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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9147010City of Fort Collins p Date: 12/01/2014 PURCHASE ORDER PO Number Page 9147010 1of3 This number must appear on all invoices, packing sli s and labels. Vendor: 125038 Ship To: MIS H & H DATA SERVICES INC CITY OF FORT COLLINS 1310 WEBSTER AVE 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524 FORT COLLINS CO 80524-4408 Delivery Date: 12/01/2014 Buyer: ED BONNETTE Note: PER 7615 CABLING INSTALLATION SERVICES CAONTRACT WITH H&H DATA SERVICES AND WO 1411011,12,13, & 14, ATTACHED. . Line Description Quantity Ordered UOM Unit Price Extended Price 1 H&H Proposal#1411011 1 LOT LS 477.34 NSAC 2 H&H Proposal#1411012 1 LOT LS 881.05 City Park Pool 3 H&H Proposal#1411013 1 LOT LS 1,595.98 Mulberry Pool 4 H&H Proposal#1411014 1 LOT LS 713.05 Muni Court 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Fort Collins PURCHASE ORDER 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.mm PO Number Page 9147010 20f3 This number must appear on all invoices, packing slips and labels. 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 Condtions Page 3 of 3 1. COMMERCDU.DETAILS. Tax exemptions. By aware the City of Fort Collins is exempt from state and local taxes. Our Exemption Number's 98uTI FWeral Facia Tax Exemption Certificate of Registry IG-6000587 is registered with the Collmor of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sumtcs 1973, Gupta 39-26, I IC (a). Goods Rejected, GOODS REJECTED due to failure to meet speaficaturn, either when shipped or due to defals Of damage in tmnsiq may be reamed m you for credit and arc or to be replaced except upon receipt of written instructions from the City of Fort Collins. Iazpeclion. GOODS are subject m the City of Far Collins inspection oa artival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can ..It in authorized payment an the pan of the City of Pon Collins, however, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required i expection procedures. Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood SL, Fort Crib., CO 80522, it. otherwlx specified on this order. If Permission is given to prepay freight and charge separately, the original freight bill real accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected from the neared distribution prim to destiration, and excess freight will be deducted from Invoice when shipments are it, from grater dutmce. Pmnits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the mate, municipality, tenim, or political subdivision he. the work is performed, or required by any other duly corebmted public authority havingjurisdieliun over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss retuned by them by reason of an a.ared ar established violation of any such laws, regulations, on nuances, rules and requirements. Authorization. All parties to this contract agree that the representatives we, in fact, bona fide and possess full and complete mo uriry to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tents and conditions staled herein set forth and any supplementary or additional terms and conditions mmexat hereto or matriarchal herein by reference. Any whimmlm different ternn, and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE. ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment to active on your promised delivery date as noted. Time is order, essence. Delivery and performance must be abetted within the time sated on the purchase oNer and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance afpzeist late deliveries, shall claimsmn waiver of This provision. Inthee'entofanydelay, the Purchaser shall have, in addition to other legal and equitable remedies, Ne option ofplacing this order elsewhere and holding the 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 easmable central and without its fault of negligence, such was of Cod, acts of civil or military adhorili., governmental priorities. Ores, strikes, Rood, epidemics, wars or riots provided that entice of the conditions causing such delay is given So the Purchaser within five (5) days of the time when the Seller fist received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the date actually lost by reaon fthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conf rat with applicable drawings, specifications, samples andtor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar vmre. The Seller agrees as, hold the purchaser harmless tram any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warmnry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tents of any applicable warranty provided by the Sella after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperf t Or defective week done or malerials Smirched by the Seller. Acceptance or use of good by the Purchaser shall sat arstimte a waiver of my claim under this warranty. Except as otherwise provided in this pumltose order , the Sellers liability hereunder shall extend to all damages proximately mused by the breach of any of thc foregoing we.".ev or guamntrea but such liability shall in no event include loss ofpmNs or lass of sex. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES LN LEGAL TERMS. The Purchase may rake changes to legal rem¢ by wruen change order. 5. CHANGES RN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terns, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change abats the amount due or rise time of performance hereunder, At equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. harrimtc His agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purcbaer shall not be liable for tiny claims for anticipated prolas on the mmampletN Portion of the goods and/or work, for incidental or core quential damages, and that no such adjustment be, made in favor of the Sella with respect to any goods which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as is any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty Cut do, Gom the dole the chase or teminaion is ordered. S. COMPLIANCE WITH LAW. The Sella warrants doer all goals sold hemader shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the good art 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 nverpomted in agreements of this character as hereby inewhomed herein by his reference. The Seller agrees to indemnify and hold the Purchaser harmless from all codes and damages wiffood by the Purchaser as a mull of the Sellers failure to amply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10, TITLE. The Seller warrants bill, Clem and unicameral title to the Purchaser for all equipment, materials, and items famished in perf ncomme of this agreement fora cod clew of any and all limns, restrictions, reservations, security interest encumbrances and claims of others. 11. NON WAIVER. Failure of the purchaser to insist upon shict performance of the terms and conditions hereof, failure or delay to exercise any rights in remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or it rural of the design, shall not release the Seller of any of the watmnties or obligations of this purchase oNer and shall not be deemed a waiver of any right of the purchaser m insist upon strict performance hereof or any of its rights or remedies w to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shell any puryened real modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms hercof. 12, ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in what a resulting practice, overcharges ulting from antitrust violations arc in fact borne by the Prochour. Thcretofsm forgoodmum and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or sure antibust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchase, pursuant to this purchase ardor. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to Is, agreed upon by Nc Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness as comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Sella ideal Pay all ants nssalated with such work. The Seller shall release the Ptt¢hacer and its cenlmefors of any tier firm all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the d menea. ofcers and employees ofsuch pony. The Seller's contractual obligations, including wananly, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by Ne Purchaser. I q. PATENTS. N"wro va de, Seller is marginal to use any design, device, mstedid or pmcers coveeed by tarter, pmal, trademark r copyright, the Seller shall indemnify and save hostiles, the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, material or pmcas in connection 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 daring the prosecution or afor the ormplelion of the work. In rose said tywporm , or any pact thereof or the intended use of the goods, is in such suit held to motion, iti iugemmt and the use of said equipment or Ilan is enjoined, the Sella shall, at its own expense and at its option, either procure for the Fruehauf Ne right to continue using said equipment or parts, replan the same with substantially equal but noninrringing equipment, or modify it so it becomes noninfringing. 15. LNSOLVENCY. If the Sella shall become insolvent or brunI make an assignment far the benefit of creditors, append is or trustee fen any of the Sellers property or business, this oNer may forthwith M canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterms used or Ne interprealion offc agreement and the rights of all Fortis hereunda shall be mnsnued under and governed by the laws ofthe State of Colorado, USA. The following Additional Condition apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprromedive(s), on the premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry, on and work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident desecom ion or injury to the work wafer materials before Sellers firel completion snd acceptance, complete the work m Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are fumuhed by others for installation or erection by the Sella, the Seller shall receive, instead. store and handle same at the site and become responsible therefor as though such materials harbor equipment were being famished by the Seller under the order. 18. INSURANCE The Seller, shill, al has own expense, provide far the payment of workers compensation, including ..,do.] disease benefits, to its employees employed on or in connection with five work covered by this parchae oNer, andor to their dependents in accordance 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, commercial and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,00o for any One accident and property damage limit Per accident of 5,400.000. The Seller shall likewise require has comraclors, if any, m provide for such compensation and inmrmrce. Before any of thr, Sellers ar has contractors employees shall do any work upon the premues of others, the Sella shall famish the Purchaser with a artifmte Out such compensation and insurance have been provided. Such ratifimms shall specify the dare when such compensation and insurance have been provided. Such certificates shall specify the date when such compassion and insumnec expires. The Seller agrees that such compensation and mount shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assoma the entire oh�easibility and liability for any and all damage, loss or injury ofany kind or nature whetarever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold females, the Purchaser and any or all of the Purchasers officers, agents and employers from cod agairm any and all claims, losses, damages, chumax, or expenses, whether direct or indirect, and whether to persons or property to which the Purehaser may be put or subject by reason of my her, action, riglm, omission or default on the pan of the Seller, any of his contm mus, or any of the Sellers a contractors officers, agents or employees. Ina any it or other proceedings shall be brought against the Purchaser, or its olficcrs, agents or employees st any time an 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 officers, agents or employees as afortmid, the Seller hereby agrees to assume the defense thereof and in defend the same at case Sellers own expersh, to pay any and all costs, charges, hmomeys fees and other expenses, any and all judgments Nat may be incurred by or obtained against the Puritanism or my Of its or their oRcas, agents or employees M such suits or other proceedings, and in rase judgment or other lien be placed upon or obtained against the property of the Purchases, or said ponies in or as a result ofsuch suits or other proceedings, the 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 and install all guards necessary, for Ne prevention of actldah, comply with ell laws and rcgulerions with re,am to safety including. but without limitatiw, the Occupatioml Safety and Health Act of 1920 and all rule, and tegulatims issued pursuant that Revised 07R014