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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9141655Fort Collins Date: 03/19/2014 Vendor: 125038 H 8r H DATA SERVICES INC 1310 W EBSTER AVE FORT COLLINS CO 80524 PO Number Page 9141655 1 1of2 This number must appear on all invoices, packing silos labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 03/18/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 H&H Proposal#1309011-M Senior Center Remodel Project Terms and Conditions per Services Agreement awarded per City of Fort Collins Bid# 7007-Cabling Installation. 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 5,466.90 Tota I Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 e Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tex exemptions. By statute ne Ciry of Fon Collins is exempt from sale and local taxes. Om Exemption Numher is 11. NONWAIVER. 98-04502, Federal Exam Tax Exemption Cadificak of Registry 84-6000582 is registered with the Collector of Failare of the Purchaser to most upon strict Performance of the mots add conaddians hereof, failure or delay to Imemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify roe Seller in the event of a breach, the acceptance of or payment for goods hereunder or unproven of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped w due to defak of any of toe waaranties or obligations of this purchse order and shall not be deemed a waiver of any right of the damage in transit, may be rearmed to you far credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless inmmnlons from me City of Pull Collis. of when shipped, received or accepted, u to any prior or subsequent default hereunder, nor shall any purpone d oral modification or rescission of this purchase order by the Purchaser opera , az a waiver of any of the terms Inspection, GOODS are subject to Be City of Fan Collins inspection on arrival. hereof Final Acceptaee. Receipt of the merchandise, services or equipment in response to this order on result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of For Collins. However, it is to be understood that FINAL mharr. Seller and We purchaser raognize tam in actual cc is procure, ovges ..In, fair. antitrust ACCEPTANCE is depeammt upon completion ofail applicable required inspection procedures, violations are in fact borne by the Pmchser. Theretofore, far good case and as mnsideadmir for exceeding Nis purchase area, the Sella hereby stags to flax Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments rest be F.O.D., City of Full Collins,'/o0 Wood St. Fiat Collis, CO 80522, unless acquia d under federal a state antitrust laws for such overcharges relating to We paniculm grads or services otherwise specified on this order. If petmission is given to prepay freight and charge separately, the original freight purchaud or acquired by the Purchaser pursuant to this purchase ordl bill must accompany invoice. Additional mattes for packing will nor be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing prink in sammus pans of the country, shipment is tribe Purchaser dimen the Seller to cancer nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser end the Seller, and the Seller thereafter indicates its inability or unw,11muneas to comply, the Purchaser shipments are made from greater distance. may cause toe work ro be performed by the most expeditions means mailable to it, and the Seller shall pay all casts a sivised with such work. Pmnik. Seller shall procure at sellers sole coal all ne,ssary permits, ter ifreates and licenses around by all applicable laws, regulation, ordinances and rules of the sate, municipality, terrimry w political subdivision where The Sella shall micas, the Purchaser and its commetors of any tier from all liability and claims of any stare the calk is pinfiff anted, or required by my other duly amexamted public auraadty having jurisdiction over Be work resulting from the performoance ofsuch wort:. of vendor. Seller Binder success no hold But City of Fort Collins harmless from and agaisr all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulation, ordinances, who This release shall apply even in the event of fault of negligeae of the parry released and shall extend to the and rryuiremems. directors, ollittrs and employees ofsuch party. Authorization. All parties m this contact agree that the mpresentarives ore, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits occepmnce to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed harem or incorporaed Intent by reference. Any additional or different mass and comfort. proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you ennoa make complete shipment to wave on your promised delivery date as noted. Time is of the essence. Delivery and pert ama most be elfcned within th, time stated on the purchase order and the decoments attached hereto. No an of the Purchasers including, without limitation, acceptance of partial Wee deliveries. shall operate as a waiver of this provision. In the event of my delay, the Puchaer shall have, in addition to other legal and equitable mmediea, the option ofplacing this order elsewhere and holding are Seller liable for damages. However, foe 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 Nutt of negligence, such .,is of God, acts of civil m military w1hod0es, 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) drys of the time when the Seller first received knowledge thenof In the event of any such delay, the date of delivery shall be extended for the paned egml to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants, Wet all tones, articles, materials and work covered by this or will confirm with applicable drawings, speaftearions, samples moor other descriptions given, will be ft far We purposes intended, and paginated! with ne highest degree of pre and compaevee in accordance win accepted standards for work of a similar ware. The Seller agrees to hold the purchaser harmless tram any lass, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of waamnty. The Sella shall replan, repair or make good, without cost to are purchamq any defects or Dolts arising within one (I) year or within such longer period of time as may be prescribe by law or by the teams of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by are Seller. Acceptance or use of goods by fire Purchaser shall not onstitute a waiver of any claim under this warranty. Except as imawiu provided in Nis purchase aide,. he Sellers liability hereunder shall extend to all damages proximately caused by the beach of any of the foregoing wanantien or gumantns, but such liability shall in no event include loss of pmfik or loss of one. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make change to legal Irns by can oar change order. 5. CHANGES W COMMERCIAL TERMS. The Purchaser may make any changes to the tens, other than legal terms, including addition to or deletions from the mmines originally ordered in dun epecifcations or drawings, by verbal or women change order. If any such change affects the amount due or the time of perf armace hereunder, an equitable adjostment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, temdnam this agreement ne to any w all pa Lions of the goads then not shipped, subject to any equitable adjustment between the parties in to any wad or materials then in progress provided that the Pannonia shall not be liable for my claims for anticipated profile on the vauomplaM portion of fe goads andA, work, for incidental or camequmtial dmaga, read that vo such edjos anew be made in favor of foe Sella with respect to any good which are the Sellers standard stock. No such tennimtion shall relieve the Purchaser or the Seller army aftheir obligamea as to my good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most he asserted within fury, (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants tat all good sold hereunder shall have ban produced, sold, delivered and famished in stain compliance with col applicable laws end regulations to which the good are subject. The Seller shall execute and deliver such documents as may he required as effect w evidence complinner. All laws and regulecias required ro he incorporated in agreements of this chamcces ae hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purehasa hennlas from all cots and damages suffcmd by the Purchase as a result of the Sellers failure to comply who each B. 9. ASSIGNMENT. Neither parry, shall assign, transfer, or convey this order, or any mania due or to become due hereunder without the Prior wrirle r consent of We other party. 10. TITLE. The Seller warrants Bill, clear and unrestricted one to the Purchaser for all equipment, awards, and items famished in performance of this agreement, fare and clear of any and all lies, restrictions, resmmions, security, interest encumbrances and claims of ofers. The Sellers contractual obligations, including watmnry, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perfa wal by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process cos'ered by letter, parent, tradearad or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such parented design, device, mctedal or process in connection with the contract, add shall indemnify the Purchaser for any rest. expense or damage which it may he obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In cue said equipment, or my pan thereof or the intended use of foe good, is in such suit held to coaktimm infringement and are zee of said equipment or prat is enjoined, the Seller shall, at its own expense and at its option, either promre for the Panama the right to continue sing said equipment or pans, replace the same with substantially equal but noninGtnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bufdrupL make an assignment for the benefit of creditors, appainr a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Purchaser without liability. I& GOVERNING LAW. The definidos ofterns awd or We intetprearion ofthe agreement rob the rights of all ponies hereunder shall be numbered under and govemnd by the taus ofthe Sate ofColo rde, USA. The following Additional Conditions apply only in taus where the Seller is to pe ifi on work heremda, including the smite of5dlm R,presenative(s), on the premises ofotaers. 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 use of any accident, destruction or injury to the work andim materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of We Purchaser. When materials and equipment we frmishcd by offers for in allation or emotion by far Sella, the Sella shall receive, urJoad, store and Randle ante at fe site and become responsible nerefor ns though such materials soldier equipment were being fumishal by the Sella mda the ma. I B. INSURANCE. The Sella shall, at his awn expense, provide for the payment of winders campesmion, italnding Occupational disease benefits, to its employees employed on or in correction with the work coveral by this purcbse order, andror Or their dependents in accordance with the laws of fe sate in which We work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, conrmerand and aufmobile public liability ins -a— with tnxthy injury and death limits of in least S3 .des* for any one person, $500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his omracmes, if any, m provide for such motanaaam a and insurance, Before my of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall mount the Purchaser with a ceidfi.1, that such compemvtion and insurance have been provided Such catificmew shall specify the dam when such compensation and insurance have been provided. Such cenifieates shall specify the date when such comparomon and isunurce expires. The Seller ogees and such campeareation and inuraoce shall be tnvinmined mail a0a are retire work is compinal and accept 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby centuries the entice mooreibiliry and liabilityfor any and all damage, loss or injury ofany kind or varare whmsnver to parsecs or property cased by or resulting from the execution ofrhe wads provided for in this purchase order w in connection fierewirh. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers offli agents and employee 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 Purchase may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against are Purchaser, or its officers, agents or employees at any time on accost or by sawn of any net, action, medial, omission or default of the Sella of my of his contractors or any of its or data of arms, agents a employes as aforesaid, the Seller hmby agrees W auume ne data. hereof and to defend We same or do, Sellers own expense, to pay any and all cask, charges, moseys fur and other expenses, any card all judgments that may be incurred by or obtained against the Prommer or any of its or area officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be, placed upon or .blamed against the Property of this Parchseq w said panirs in or s a result of such suits err other proof ings, foe Sella will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Sella and his commcmrs shall take all safety Instructions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, foe Occupational Safety and Ihealth Act of 1970 and all mles and regulation issued pursuant thereto. Revised 032010