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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9143169Fort Collins Date: 06/09/2014 PURCHASE ORDER PO Number Page 9143169 1of2 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: 06/09/2014 Buyer: ED BONNETTE Note: PER H&H DATA SERVICES CONTRACT FOR 7615 CABLING INSTALLATION SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price H&H Proposal#1312009-1A 1 LOT LS 14,956.56 200 W MOUNTAIN 2 H&H Proposal#1312009-B 1 LOT LS 20,958.31 212 W MOUNTAIN 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 $35,914.87 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of For Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collecmr of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26, 114 (a). Good Rejected. GOODS REJECTED due an failure an meet spaifications, either when shipped or due to defects of damage in honsit may be returned to You for credit and art not to be replaced except upon raeipt of written instructions fmm the City of Fart Collins. Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. Final Acceptance. Receipt of The merchandise, services r equipment in response to this order can result in authorized payment on the par of the City of of FoCollins. However, it h to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Can Collins, Told Woad St. Fort Collins, CO 90522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted Shipment Distance. Where manubmnrers bare disaibming points in various parrs of the country, shipment is expected from the nearest distribution point to destiwtion, and excess fric to will IN, deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure of sellers sole cast all am., permi¢, Geri&men and license required by all applicable laws, regulations, ordinances and rates of the state, municipality, Bravery or political subdivision where the work is pnfomrnl, or required by any other duly comlimmal Public nutM1onry hoviti,condicti.n over the work or vendor. Seller pother agrees to bald the City of Fan Collins harmless from and against all liability tint Inns incurred by Ihem by reason of an assumed or established violation of any such laws, regulations, ordinances, roles and requirements. Anticlimactic.. All panics to Nix comment agree That the 11maentaives are, in fact, bona fide and Possess fun and oen dem aurhodry 1. bind said parie. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the ram¢ and conditions accord herein set forth and any supplementary or additional ernes and conditions armexed hero. or incom riled herein by reference. Any additional Or Offerenl ,,runs send conditions proposal by series are obystu d to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to maw on your promised delivery dam as fired. Time is of the econ— Delivery, and performance must be eReeed within the time sated on she purchase order and Or documents attached herem. No no of the Purchasers including, without limimtim , acceptance nfyamial late deliveri i, shall apemen ss a waiver of this Provision. In the Want crony delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Ilmves'er, the Seller shill not be liable for damages as a result ofdelays due In rouses not reasonably mar,mable which are beyond its reasonable control and without its fault at negligence, such aces ofG.d. stets of civil or military authorities. Kfiverama n al priorities, fires, strikes, Rood, epidemics, wax or riots provided that police 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 In the event of any such delay, the date of &hoary shall be extended for me period equal to the time scoully lost by re.son.rule delay. 3. WARRANTY. The Seller warrants that all goods, amides, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other deniptionx given, will be fit fur the purposes intended, and perforated with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. 'I he Seller agrees to hold the purchaser harmleas from any loss, damage or expense which the Purchaser may super or incur on account of the Sellers breach of warranty. The Sella shall replace, repair or make good, without cost his me purchaser, any def tt or faults arising within one (I) year or within such longer period of time ss may he preuribel by law or by the terms of my applicable wamnly provided by the Sella after the date of acceptance of the goods furoiehed hereunder (acceptance not to be urueasombly delayed), resulting from imperfat or defective work done or materials tumished by the Seller, Acapmnce or use of goods by the Purchaser shall not constitute a waiver of any claim under this warenty. Except as otherwise provided III this purchase order, the Sellers liability hereunder shall extend to at I damages wersimmely caused by the breach of any of the bargain, wapdnties or guarantees, but such liability shall in no event include loss of PmBis or toss of we, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Puchaer may make changes to legal lea¢ by wai0en change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser, may motor any changes to the teals, other than legal lams, Indmim, mantras to or definition from the 'mandoes originally nNered in the specillcuion, or drawings, by verbal or written change other. If :my salt change i fiec6 the amount due or the time ofpedotm .fir hereunder, an egumble adjustment shall be made. 6. TERMINATIONS. The Purachares may at any time by wracten change order, terminate this agreement an to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties in to any work or materials than in progress provided that the Purchaser Shull not be liable for tiny claims for anticipated profits on the uncompleted potion of the goads and/or work, far incidental or consequential damages, and that na such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller ofany of their obligations ns to any goad delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment mud M ussened within Body (30) days from the date the change art termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wapanb that all goofs sold Ircrrunder shall have been pastured, sold, delivered and Finished in strict compliance with all applicable laws and regularities in which the goods are subject. The Seller shall execute and deliver such documents as may be acquired to effect or evidence compliance. All laws and regulations required to he ncorpomted in agreements of this character are hereby uncontaminated herein by this reference. The Seller agree m indemnify and hold the Purchaser harmless fmm all cases and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, transfer, or convey this aide,, many monies due or m become due hereunder withuvuhe print written consent afthe other eery. 10. TFILE The Seller weart full. clear and tuuarriced title to the Purchaer far all equipment, materials, and an. f ished in performance of this agreeent freeand clear of any and all hear, moulaiom reservations, security interest encumbrancem s and claims of.mars. I L NON WAIVER. Failure of the Purchaser to insist upon suict performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure unmanly notify the Seller in the event of a rt c bM1 ereedieillthe acceptance offer payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this poorhouse order end shall not be deemed a waiver of any right of the purchaser to insist upon sooner performance Former or any of its rights or remedies or to any such goods, regular-, of when shipped, received or accepted, as to any prior or subsequent default hemundea nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the terms hereof. 12, ASSIGNMENT OF ANTITRUSICLAIMS. Seller and the Purchaser reeognize Nat in actual economic practice, o erchatges resulting from antitrust violations am in fact home by the Purchaser. Theretofore for gold cause and as consideration for executing this purchase order, the Seller hereby assign, to the Perchaer any and all claims it may raw hao, or hrmaftm acquired under federal or stem aminnst laws fir such overcharges relating to the poniculas gwds or services purchased or acquired by due Purchaser pursuant to this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. tribe Purchaser drivers the Seller to correct nonconforming or defective good by a date to be agreed upon by the Purchssrr, and the Seller, and the Seller thereafter mdicmas its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means mailable to it, and the Seller shall Pay all costs associated with such work. The Seller shall release the Purchaser and its rentracrars of any tier fmm all liability and claims of any noture resulting from the performance ofauch work. This release shall apply even in the even) of fault of negligence of me pony released and shall extend to the directors, oflicers and employees of such party. The SdIres communist obligations, including warranty, shall rest be deemed to be reduced, in any way, because such work is pnfonned or caused to be performed by the Purchaser. 14. PATENT S. Whenever the Seller is required hs areany design, device, mnleri it or process covered by liner, pule.,, trademark Or copyright, the Seller shall indemnify and save hnnnless the Purchase from any and all claims for infringement by reason of the sex of such patented design, device, material or process in connection with the contract, and shall indemnify the Pumhaur Or any cast expense or damage which it may be obliged In pay by lesson of such inGngement at any time during the pmeecution or after the completion of the work. In rase Said equipment, or any pan thereof or the intended use of Ne goods, is in such suit held to constitute infringement and the use of said equiPmem or pan is enjoined, the Seller shall, at its own expense and or its option, eider procure for the Purchaser the right to continue using slid equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller dull become insolvent or bankrupt, make on assignment for the benefit of creditors, appoint a or wsme for any of the Sellers Owhi or business, Nis Order may forthwith be canceled by the Purchaer wilhom liability. 16. GOVERNING LAW. The definitions afrrrms used or the interpretation of fl a agreement and the rights of all parties hereunder shall be conspoed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Re uesenmrftimp), nn the premises efooas. Il. SELLERS RESPONSIBILITY, The Sella shall carry on said work an Sellers ova risk until the same is Billy completed and accepted, and shall, in se of any accident, destruction or injury to the work sulfur materials before SelleR final completion and acceptance, complete the work m Sellers awn expense and to the satisfaction of the Purchaser. When mmerials and equipment are fum¢bed by ounces for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials mdur equipment were being famished by the Seller under the abler. 18. INSURANCE. The Seller shoul, an his own expense, provide fix Or payment of workers compereartion, including occupauoned disease benefits, to its employees employed oat or in connection with the work covered by this purchase cNea 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 arty comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily Injury and death limits of or lest 5300,000 fur any one person, Sixonnou Or any e accident and property damage limit per accident of 5400,000. The Seller shall likewise require his conciseness, if any, to provide for such commeramin and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fumish the Purchases with a ple irrate that such compensation and imumnce have bran provided. Such mountains shall specify me data 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 compemation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROI'ECl'[ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire responsibility and liability for any and all damage, loss or injury orally kind r oamm whataoever to persons or property caused by or resulting from the execution afore work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Pmcbaxr and any r all of the Purchasers officers, agents and employees from and against any had all claims, losses, damages, chages or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason or any act, action, neglect, omission art default oa the pan of the Seller, any of his comments, or any of the Sellers or cuntmens, .Mae., agen6 or employee,, In cars, any suit or other proceedings shall be brought against the Enrchma, or its officers, agents or employees at any time on account or by reason of any act, action, neglet, omission or default of the Seller of any of his commctors or any of its or their officm, agents or employees in aforesaid, the Seller hereby agrees to assume the defense therm( and a defeed do, same at the Sellers own expense, to pay any add all casts, charges, morneys fees and poor expenses, any and all judgments oat may he inured by or obtained applies the Powhaser or any of its or their o1Rrers, agents or employees in such suits or other procadings, and in case judgment or other lien be placed upon or obtained against he property of the Purchaser, or said panies in or as a result of such suits or other pmceedimgs, the Seller will at once cause the some to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall lake all safely precautions, Flemish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safety including, but without limitatioq the OccuWtioml Safety and Health Act of 1990 and all ales and re adefias issued pursuant acme. Revised 032010