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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9112608PO PURCHASE ORDER 911260er Page City of PURCHASE 9112608 t of z ' `t CFonall number must appear " Collins1 invoices, packing and labels. Date: 05/09/2011 Vendor: 125038 Ship To: MIS H & H DATA SERVICES INC CITY OF FORT COLLINS 1310 WEBSTER AVE 215 N MASON, 3RD FLOOR FORT COLLINS Colorado 80524 FORT COLLINS Colorado 80524-4 Delivery Date: 05/09/2011 Buyer: ED BONNETTE Note: PER 7007 CABLING INSTALLATION BID & CONTRACT. Line Description Quantity UOM Unit Price Extended Ordered Price H&H PROPOSAL #1104022 1 LOT LS 5,660.80 LINCOLN CTR-CH 14 Ra-� Q. 0 , AA�� �� City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Total . $5.660.80 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 stahrte the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure critic Purchaser to insist upon strict performance of the terns and conditions hcrcof, failure or delay to Integral Revenue. Denver. Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval tribe design, shall not rdcn,c the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations urchin; purchase order and shall not be deemed a waiver of any right of the damage in transit. may be emoted to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hcrcof or any of its rights o-monci ies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, a% to any prior or subsequent default hereunder. nor shall any mtrpormil on] modification or rescission of this purchase order by the Purchaser operate as a waiver, of any of the terms Inspection. GOODS arc subject to the City of Fert Collins inspection on arrival. hcrcof. Final Acceptance. Receipt of the merchandise, spices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be undersiond that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact home by the Purchaser. Theremfmc. for good cause and as consideration fnr,%,eating this purchase order, the Seller hereby assigns to the Purchaser any find all claims it may nmv have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collin%, CO 90522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemassion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pnrsnant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Whcre manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to center nonconforming or dcfective goods by a date to be agreed open by the expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchascr and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made four greater distance. may cruise the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall Potence at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state. municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, macs and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact. bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed h unto or incorporated herein by reference. Any additional or different teats 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 arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents watched hereto. No acts of the Purchasers including, without limitation. acceptance ofpartial late deliveries, shall operate 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 of placing this order elsnvherc and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of del fiys due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negl igenee, such acts of God, acts of civil or military authorities. governmental priorities, fires strikes. Rood, cpjdem ice wars or riots provided that notice of the conditions causing such delay is given to the Pu chaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of anv such delay, the date of delivery shall be extmded for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnts that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be tit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless firm any Ins%, damage or expense which the Pn¢hascr may stiffer or incur on account of the Sellers breach of wamnry. 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 farmers may be prescribed by law or by the terns ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mmcrials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim order this wamnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warm, cries or guarantees. but such liability shall in no event include loss of profess 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 changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal toms. including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change offer. If nmv such change affects the amount due or the time ofperfomiance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all protons of the goods then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller infinity of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asseoed within thirty (30) days form the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been pmduced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods are 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 incorporated in agreement.% of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless form all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply 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 wamnts full. clear and unrestricted title to the Purchaser for all cquipmcnt, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, rescrvmions, scarcity interest encumbrances and claims crudites. The Seller shall release the Purchaser and its contractors of any tier form 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 parry released and shall extend to the directors, oficcrs and employees of such pity. The Seller's contractual obligations, including ware my, shall not be deemed to be reduced, in any way. bccnnsc such work is performed or caused to be performed by the Purchaser, 14. PATENTS. Whenever the Seller is required to use any design, device. material Of process covered by letter, patcnl, Irademark or copyright, the Seller shall indcmnify and save harmless the Purchascr from any and all claims for infringement by reason of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser for any rest, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said cquipmcnt, or any pun thereof err the intended use of the goods, is in such suit held In constitute infringement and the use of said cquipmcnt or part is enjoined, the Seller, shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing cquipmcnt. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bcnefil of creditors, appoint n receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights craft parties hereunder shall be constmcd under and governed by the law,, of the State of Calntade, USA. The following Additional Conditions apply only in cases where the Seller is to perfecto work hereunder. including the services of Scilers Represcnntivc(s), on the premises efmhers. 17. SELLERS RESPONSIBILITY. The Seller shall carry no said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of anv accident, destruction at injury to the work and/or nnrcrids before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at the site and become responsible therefor is though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on 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 clone, The Seller shall also carry eomprchensivc general liability including but not limited to. contractual and automobile public liability insurance .with bodily injury, and demh limit, of at lonst S300,000 for any one person. S500.000 For vny one accident and property damage limit per accident of S40000. The Seller shall likcuvi,se require his contractors, if any, to provide for such compensation and insurance Before any of the Sellers or his contractors employees shall do any work upon the premises archers, the Seller shall famish 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 certificates 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. The Seller hereby assnmcs the entire respensibility and liability forany and all damage, loss or injury of any kind or nature what a t,cr to persons or pmperty caused by or resulting (roan the exccufion critic work provided for in this purchase order or in connection herewith. The Seller will indcmnify and hold harmless the Purchaser and any r all of the Purchasers officers, agent, 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 Purchascr may be put or subject by reason of any act, action, neglect. omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employee%. In ease any suit or other proceedings shall be brought against the Purchascr, or its officers, agents or employee fit any time on account or by reason of any act, action, neglect, mmis%ion or default of the Seller of any of his contractors or any of its or their officers, agents or employees a% afore,mid, the Seller hereby agree to assume the defense thereof and to defend the stme m the Seller,, own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofl cars, agents or employees in such suits or other proceedings. and in case judgment or other lien be placed upon or obtained agairm the property f the Purchascr, or said panics 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 the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safcty and Health Act of 1970 and all vacs and regulations issued pursuant thereto. Revised 03/2010