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HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9144531City of Fort Collins Date: 08/07/2014 Vendor: 125038 H & H DATA SERVICES INC 1310 WEBSTER AVE FORT COLLINS CO 80524 PURCHASE ORDER PO Number Page 9144531 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: MIS CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 08/06/2014 Buyer: ED BONNETTE Note: PER 7615 CABLING INSTALLATION SERVICES CONTRACT WITH H&H DATA, AND ATTACHED WO SIGNED 8-6-14. Line Description Quantity UOM Unit Price Extended Ordered Price t H&H Proposal#1406006-1 1 LOT LS 5,374.67 SERVER ROOM TO LAB FIBER 2 H&H Proposal#1407014-1 1 LOT LS 2,367.93 CHW DATA CENTER OM3 FIBER 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.00m $7,742.60 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I L NON WAIVER. 9844502. Federal Excise Tax Exemption Cenibcate of Registry 84-6000587 is registered with the Collects, of Failure of the Purchaser to insist upon strict performance of the temu and condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any rights or remedies Famished herein or by law, failure to promptty notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall rot release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defer, of any of the warranties or obligations of this purchase order and shall not be deemed a waive, of any right sit damage in transit, may be returned to yow fir credit and are not to be replaced except upon mceipt of written purchaser to insist upon strict performance loomfor any of its rights or remedies as to any such goals. regardless instructions from the Ciry, of Fan Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oil modification or rescission of this pntchase order by the Purchaser operate as a waiver of my of the firms Inspection. GOODS art subject to the City of Fort Caillm inspection on animal. hereof. Final Acceptance. Receipt of the merchandise, semces or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fan Collins. However, it is m be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, oveuM1arges resulting from amimaat ACCEPTANCE is dependent upon completion of al I applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, fogood cause and is consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most M F.O.B., City of Fort Collins, 300 Wood St, Fon Collins, CO 80522, unless acquired under federal or state antimnt laws for such overcharges calming to the particular good or smite, otherwise specified on this omkr. Ifpcoamnion is gh'm to prepay freight and charge separately, the original f right purchased or acquired by the Purchaser pursuant to this purchase order. bill mast accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment manufacturers ho pairs of s uion If the purchaser ecn r, by a less t0 be agreed the Seller to coned nonconforming m defecity dridistributingiad ears roam a neamere refight dulowd Invoice w n expected from the nearest distribution point to destination, and excess freight will be deducted lion Invoice when comply, the Purchaser or a Porch and the Seller, and the Seller therea@s indicates its inability or unwillingness Purchaser a a shipments art made from greater distance. d may cause the work to ch pert N by the most expeditious means available to it, and the Seller shall pay all taus costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary Facial, cenifiores and licenses by well subdivision ordinances and rules of the situ municipality, or political subdivision where applicable laws, reged, The Seller shall the Purchaser and its contactors of any tier from all liability and claims of any nature by a authorityh required by anyother duly gjurisdiction over the work the work is performed, or fi, publicauthority resulting Sam 'he performanm ofsuch work. a performance Too Collinse) r and in vrndob Seller further agrees to hold the City of Too Cohof re, s from as, against all liability and loss incurred by them by reason of w asserted of established violation of nny such laws, regulations, oakinance,, ales rand Thus release shall apply e'en in the event of fault of negligence Of the parry release) and shall extend to the requirrnren,. directors, of<ers and employees ofsuch parry. Authorization. All panirs to this contran agme that the rep rsenmtivn are, in fact, bona fide and possess full and omplee authority to bind said ponies. LIMITATION OF TERMS. This purchase Dole, expressly limits acceptance to the terms and conditions states[ herein set forth and any supplementary or additional terms and conditions annexed herein or dnsamoratud brain by beferval Any additional or different tears wd conditions propveed by seller out ob riubd to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou conrur make complete shipment to amve on your promised delivery data as noted. Time is of the essence, Delivery and performance must be affected within the time stated an the purchase order and the documents attached hotel.. No tic, of the Purchasers im,hu ing, without limitation, acceptance of partial late deliveries, shall operate m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition 1. other legal and available remedies, the option of placing this order elsewhere and holding the Saner liable for )outages. Imwever, the Seller shall rat be liable far damages m a resat of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acls of God, acts of civil or military authorities, goourammuil priorities, fires, stakes, flood, epidemics, wars or rim, provided that notice of the conditions causing such delay is given tothe 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 &[wary shall M extended for the herded aqua) to the time actually last by rtawn of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, marinade and work covered by this order will amfomr with applicable dmw'inge, specifications, samples and/or filer descriptions given, will be to 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 bold the purchaser harmless from any loss, damage or expense which the paraM1aar may sutler or incur on account ofthe Sellers branch of wartanry. The Seller shall replace, repair or make good, without cos, to the purchaser, any defecs or fauns taking wiW n one (1) yen, Or within such longer period of time as may be prescribed by law Or by the terns of my applicable warranty provided by the Seller after the dam of ece,ema a of the goads rumished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materiels furnished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver Or any claim under this warranty. Except ns otherwise pmvided in this purchase maker, the Sellers liability hereunder shall extend t0 all damages proximately caused by the breach of any of the foregoing warmntics ar guarantees, but such liability del N no event include Ins of profits Or loss of ran. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal corms by written change order. +. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes to the terms, other than legal tens, including tenuous to or deletions fmm me quantities originally ordered in the specifications or drawings, by veAal or women change order. If any such change affects the amount due or the time ofperfnnnance hereunder, an equiable adjostmenuhail be made. 6. TERMINATIONS. The Purchaer may at any time by wfiam change odor, marrinate this agreement as to any or all partioas of the goods then not shipped, subject to my equitable adjecament Nieves the panics as to any work or malefid then in progress ....tried dol the Purchaer shall mat be liable far any claims for sntiei Bated profs oa the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjummem be made in favor of fie Seller with reopen m any grads which are the Sellers standard slack. No such lamination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjmrmet mat ho asserted within thirty (30) days farm the )ate the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller wain, that all good sold hoarder shall have been produced, sold, delivered and famished in strict compliance with ell applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be limit to effect Or evidence compliance. All laws and regulations r quimd to be incorporated in optics nul of this character arc hereby incorporated herein by this marence. The, Seller agrees to indemnify and hold the Purchaser barmlres from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or compy this order, or any monies due or to become due hereunder without the Prior won" consent affin other perry. 10. TITLE. The Seller warrens full, clear and unrestricted tide tome Purchaser for all equipment, nationals, and items famished in performance of this agreement free and clear of any and all lies, restrictions, reservations, security interest emumbro me, and claims efolhers. The Sellers contractual obligations, including wamanry, shall not M deemed to be reduced, in any way, la caue such work is performed or caused to be performed by the Proclaim, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, portal, trademark copyright, the Setter shall indemnify and save homeless rho Purchaser Form my and all claims for infringement by reason of the use of much plocated deign, device, marina[ or process in mmncetion with the contract and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement ar any time dunng the p,a... man 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 constitute infringement and Ile, use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure far the Parchment the fight to continue using said e,cipmrnt or parts, replace the same with subsrantiaRy equal but ands fringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shill become insolvent or bankrupt, make an assignment for the benefit Of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Potential without liability. 16. GOVERNING LAW. The definitions of terms mail or the interpretation ofthe agreement and me rights of all panic horeunder shall be, construed under and governed by the laws of the Sure VFCOlorsda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including fie senievs ofS,11. Riclumm etive(s), oa fe pronises ef.thars. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work err Sellers own risk until the same is fully complacd and accepted, and shall, im se of any accident destmeam or injury to the work andor materials before Sellers final completion and eceptamcr, complain the work at Sella', own expense and to the satisfaction Of the Pu¢hmer. When materials and equipment are furdehed by others for installation or erection by the Sever, the Seiler shall receive, unload store and handle same at the site and become responsible therefor as Jmugh such charcoals endrs, equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his Own expense, provide for the payment Of walkers compensmion, including weitlatic ul disease baneful, to its employees employed on or in connection with the work enacted by this putuhasc order, market to their depending, in accordance with the laws of me state in which Bob work is to be done. The Seller shall also carry comprehetsiea general liability including. but not limited to, contractual and aummobile public liability insurance with bodily injury and death limits of at least 5300,n00 for any one person, 5500,000 for any onaccident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to pmvide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall Roush the Purchaser with a cenincate that such compensation and insurance have been provided Such cenifimrm shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such comprnsauon and insummc expires. The Seller agree that such mmprnsmion and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whaial to persons or property caused by Or resulting from era execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and Mid formless the Punctual and any r all of the Purchasers often, agents 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 Purchaser may M put or subject by reason of any act, action, n iden, omission Or default on the pan Of the Seller, tiny of his contractors, Or my of no Sellers or contractors ofcens, agents or employees. In case my suit or Other proceedings shall M brought against the Purchaser, or its mfcars, agents or employees at any time on account or by moon of any eel, actis,t s,gilml, omission or default of the Seller of any of his mnuactors ar any of its or their afters, agents or employees as aforesaid, the Seller hereby agrees in assume the defense dons f and to defend the same at the Sellers own expense, to pay my and all ears. 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 often, agents or employees in such suits or other proceedings, and in case judgment or other lien be plated upon or Obtained against the prupeny of the Normal or said parties in or as a result of such suits Or other proceedings, the Seller will at watt cause the same to be dissolved and discharged by gimm, bad or whi mice. The Seller and his corrosion shill take all safety Precautions, finish and items[] all guard necessary for tM prevention of accidmrs, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all ales and regulations issued pursuant therein. Revised 09R014