nis order can result in
audwnttd payment on The pan of me City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terms. Shipments must be F.0 B., City of Too Collins, 70) Wood St, Fog Collins, CO 90522, unless
otherwise specified on This order. If permission is given to prepay freight and charge separately, the original freight
bill most =company invoice. Additional charges for packing will rot be accepted.
Shipment Distance. Where manufacturers have distributing point is anus Pam of The comp, shipment is
expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permit. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses regeared by all
applicable laws, regulations, ordinances and roes of rise suns, muocyti iy, territory, or political subdivision where
the work is Performed, or required by any other duly cominted public authority having jurisdiction over The work
of smile, Seller fuller agrees to hold The City of Fog Collins harmless from and against all liability and loss
tined by them by reasontened of an aor established violation of any such laws, regulationmle , ordincce, To
rand requirements.
Authonmtion. All parties m this contract agree mar the representatives are, in fact, bona fide and possess full and
complete authony to bind said parties.
LINITTATION OF TERMS, This Purchase Order expressly limit acceptmce to The terms and conditions stared
herein set high and my supplementary or additional terms and conditions annexed here, or incorpo rood herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your
promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within The time
stated M me purchase order and the documents matched hereto. No acts of the Purchasers includng, without
limitadov, acceptance of partial late delivxnes, shall aperne as a waiver of this provision In the event of any delay,
The Purchaser shall have, in addition to other legal and equitable remedies, the option ofphcing this order elsewhere
and holding The Seller liable for damages. However, the Seller shall not he liable for damages as a result of delays
due to causes nor reasonably foreseeable which are beyond its reasonable control and without its fact ofnegligmee,
such acts of God, acts of civil or military authorities, governmental prionties, fires, strikes. Flood epidemics, wars cr
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 first received knowledge merwf. In the evert of my such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warnings Nag all goods, articles, materials and work covered by this order will cunfarm with applicable
drawings, specifications, samples andor other descriptions given, will be fit for Ne Egresses intended, and
performed with the highest degree of care and competence in mcordance with accepted standards for work of a
similar nature. The Seller agrees go hold the purchaser harmless from my loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair m make
good without cast to The purchaser, my defect or fault arising within one (I) year or within such longer Nand of
time as may be prescribed by law or by the term of my applicable maturity provided by the Seller after the date of
mceptmce of the goods famished hereunder (compliance not To be unreasonably delayed), resulting form imperfect
or defective work done or materials famished by me Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warrant, Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to at damages proximately caused by the breach of my of me foregoing warranties
or guarmtees, bur such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make chmges to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to me terns, outer than legal terms, including additions to or deletions from
me quantities originally ordered in me ryec,fications, or drawers, by verbal or written change order. If my such
change affects the amours due or the rime of performance hereunder, an equitable adjustment shall he made.
6 TERMINATIONS.
The Purchaser may at my time by written change ordea ternuncre this agreement as to my or all portions of the
goods then not shipped, subject to my equitable adjustment btion en the pasties as to my work or materials then in
progress provided Nan the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted
pardon of the goads and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor ofthe Seller with respect to my gm& which are me Sellers standard stuck. No such termination shall relieve
the Purchaser or the Mler ofany of their abligaumm as m my goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty f30) days from the dam the change or termination is
ordered
8. COMPLIANCE WITH LAW,
The Seller wanmts mat all goads sold hereunder shall have bren produced, sold, delivered and famished in strict
cumplimce with all applicable laws and regulation to which the goods, we subject. The Seller shill execute and
deliver such documents m nay be required to effect or evidence compliance. All lawn and regulations required to be
nemmo red in agreement of this character tie hereby mon"gted herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from ill cost and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assipr, transfer, or convey this order, or my monies due or, become due hereunder Witham the
poor wnnen conseng of the other part'.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished
in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon mict performance of the terms and conditions hereof failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify he Seller in the event of a
breach the acceptance ofar payment far goods he.&, or approval of the design, shall not release the Seller of
any of the warranties or obligations of this purdame order and shall not be deemed a waiver of any right of the
purchaser to insist upon strip performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as m any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser notorious, that in actual economic practice, overcharges resulting from mgiatm
violations are in fact home by the Purchaser. Theremfons, for good cause and ae consideration for executing this
purchase order, the Seller hereby assigns to The Purchaser my and all claims it may now have or hereafter
acquired under federal or state arguing laws for such overcharges relating to the particular goods or services
purchmed or acquired by the Purchaser pursumno Nis purchase order.
U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to corrw nonconforming or defective goads by a done To be agreed upon by the
Purchaser and the Seller, and The Seller thereafter indicates it inability or 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
costs associated with such work.
The Seller shall release the Purchaser and its contra mrs of any tier from all liability and claims of my more
resWdng from The parformmce of sueh work.
This release shall apply even in the event of fault of negligence of me parry released and shall extend to The
directors, officers and employees of such parry.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because
such work is performed or caused to he performed by the Purchaser.
T PATENTS.
Whenever the Seller is required to use my design, device, managed or process covered by lever, patent trademark
r copyright tire Seller shall indemnify and save harmless me Purchaser from my and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with me contract, and
shall indemnify me Purchaser for my cost, expense or damage which it may be 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, or
my pan hermf or The intended use of the goods, is in such seat held to wasting, infringement and the use of
said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option either procure far den
Purchaser me right to wnunue using sod equipment or pans, replace the same with subsunually e9ud bur
noninfnging equipment or modify it To it becomes mninfnnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assip inv t for me benefit of creditors, appoint a
receiver or trustee for my of me Sellers property or business, this order may foghwith be canceled by The
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms tmed or Nc interpretation ofthe agreement and the right of dl parties hereunder shall be
consnued order and governed by the laws of the Swe of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work heregrrdea
including me services of Sellers Representative(,), on the premises of others.
IT SELLERS RESPONSIBILITY.
The Seller shall cure on sod work in Sellers own risk will the time is fully completed and acca ma and shall,
in au of my accident, destruction or injury to The work and/or materials Wore Sellers find completion and
acceptance, complete me work at Seller's own expense and to the satisfaction of be Purchaser. When materials
and equipment are fumiahed by others for installation or erection by the Seller, the Seller shall receive, unload,
store and hurdle sane at me sire and became responsible Therefor m Though such materials and/or equipment
were being furnished by me Seller order The order.
19 INSURANCE.
The Seller shall, at his own experse, provide for the payment of workers compensation, including occupational
disease benefit, to its employees employed on or in connection onto the work covered by this purchase order,
andor to their dependents in moon dunce 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 limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least f300,000 for my one person $50O,O01) for any
one accident and popery damage limit per accident of UM.". The Seller shall likewise require his
couggermix. if any, go provide for such compensator, and insurance. Before any of the Setters or his contractors
employees shill do my work upon the premises ofothers, the Seller shall furnish the Purchaser with a certificate
that such wmpenvdnn and insurance have been provided. Such certificates shall specify she date whm such
compensation and insurance have been provided. Such certif cites shill specify the time when such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby margin the more respormilediy and liability for any and all damage, lass or injury of any kind
or nature whonwever to persons or property ratted by or resulting from The execution of the work provldW for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless The Purchaser and my
or all of the Purchasers officers, agents and employees from and against any and all claims, lasses, damages.
charges or expenses, whether direct or Indirect, and whether to persona 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 officers, agents or employees. In case my suit or other
proceeding shall be brought aglm The Purchaser, or it officers, agent or employers in my time w account or
by or. of my act action neglect omission or default of The Seller of my of his comments or my of its or
Their afters, agent or employees as aforesaid, the Seller hereby apes to assume the defense thereof and to
defend the same ar the Sellers own expense, to pay my and all cost, charges, anamrys fees and other expense,
my and all judgments that may be incurred by or obtained against the 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 parties in or as a result of such seat or other proceedings,
the Seller will at once came the same to be dismlved and dislrarged by giving bond or omngsoo The Seller and
his mnumtors shall take all safety precoutiom, furnish and install all guards necessary for the prevention of
accident, comply with all laws and regulations sigh regard to safety including, but without limitation, The
Occupational Safety and Health Act of 1970 and all Toles and reguhumns issued p.m., Thereto.
Revised 07/ 014