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HomeMy WebLinkAbout309435 GLOBAL TECHNOLOGY RESOURCES INC - PURCHASE ORDER - 9147458PO PURCHASE ORDER 914745er Page C1171 of PURCHASE 9147458 t of z ' `t Collins lI„s This number must appear V ` 1' on all invoices, packing sli s and labels. Date: 12/18/2014 Vendor: 309435 Ship To: OPERATIONS SERVICES GLOBAL TECHNOLOGY RESOURCES INC CITY OF FORT COLLINS 990 S. BROADWAY, SUITE 300 300 Laporte Avenue DENVER CO 80209 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 1 LOT LS 13,082.15 Multiple Buildings Provide all necessary material per proposal dated 12/2/14 for the following buildings: Mulberry Pool Lincoln Center City Park Pool Work to be provided per quote #QUO-99226-W6XOM7 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 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. COMMERCIALDETAIIS. Tax exemption. By statute the City of Fan Collins is exempt fmm state and Real taxes. Our Exemption Number is 98414502. Federal Excise Tax Exemption Cenifica¢ of Registry 84-60uo587 is registerd with the Collector of Internal Revenue, Denser, Colorado (Ref Colorado Revised Salutes 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REI ECTED due to failure to meet specification, either when shipped or due to defects of damage in Won, may be returned to you for credit and arc not to be replaced except upon receipt of written inswoutions from the City of Fens Collin. Induction. GOODS are subject to the City of Fon Collin inspection on moved. Final Acceptance. Receipt of the merchandise, w or equimium in tamale to this order can result in ransomed payment on the pan of the City of Fort Collin. However, it is to be understad that FINAL ACCEPTANCE is dependent upon completion mall applicable required in action procedures. Freight Terms. Shipments most or F.O.B., City of Fort Collins, 700 Wood St, Fan Call., CO 80522, udess of ldiscue specified on this order. if permission is given to prepay freight add Burge sepammly, the original freight bill must accommar, invoice. Additional chances for oackinte will not be mantel. Shipment Distance. When, manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to datiustion, and excess freight will be deducted fmm lossaam whim shipments am made fmm great distance. Permits. Seller shall procure at sellers we cast all necessary permits, certificates and license required by all applicable laws, regulations, ordinances and rules of the stale, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public anthonty having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collin harmless fmm and against all liability and loss incurred by them by reamer of an wounded or established violation of my such laws, regulation, ordinances, rules and requirements. Authmismim. All panics fo this soared agree WA the representatives are, in fact, bans fide and possess full and widen, authority to bind said pansies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms end conditions sited hacin tit foM and any supplementary or additional moan and condition annexd hereto or inumpomted herein by reference. Any additional or differed, moo and tarn ition propmed by seller are objected to end hereby rejected. 2. DELIVERY. PLEAS17 ADVISE PURCHASING AGENT immediately ify rm cannot make rumpled, shipment to arrive on your menaced delivery date as acted. Time is of the usence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Pmchrom including, without limitation, weepance ofpartial late deliveries, shall operate as is wove, i fNis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, We option afflicting this craft elsewhere and holding the Sella liable for damages. However, the Sella shall not be liable for mmnagw as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such users of Cod, acts ofcivil or military authorities, governmental product, duct, fires, strikes, food, epidemics, wan or riots provided that notice of the condition causing such delay is given to the Purcba,r within five (5) days of the time when the Seller first received knowledge thereof In Lse even of my such delay, the date of delivery shall be extedd far me paid dual to the time intually lost by mown afthe delay. 3. WARRANTY. The Seller warrants Not all goods, articles, materials and work covered by this older will confirm with applicable drawings, specifications, samples and/or other desorption given, will be fl for the purposes intended, and performed with the highest degree of cart and competence in accordance with accepted standards for work of a similar ware. The Seller agrees to hold the purchaser homeless flow any dos, damage or expense which the Purchaser may suffer or matters account of the Sellers breach of warway. The Sella shall replace, operator make good, without cost o We purchaser, any defects or faults wising within one (I) year or within such longer peril of time as may be, prescribed by law or by the temps of any applicable wamanty provided by file Seller after the date of acceptance of fine goods famished hereunder (acceptance not to be unseasonably delayed), resulting from imperfect or defective work done or materials famished by the Seiler Aom,wwe or ere of goods by the Purchaser shall not mmtimm a waiver of my claim t nda this warranty. Except as otherwise provided in this purchase order, the Sellers liability hcreunda shall extend tu till damages proximately cans,d by We breach of any of the foregoing wartanta. or gwmmces, halt such liability shall in no event include loss of wife, or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes as legal terms by warden change out. 5. CHANGES B4 COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal lesions, including addioon. b or deletions fmm the quantities originally ordered in the specification or drawings, by verbal or written change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser day at my time by warm change coder, Icmminam this agreemmt as Ire any or all patiom of the goods then not shipped, subject to any equitable adjustment between the panic as to any work or mmmak then in posters provided that the Purchaser shall not be liable for any claims for anticipated profits on the unmmpletd ,.nine of We goods nnN.r work, far incidental or consequential damages, and that no such adjustment be, made in favor ofthe Seller with rcsptt to any goods which are the Sellers standard stock. No such temioulurs shall relieve the Franchise, .he Sell. ofmy mWeir obligation as I. any goods delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for djastment calm be e,ned within thirty (30) days fmm the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Sella warmers that all goods sold hereunder shall have been produced, solk delivered and famished in strict compliance with all applicable laws and regulation to which the gods are subject The Seller shall execute and deliver such documents as may he required to effect coincidence cumpluarm. All laws and regulation required an be va xa mted in agreements of this character are hereby incorporated herein by this reference. The Sella agrees to indemnify and hold the Purchaser bemless firm all costs and damages suffered by the Purchaser in a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, Water, or convey this order, or my marries due or to become due hereunder without the prior women consent afthe other patty. 10. TITLE. The Sella wain¢ full, clear and mmoducted title to the Purchaser for all equipment, materials, and items famished W performance of this agreement free and clear of my and all lien, o action, resetvatian, secunty, intent encumbrance and claims of others. 11. NONWAIVER. Failure of the Purchaser m insist upon strict performance of We terms and wndition hereof, failure or delay m exacum any rights or remdies provided herein or by law, failure to promptly unity the Seller in flax event of a breach, Be acceptance afar 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 upon strict performance hereof., any of its tights or remedies as to any such gods, regardless of whm shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral codification or rescission of Nis purchase under by the Purchase operate as a waiver of any of the le. hemf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust n violatioare in fact Some by the Purchaser, Theremforeforgood cause and as consideration for executing this purchase order, Line Sella, bereby assign to the Purchaser any and all claims it tray now have or hereafter acquired under fdeml an state warned laws for such overreaches relating to the particular goods or services purthaud or acquired by the Purchaser pursuant as this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella. and the Seller Werafier indicates its familiar a, unwillingness to comply, the Pmchuer may cause the work to be performed by the met expedition means available to it, and the Seller shall pay all mats comadd wind such work. The Seller shall release the Parchea and its commcmrs of any tier firm all liability and claims of any nature resulting from the performance of such work. This M. shall apply even in the event of fault of negligence of We parry released and shall extend no the directors, oMe. end employees of such pang. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, brans, such work is perfamted ar caused to be pafroned by the Purchaser. 14. PATENTS. Whenever the Seller el required to use any design, device, mmerial or process island by lean, paint trademark or copyright, the Seller shall indemnify and some foamless the Purhssv from any toad all claims for infringement by small of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser far any cost, expense or damage which it may be obligd to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constioute infringement ad the we of said equipment a pan is enjoined, the Sella shall, al its an expo sv and at ifs option, either prome for the Purchase the right to continue ring sold equipment or pats, replace the same with substantially equal but noninfdnging equipment, or modify it so it becomes menstruating. 15. INSOLVENCY. If the Seller shall become insolvent or morn t make an assignment for the benefit of creditors, appoint a receiver or detse for any of go Sellers property or business, this and, may forthwith be mmeld by the Purchaser without liability. - 16. GOVERNING LAW. The definitions.flocum used or the inmrpmtamen of the agreement and the nghts of all ponies hereunder shall be construed under and governed by the laws ofthe State of Colo ode, USA. The following Additional Condition apply only in cams where the Seller is to perform work hereunder, including the services of Sellers Reprtsentarve(s), on the premise.fotha, ❑. SELLERS RESPONSIBILITY. The Sella shall curry oa said work an Sellers awn risk until the same is fully completed and accepted, end shall, in case of any accident, destruction or injury to the work and/or materials before Sellers Mal completion and acceptance, complex the work at Sellers own expert, and m the satisfaction of the functional When mmmal l and equipment are famished by others far unialluion m erection by the Seller flag Sella shall receive, wload, store and handle some at the site and become responsible therefor a though such maerals sual equipment were being furnished by the Sella under the order. 18, INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers campea somm, including occupational disea, benefits, to its employees employed on or in connection with the work covered by Juts pureha, order, and/or m their dependents in amrdance with the laws of the state in which ale work is to b, done. The Seller shall Aso carry cmnprebensive general liability including, but not gained as commnual and automobile public liability insurance with bodily injury and death limits of at least $300,000 for any one person, S500,000 for any one accident and property damage limit per accident of $400.000, The Seller shall likewise inquire his comments, if any, to provide for such compensation and inumnce. Before my of the Sellers Or his contmetors employees shall do any work upon file perms. of others, the Sella shall famish ate purchaser with a certificate NA such compeeatim ad imtwnce have been provided Such certificares shall specify the date whim such ompmwtion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and influence shall be, maintained until after fine entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby aeumea the entire responsibility ad liability fun any anal all damage, loss or injury of any load in more whsdsoeve to Person or property mound by or resulting fmm the execution of the wank prouk d for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any or officers, all of the Polymers agents and employ. from and against any and all claims, lousedamages,charges damag, c harges or expenses, whether direct or indirect and whefer to persons or property an which the Purchaser may no put or subject by amen of any act action, neglect omission or defmlt on the pm of We Sella, any of his minimum or any of We Sellers or cmntmetms Hism, egrets m employees. In case my suit or other proceedings shall be, brought against the National or its officers, agents or employees at my time on acmmt or by reason of my act action, neglect, omission or default of the Seller of my of his uncommon in my of its or their officers, agents or employees as oPoresaid, the Seller hereby agrees to assume the defense therm( and to defend the were at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenes, any and ail judgments Lust may be incurred by or obtained against the Purchaser or any army or their officers, agents m employees in such suits or other proceedings, and in case judgment or other has be placed upon or obtained option the property of We Nations, or sod pania in or as a mutt ofsuch suits or manor pme dings, the Seller will at once cane the some to be chemical and discharged by @sing bond or othervn,. The Sella reed his contractors shall take all safety prtcautio s, Randall and mall all guards necessary, for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulation issued purswnt thereto. Revised O flb(i