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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC (GTRI) - PURCHASE ORDER - 9957368Date: 12/9/2009 City of F6rt„�Collins Page Number: 1 Purchase Order Number: 9957368 Delivery Date: 12/9/2009 Buyer: DICK,OPAL Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence. Note: Line Qty/Units Description Extended Price 1 1 LOT GTRI QUOTE#00009531XYK6CG3 B. SINGLETON Total City of Fort CclWiny Director of Purchasing and Risk Management This order is nNahalid over $5000 unless signed by James B. O'Neill II, CPPO 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 13,521.92 $13,521.92 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order "Kerns and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt front state and local trues. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Smunes 1973, Chapter 39-26. 1 14 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damage in transit, may be ietunmed to you for credit and are not to be replaced except upon receipt of written instructions front the City of Fort Collins. Inspection, GOODS are subject to the City of Fort Collins inspection on ;it riva Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in autlorized payment on the pat of the City of Fort Collins. However, it is to be under st nod that 171 NA ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Tents. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St.. Fort Collins, CO 80521. unless otherwise specified on this order. If permission is given 10 prepay freight and change separ:ue•ly, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where maimfacturers have distributing points in various parts ofthe country. shipment is expected fi"om the nearest distribution point to destination• and excess freight Will be dechicted front Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality. ten inny or political subdivision where the work is performed, or required by any other duly constituted public authority hawing jurisdiction over the work of vendor. Seller father agrees to hold the City of For Collins harmless foulard against all liability and loss incurred bythenl by reason of an asserted In established violation orally such laws, regulations. ordinances, rules and requirements. Authorization. All putties to this contract agree that the representatives are, in tact, bona fide and possess full and complete authoity to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary of additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby repeated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment lu arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected wit hill the tinmc stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpntial late deliveries, shall operate as a Waiver of this pt ovision. ht the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofplacing this order elsewhere and holding tine Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and Without its fault ufnegligence. such acts of God, acts of civil or militaryauthorities, governmental priorities, fires. strikes. 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 first received knowledge thereof [tithe event ofany such delay. the dam of delivery shall be emcnded for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order Will continm With applicable drawings, specifications, samples and/orother descriptions given, will be fit fin the purposes intended• and perfumed with the highest degree create and competence in accordance with accepted standards far work ofa simile nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace. repair or make good. without cost to the purchaser, any defects m faults arising within one( 1) year or within such longer period of time as ncay to prescribed by law of by the tents of any applicable warranty provided by the Seller after the (lane of acceptance of the goods furnished hereunder (acceptance not to beumeasonably delayed). resulting Gout imperfect art detective \toil, clone or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a \vaiver of anv claim under this warn ly. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proxinnately caused by the breach of any of ilia fineguing warranties or gu:v:unees. but such liability shall in no event include loss of profits tar loss of use. NO IMPLIED W ARRANI N' OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Ptn'eha5et' may slake any changes to the terns. other than legal tents. including additions to or deletions fiom the quantities originally ordered in the specifications of drawings, by verbal or \viluen change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjusunent shall be made. 6. TERMINATIONS. The Purchaser may m anytime by Written change order, terminate this ael eemment as to any or all portions ofthe goods then not shipped. subject to any equitable adjustntern between the parties as to any worl, or materials then in progress provided that the Purchaser shall not be liable fm any claims for anticipated profits on the unconmpleted portion ofthe goods and/or work, for incidental or consequential damages, and that nu such adjusunent beoade in fin•or ofthe Seller with respect to any goods which are the Sellers standard stock. No such teruinatiun shall relieve the PInEIIasCI or the Seller ofany of their obligations as to any goods delivered hereunder: 7. CLAIMS FOR ADJUSTMENT. Any claim for adjusunent must be asserted within thirty (30) days from the date the change or tennination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and furnished 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 m evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole scarce government contract" within the meaning of Article XXVIII of the Colorado Constitution ("Article XXVIII"), then the provisions ol'Section 15 ofAniele XXVIII are hereby incorporated into this [Agreement]. In such a case, if the [Contlactol I or any other person who is a "contract holder" as defined in Section 2(4.5) crArticle XXVIII intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract. or public employment with the state of Colorado or any of its political subdivisions. fill three years. Q. ASSIGNNIEN F. - Neither piny shall assign, transfer. or convey this order, or any monies cite or 10 beetnnC clue hereunder without the prior Written consent of the other party. 10. TITLE. The seller wan ants full, clear and unrestricted tide to the Purchaser for all equipment. materials, and items fiimished in performance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of due Purchaser to insist upon strict performance of the terns and conditions hereof failure or delay to esercise:my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach, the acceptance of or payment lot goods hereunder or approval of the design, shall not release the Seller of any of the warrtunics or obligations ofthis purchase order and shall not bedeemned a Waiver of any right of the purchaser to insist upon strict perfonnnance hereof or ally of its rights or remedies as to any such goods, regardless of when shipped, received or neccplcdl as to any prior or subsequent default hereunder, not shall any purported ornl modification or rescission of this purchase order by the Purchaser operate as a Waiver of any of the tents hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fionn antitrust violations are in fact Ix)rne by the Purchaser. The•retotme. for good cause and as consideration fen'executing this purchaseorder, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter acquired under federal or state animist laws fix such overcharges relatine to the paticulat goods or services purchased or acquired by the Purchaser pasunnt to this purchase order. 13. PURC'.IIASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Iurchaser directs the Seller to corect nonconfimning or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter inclicates its inability m unwillingness to comply, the Purchaser tray 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 contractors ofany net front all liability and cluins ofany muure resulting from the performance of such work. ']'his release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees of such pate. 'file Sclkr's cnntracmal obligations, including warts ty, shall not be deemed to be reduced, in any way, because such murk is pertimued ur caused to be pei ftnmed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, flutent, trademark or copyright, the Seller shall indemnity and save lunnless the Purchaser frontany and all clains for infiingenent byreason ufthe use ofsuch patented design. device, ntaerial or process in connection With the contract. and shall indemnify the Purchaser fix any cost. expense or damage ,which it maybe obliged to pay by reason of such infi-ingentent at anytime diving the prosectuion or after the completion of the work. In case said equipment, or any pit thereof or the intended use of the goods, is in such suit held to constitute infi'ingenlent and the use of said equipment or pan is enjoined. the Scher shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pars, replace the same with substantially equal but non -infringing equipment, or nmodifv it so it becomes non-infinging. 15. INSOLVENCY. If the Seller shall become insolvent art bankrupt, make an assignment lot the benefit ofcreditots, appoint a receiver or trustee fix any of the Sellers property or business, this order may forthwith be canceled by the Purchnser without liability. 16. GOVERNING LAW. The definitions of terms used Of the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado. USA. the fi\Ilowine Additional Conditions apply only incises where the Seller is to perform work hereunder: including the services of Sellers Representative(s), on the premises of others. IT SELLERS RESPONSIBILII"Y. The Seller shall carryon said \vo,k at Seller's own risk until the same is frilly completed:uld accepted, and shall, incise of any accident, destruction ur injury to the work utd/or materials before Seller's final completion and acceptance, mplete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment me fiunished by others fin installation tar erection by the Seller, the Seller shall receive, unload, stone and Inndle same at the site arld become responsible therefor as though such materials and/or equipment were being fivaished bythe Seller undo the order. 18. INSURANCE The Seller shall• at his own expense. provide tow the payment ofwo'kers conmpensation, inclndingoccupational disease benef its. to its employees employed cot or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry conmprchcnsive general liability including, but not limited to, cunmacntal and autumobile public liability• inxurance with bodily injuuy and d-di limits of at least S300.000 f r any one person. $500.000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation old insurance. Belore any of the Sellers or his contractors employees shall do any work upon the premises ofot hers, the Seller shall fiunish the Purchaser With a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificaes 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 completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. 'File Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by o' resulting front the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers uflicet's. agents and employees front and against any and all claims. losses, damages, charges ur expenses. \vhethei director indirect, and whether to persons m property to Which the Purchaser stay beput or subject by reason of any act. action, reelect, omission or default on the pan of the Seller.:uny of his contractors, or any of the Sellci s or cone:actor:s ollicers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at ally time on account in by reason orally act, action, neglect, otlission or defiudt of the Seller orally of his contractors orally of its or their oflicer:s, agents or employees as aforesaid, the Seller hereby agrees w assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and alljudgments that cony be incurred by orobtainedagaiust the Purchaser or any of its or their officers, agents or employees in such suits or other pt oceedings. and in case judgmen or other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in urns aresult Ill such suits or other proceedings. the Seller will at once cause the same to be dissolved and dischargedbygiving bond or otherwise. 1'he Seller and his contractors shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents. comply With all laws and regulations with regard to safety including; but without limmitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 04/20011