HomeMy WebLinkAbout506811 BW SYSTEMS - PURCHASE ORDER - 9150597PO
PURCHASE ORDER 915059er Page
City of PURCHASE
50597 � of z
�} Collins( his number must appear
V " 1 1�7 on all invoices, packing
sli s and labels.
Date: 01/2612015
Vendor: 506811
BW SYSTEMS
4305 NORTHPARK DR
COLORADO SPRINGS CO 80907
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 PORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 01/26/2015 Buyer: WILSON, JILL
Note: "SUBJECT TO THE TERMS & CONDITIONS OF
SERVICES AGREEMENT 7254 FUSS PHASE 1 & 2"
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 2015 Security Camera Maintenac
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
43,862.00
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
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is
11. NONWAIVER.
98 r 502. Federal Excise Tax Exemption Cmifieage of Registry 84-6000587 6 registered with the Collector of
Failure of the Purchaser to imist upon strict performance of the ,emu and conditions hereof, failure or delay to
Internal Revenue. Denver, Colorado (Ref. Colombo Revised Statutes 1973, Chapter 39.26,114 (a).
exercise any rights or centuries provided herein or by law, far lute to promptly notify the Seller in me even of a
breach, tha acceptance ofor Payment for goods remember or approval of are design, shall not relase the Seller of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the wmmntic or obligations of this purchase order and shall nor be deemed a waiver of any fight of dre
damage in bnmi,, may be resumed to you for credit and are rot to be replaced except upon receipt of semen
Purchaser to insist upon strict performance hermfor any of its fights or remedies ss to any such good, tegaNless
instructions from the City of Fact Collins.
of when shipped, raeivd or mceptd, as to any prior or suhsequmt default hermMer, nor sluff any purpond
oral tnodifiation or rescission of this purchase offer by the Purchaser operate as a waiver of my of the terms
Imp action. GOODS arc subject to the City of Fort Collins foremen on mining.
hereof.
Final Acce,ptace. Receipt of the merchandise, services in equipment in response to this offer an result m
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on she 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, overehergc resulting from antitrust
ACCEPTANCE is dependent upon completion of all appliable required inspection procedures.
violations are in fact home by me primmer. Theromfom, for good mum and m consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter
Freight Temes. Shipments must be FOR,, City of Fiat Collins, 900 Wood St, Fort Collins, CO 80522, unless
acquired under fdeml or state antitrust laws for such overcharges miming to the particular goods or services
otherwise specified on this order. Hpemrission is given to prepay freight and charge separately, the original freight
purchased or mquird by the Purchaser pursuant to this purchase order,
bill must accompany invoice. Additional charges for packing will not be occurring.
Shipment Distance. Wheat manufacturers have distributing points in vanugge pans of the country, shipment is
expected from the nearest distribution point to destiontion, and excess freight will be deduclerl firm Invoice when
shipments or made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary pemtiu, redificutes and licenses required by all
applicable Incas, regulations, ordinances and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly examomted public authoiry having jurisdiction over, the work
of vendor. Seller Labor, agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an assigned or established violation of any such laws, regulations, ordinances, rates
and requirements.
Authorization. All parties to this common agree that the representatives art, in fact, bona fide and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and caditiom stated
herein set foM and any supplementary or additional terms and conditions amazed hereto or incotpammd herein by
reference. Any additional or di@rem It. and conditions proposed by seller are objected 1. and bveby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o notice on your
Promised delivery date as noted. Time is of the essence. Delivery and performance most be effmrtd within the time
stated on the purchase order and the documents attached hereto. No aces of the Parchment including, without
Iimieation, acceptance official laic deliveries, shall opmm as a waiver of mils precision. In the event artery delay,
me Purchaser shall have, in addition to other legal and equitable remedies, the option ofpladng this order elsewhere
and holding the Seger liable for damage. However, the Seller shall nor be liable for damaera as a result of delays
due m causes not reasonably foreseeable which are beyond its reasonable coral and without its fault of negligence,
such acts of God, acts ofeivil or military amhoitim governmental priorities, fires, fink., Rood, epidemics, wars or
rims provided that notice of the conditions musing such delay is given to the Purchaser within five (5) days of the
time when the Seller arse received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason argot delay.
3. WARRANTY.
The Seller warrants that rill gaud, articles, materials and work covered by this offer will conmmm with applicable
drawings, specifications, samples and/or other descriptions given, will be lit for the pM,mz; intended, and
performed with the highest degree of care and competence in accordance with occipital s.ads,& for work of a
similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Parchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repo it or make
good, without cost to the purchaser, any defects or f Its arising within one (1) year or within such longer Arid of
time as maybe prescribed by law or by the terms crony applicable warranty provided by the Seller after the date of
acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not
omtimte a waiver crony claim Maker this warranty. Except as otherwise provided in this purchase offer, the Sellers
liability hereunder shall extend to all damages proximately caused by the haunch of my of the foregoing wamgic
orgm MM, but such liability shall in no event include loss of profits or loss of me NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purehuer may make changes m legal temts by wino change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to me semis, other than legal team, including dditiom go or deletions from
the quantitirs oiginally offered in the speeincatiom or mawmp, by verWl or written change order. If any such
change affects the amount due or the time ofperfomtansa hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wittrn change offer, terminate this agreemcm as to any or all s nions of the
goods then not shipped, subject to any equitable adjustment between the parties to to any work or materials then in
progress provided thin the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted
portion ofthe goods Millar work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any good which are the Sellers standard stack. No such germination shall relieve
the Purchaser or the Seller of any aftheir obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim far ad mannin t must be avoided within thirty (30) days from He date the change or nemdnalion is
ordered.
8. COMPLIANCE WITH LAW.
The Seller worants that all good sold hereunder shall have been produced, said, delivered and famished in strict
compliance with all applicable laws and regulations to which she goods are subject. The Seller shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agree to
indemnify and hold the Pumbaser harmless form all casts and damages suffered by the Purchaser ss a result of the
Sellers failure W comply with such law.
9. ASSIGNMENT-.
Neither party shall assign, uattsfer, in convey this ruder, or my mottles due or m became due hereunder without thc
pier winrn confirm ofthe min party.
10. TITLE.
The Seller common, full, clan and unrestricted tide to the Purchaser for all cquipmmL materials, and items famished
to perfingaggince of this agteemen, free and clear of any and all liens, restincing, rnrrvetiom, security mares,
rncuml+rances and claims of amcrs.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming err defective goad by a time to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work to be performed by the most expdigicus means available at it and the Seller shall pay all
costs associated with such work.
The Scller shell release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the penfmmame, ofsuch work.
This release shall apply even in the event of fault of negligence of the party relaxed and shall extend to the
dirtemrs, officers and employees of such party.
The Sellers contractual obligatiom, including warranty, shall not be deemed to be reduced, in any way, because
such work is purfmmd or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the use an Seller is resubmit to y deignm , device, process covered by lever, potent, hadermuk
of copyright the Seller shall indemnify and eve harmless the Puohascr from any and all claims for infringement
by reason of the use of such patented design, device, mateial or process in mmMdion with the ..is, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by canon of such
infringement at my time doing the prosecution Or after the completion of the work. In case said equipment, or
any port thereof or the intended use of the good, is in such suit held as continuum infn'ngemmt and the use of
said equipment or pan is joined, the Seller shall, at its own expertise end at its option, either procure for the
Purchaser me fight to continue in, said equipment or pans, replace the same with suhtmtially equal but
noninfinging equipment, or modify it so it becomes maiuringing.
15.INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or bounce fro sty of the Sell. property or business, this aide, may farthwilh be mnceld by the
Plrchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the fights of all parties hereunder shall be
construed under and governed by the laws ofthe Shire of Colomdo, USA.
The fallowing Additional Conditions apply only in taus where the 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,
in u of any accident, destruction or injury of the work and/or ma¢risls before Sellers final completion and
acceptance, complete the work at Sellers awn expense and W the satisfaction of the purchase. Whey materials
and equipment are famishul by others for installation or erection by do Seller, me Seller shall receive, wload,
store and hmalle same at the be and berme rcpassiblc therefor ss Bough such rvitmals aadvo, equipment
were being fumishod by the Seller under tha offer.
18, INSURANCE.
The Seller shall, at his awn expeme, provide for flit payment of workm compensaiou, including occupmimal
discount, benefits, to its employees employed on or in connection wilt the work covered by this Purchase order,
antVor to their dependents in accordance with the laws of the state in which the weak is in be done. The Seller
shall also carry comprehensive general liability including, but not limited m, fUnlraclaal and automobile public
lubricity ins-- with Winy ini, i nd dem, limits of n k use S3..ann for any one I>'nn.. SI... for any
one accident and property damage limit per accident of S400p00. The Seller shall likewise margin, his
antractoq if any, go Provide for such romprncation and ire e. Before any of the Sellers or his m
employees shall do any work: upon me premise of others, the Seller shall famish the Purchaser wits a certificate
that such munwo mtien and imumnca have been provided. Such modistes shall specify me time when such
compensation and insurance have been pmvided. Such certificates shall specify the date when such compenutim
and insuccure expires. The Seller agrees that such compensation and insurance shall be maintained anal after me
entire work IS completed and semiarid.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and tieing try for any and all damage, loss or injury, of any kind
or nature charme,er In Lai or prapmy caused by Or resulting from the execution ofthe work provided for in
this purchase order or in comecton herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchases officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property, to which the Purchaser may
Jac put or subject by reason of any act, action, neglect, omission or default an the pan of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchaser, Or its officers, agents Or employees at any rime on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their agrees, agents or employees as aforesaid, the Seller hereby ague to assume me defame thereof and to
defend the time or the Sellers own expeme, to Pay any and all cosu, charges, aboomeys fees and other, expenses,
any ad all judgments dust may be incurred by or obtaimd appear the Purchaser in ivy of its or men officer,
agents or employees in such suits or other proceedings and in cue facilitator or other Jim be placed upon or
obaaimd e,im, the Property of me Purchase, car said ponies in or ss a result of such suits or amen proceedings,
the Seller will m once cause the same to be, dissolved and discharged by ovic, bond or otherwise. The Sell, and
his contractors shall rake all safety precautiom, famish and immll all gthird naessvy for the prevention of
accidents, comply with all laws and regulations with regard to safety including bur wihour liadhitino, the
Oompatioal Safety and Health Act Of 1970 and all rates ad regulations; bond pntmtant thereoo.
Revised 072014