HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9147174Fort Collins
Date: 12/05/2014
Vendor: 125038
H & H DATA SERVICES INC
1310 WEBSTER AVE
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9147174 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS CO 80524
Delivery Date: 12/05/2014 Buyer: JOHN STEPHEN
Note:
Line
Description
Quantity UOM
Ordered
Unit Price Extended
Price
1 Gate Operations
Train Notification Project
PER TERMS AND CONDITIONS OF BID 8014
AND AGREEMENT DATED NOVEMBER 12, 2014
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.mm
1 LOT LS
59,140.15
Total
Pay terms net 30 days
Invoice Address:
140.15
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
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 1 I4 (a).
Good Rejected. GOODS REJECTED due m farlme m meet spaifimtiom, either when shipped or due 1. defects of
damage N transit may be retmoed to you for rndit and arc not no be replaced except upon receipt of written
inswctions from the City of Fort Collins.
Inspection. GOODS are subject a the City of Pon Collins inspection on parent.
Final Accepancx. Receipt of the merchandise, services
or equipment in response to this order c result in
authorized payment on the Pan of the City of ran Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion oral applicable required inspection procedures.
Freight Terns. Shipments must h F.OD., City of Ton Cut[". 700 Woad St., Fort Collins, CO 80522, mless
otherwise specified on this order. if permission is given as prepay freight and charge separately the original freight
bill mast accompany invoice. Additional changes for packing will not to, snapted.
Shipment Distance Where mainfr m e. have distributing palms in various pars of the country, shipment is
expected form the nearest d,,mbntion point to destination, and excess freight will be deducted from Invoice when
shipments are made from greener distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, eartlficates and Imemes required by all
applicable laws, regulations, ordinances and roles of the state, municipality, temtory or political subdivision where
the work is performed, or required by any other duly romtimted public authority havingpi issiction over be work
of vendor. Seller further agrees to hold the City of Fort Calling hornless from and against all liability and lass
incurred by them by reason of. asserted or established violation of any such laws, regulatiom, ordinances, roles
and r yniremcnls.
Authorization. All parties to this contract agree that the represearbowes are, in fact, boon fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchme Order expressly limits acceptance m the moms and conditions sorted
herein set flub and any supplemmmry or additional terms and conditions annexed haeta or incorporated herein by
reference. Any additional or dIR t tents and conditios, proposed by seller are objecred to and hereby Pared.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immobility ifyou cannot make complete shipment to arrive on your
promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents altuch d hereto. No acts of the Purchasers including without
limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition in other legal and equitable remedies, the option of placing this order elsewhere
and holding be Seller liable for damages. However, me Sella stall rot be liable for damages as a result of delays
due to causes not reasonably f able which are Favored its reasonable cannot and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, govemmanml priorities, fires, strikes, Road, epidemics, wars or
tints provided mat notice of the mndaimss causing such delay is given coo be Purchaser within five (5) days of the
time when the Serer first received knowledge thereof In the event army such delay, be dam ordelivery Shan be
extended for the period qual to the time actually last by reason ofthe delay.
3. WARRANTY.
The Seller warrants but all good, articles, mo eriaB and work covered by this order will conform with applicable
drawings, specifications, samples mat other damn. give, will h fit for the p irpmes intended, and
performed wing the highest degree of cam and complence in mromdaree with accepted standard for work Of a
similar reture. The Seller agrees to held the purchaser haturd. form any loss, damage . expense which the
Purchaer may sulTcr or incur on account of the Sellers French of warranty. The Sella shall replan, repair or make
good, without cost to the purchase, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribe by law or by the terms of any applicable warranty provided by the Seller after the dam of
accepmnee of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except w 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 wamantias
or guamatas, but such liability shall tom event include loss ofprafits 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 to least terns by written change order
5. CHANGES IN COMMERCIAL TERMS.
The Pumhasa may make any changes to the terms, other than legal toms, including supports
oor deletions from
he raw cue quantities originally ordered m tspecifications or dings, by verbd or written changeouter. If any such
change alfeets the ..a., due oethe time ofperf aria hereunder. cont equitable adjostment shall has
6. TERMINATIONS.
The Purchaser may at any time by written change coda, terminate this agreement is to any or all portions of the
goods then act shipped, subject to any equitable adjustment between the panies as to any work or materials then in
progress provided mhot the Purchaser shall not be liable for any claims for smicipmed grafts on the uncompleted
portion of the goads and/ur work, for incidental or consequential damagea, and that no such adjustment be made in
favor of the Seller with respect to any good which art the Sellers standard stock. No such termination shall relieve
Ne Purchaser or the Seller fany oftheir olflk atiom m to any goods delivered hereenda.
J. CLALMS FOR ADJUSTMENT.
Any claim for adjustment must be anemd within Carry (30) days from the date the change or merminafion is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants that all Goads sold hereunder shell have been produced, sold, delivered and famished in stria
o n,liamce with all applicable laws end regulations in which me goad are subject. The Seller shall execute and
deliver such documents an may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character art hereby incorporated herein by Nis reference. The Sella agrees to
indemnify and hold be Purchaser hatless from all costs and damages suffered by me Purchaer an a result of the
Sellers failure to comply wing such law.
9. ASSIGNMENT.
Neither party shall assig, transfer, or convey this ode, or any monies due or to become due hereunder without he
prior written consent of the other party.
IO.TITLE.
The Sella warrants full, clear and amesuicted title m be Purchaser for all equipment, mmmids, end items famished
in performance of Nis agreement Dee and clear of any and all Item, rtsNetioos, resenations. searmy interst
encombousas and claims of.ther,
I L NON WAIVER.
Failure of the Purchaser to insist upon sWet performance of the terms and conditions hereof, failure or delay to
y rights or rem Wics provided herein or by law, failure to promptly notify the Seller in the event of a
breach�my
acceptance afor payment for goods hereunder Or approval of6m design, shall not release the Seller of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
parrchuer to insist upon strict pert ant generator any of its rights or remedies as to any such good,regardless
of when shipped, mcchmi or accepted, is to any pmar or subsequent default harmader, rim shall any poryorted
and modification or rescission of this pureM1xs, order by be Purchaser mail is a waiver of any of the terms
bean(.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize Nat in actual ecompric practice, overcharges resulting from antitrust
violations are in fact became by the Purchaser. Theretofore, for good came and as consideration for executing this
ptmliase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or spite antitrust laws for such overcharges reining to the particular goods of services
Purchased or azquved by the Functional pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purch era directs me Seller to correct nonconforming or defective goods by a dam to h agreed upon by the
P... Near and the Seller, and the Seller thereafa indicates its inability or unwillingness to comply, the Purchaser
may rouse the work m be performed by the most expeditious means available To it, and the Seller shall pay all
casts associated with such work.
The Seller shall releae the Purchaser and its contractors of any sea from all liability and dmms of any nature
resulting fro the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party mleated and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused ma be pafonmed by the Purchasa.
14. PATENTS.
Whenever the Sella is required to use any design, choice. mmmu or process coveted by letter, patent Iredemmk
or copyright, the Sella shall indemnify and save harmless the Purchase, from any sand all claims for infringement
by parprom of the one of such patented design, device, mammal or process in connection with the commn, and
shall indemnify me Purchaser for any cast, expense or damage which it may be obliged 1. 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 part thereof or the intended use of the goad, is in such suit held m constitute infringement and the use of
said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser be fight to continue using said equipment or pans, replace the same with substantially equal but
noninfdnging equipment, or modify it so it becomes nuninGnging.
15. INSOLVENCY.
If cue Sella shall become insolvent or bavkmpL make an assignment for the hneft of creditors, appoint a
civet or tmsme for any of the Sellers property or business, this order may forthwith he canceled by be
Pumhwer wimom liability.
16. GOVERNING LAW.
The definitions ofterms used or the interpretation of the agreement and Be rights of all panics hereunder shall be
communist under and gximphad by the laws ofthe Sate of Colorado, USA.
The following Additional Conditions apply only in cues where be Sella is to perform wog hereunder,
including the smicas ral'Sellers Representmivq's), on the pranises ofothers.
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 u of any accident, destruction or injury to the work a i materials before Sellers find completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are f isho by others for installation or erection by the Sella, be Seller shall mceive, unload,
store and handle same at the site and became responsible therefor as though such com ens, ardor equipment
were being furnished by the Sella under be order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compematien, including occupational
disease benefit, 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 done. The Seller
shall also carry comprehensive general liability including, but not limited to, commetual and automobile public
liability insurance with bodily injury and death limits of at least $300,000 for any one person, SSoo,000 for any
one accident and property damage limit per accident of S400,000. The Seller shut likewise require his
entmcmrs, if any, ten provide for such compensation and insurance. Before any of cue Sellers or his contractors
employers shall do any work upon the premises probe , cue saner slam f ish the Purchaser with a certifc rm
but such compassafion and insurance have been provided. Such nnif to shall specify the date when such
compensation and insurance have ban provided. Such ttnificata shall specify the dam when such compensation
and insurance expires. The Sella 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 Sella hereby assume, the etirt responsibility and liability for any and all damage, loss or injury army kind
or nature whapsona to persons or pro em, caused by or resulting mom be execution ofthe work pmvidcd for in
Nis purchase order or in mmano. herviah. The Sella will inderrwfy end hold harmless Ore Pumbam it any
or all of the Purchazcrs areas, agents and employees Item and agaimt any and all claims, lasses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to when me Forbearer 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 employees. In case any suit or other
proceedings shall be brought against the Purchases, or its officers, agent or employees at any time on account or
by reason or any act, action, neglect, omission or default of be Sella of any of his contractors or arty of its or
Nair officers, agents or employees is, aforesaid, cue Sella hereby agrees to assume the defame merer sod in
&knit be same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expresses,
any and all judgmmb but envy h incurred by or obtaino ii ament me Purchases ar any of its or their oMe.,
agents or employees in such suits or other proceedings, and in ease judgment or other lien h placed upon or
obtaino against Ne pmpeny, of the Purchase, or said panic in or u a result of such suits m omen proceedings,
the Sella will at once came the same to be dissolved and discharged by giving bond or oNerwne. The Seller and
his common, shall mks all szfay precautions, famish and install all guard necessary for Ne 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 roles and regulatiom issued pursuant thereto.
Revised 07n014