HomeMy WebLinkAbout125038 H & H DATA SERVICES INC - PURCHASE ORDER - 9150142Fort Collins
Date: 01/09/2015
Vendor: 125038
H & H DATA SERVICES INC
1310 WEBSTER AVE
FORT COLLINS CO 80524
PURCHASE ORDER
PO Number Page
9150142 10f2
This number must appear
on all invoices, packing
sli i and labels.
I
Ship To: MIS
CITY OF FORT COLLINS
215 N MASON, 3RD FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 01/08/2015 Buyer: ED BONNETTE
Note: PER 7615 CABLING INSTALLATION SERVICES CONTRACT AWARD TO H&H DATA
SERVICES, AND SIGNED WORK ORDER #1412012 PHASE 1, 2,3 (ATTACHED)..
Line Description Quantity UOM Unit Price Extended
Ordered Price
i H&H Data Proposal#1412012 1 LOT LS 1,488.17
PHASE 1-CMO REMODEL
2 H&H Data Proposal#1412012
PHASE 2-CMO REMODEL
3 H&H Data Proposal#1412012
PHASE 3-CMO REMODEL
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@fogov.com
1 LOT LS
1 LOT LS
4,025.66
1,434.86
Total
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. COMMERCW.DETAIIS.
Tax exemptions. By statute the City of Fort Collins is exempt from stare and local uses. Our Exemption Number is
11. NONWAIVER
98-04502. Federal Excise Tax Exemption Carificatr, of Registry 84-60oo587 is regideral with be Collector of
Failure ofthe Purchaser to inadw upon strict perfmmmre ofthe terms and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sumtes 1923, Chapter 39-26. 114 (a).
exercise any rights or tunalics Provided herein w by law, failure to promptly notify the Seller in the event of a
breach, fe acceptance of or p.Meet fur goods hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due an fuildrc to meet specifications, either when shipped or due to defects of
any ofthe warranties or obligations of this purchase order and shall net be deemed a waiver of any right of the
damage in Oman may be returned to you for credit and are not to be replaced except upon receipt of wrinen
Purchaser W insist upon strict performance hereof or any of its rights a remedies as to any such goods, regardless
instructions from the City of Fort Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor skull any included
oral modification or rescission of this purchase order by the Purchaser ope mte as a waiver of any ofthe terms
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, saden or equipment in mponsr to this order can mutt in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
autboeved payment on the pan of fe City of Fort Collins. However, it is to be understood that FINAL
Seller and the Purchaser recognize that in actual economic France,erge covcharresulting from antitrust
ACCEPTANCE is dependent upon completion ofall applicable taloned inspection procedures.
violations are in fact borne by the purchases. Theretofore, forgoodante and as consideration for exemting this
purchase order, the Seller hereby auignes m the purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 900 Wood St., Fort Collins, CO 80522, unless
acquired trader federal or stem antiwar laws far such overcharges cluing to flue pawcW. good or samerx
otherwise spccified on this order. If permission is given to prepay, freight and charge separately, the original fight
purchased or acquired by the Purchaser pursuant to this purchase order,
bill must accompany invoice. Additional doctors for Musical will not be accepted.
Shipment Distance. Where manufacturers have distribudiog points in various pans ofthe country, shipment is
expected from the nearest distribution point t0 destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure m sellers sole cast all necessary permits, certificates and licenses required by all
applarable laws, regulations oNiwnces and rates ofthe sure, municipality, territory or political subdivision where
the work is performed, of required by any other duly constituted public authority, havingjursdiction over the work
of vendor. Seller funher agrees to hold the City of Fort Collins hmmlas from and against all liability and loss
incurred by them by reason of an assured or established violation of any such laws, regulations, oNirance s, roles
and nortneemens.
Authorization. All parties to Nis contract agree that fe representatives are, in had. bum fide and possess fill and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions wtamd
herein set firth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by
reference. Any additional or diRermuews and conditions proposed by seller are obated to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to artier on your
promised delivery dare as noted. Time is of the entrance. Delivery and performance most be effe red within be time
stated on de purchase order and the documents attached hereto. No acts of fe Purchasers including, without
limitation, weemse ce, of partial late &Uveda, shall operate as a waiver of this pmvrslon. In the Bent ofany May,
the purchaser shall have, W addition to other legal and equitable remedies, the option o17plaedng this order elsewhere
aW Mid,, the Seller liable few damages. However, the Sella shall rat be liable for damage as a result of delays
due to causes nor reasonably foreseeable which rare beyond its reasonable control and without its fault ofnegligmce,
such mu of God, acts ofeivil or military authorities, govermnmml priorities, fires, strtss, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge fercof. In the event of any such delay, the date of delivery shall be
extended for the periW equal to the time actnally lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants but all goods, elides, materials and work covered by fit order will of.. with applicable
drawings, specifications, samples mhNor other deunptous given, will be fit for she purposes intended, erW
Performed with the hipped degree of eau and competence in acco bola, with accepted standards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage, or expense which fe
Purchaser may suff or inmr an account of the Sellers beach of wurounty. The Sciler shall replacc, repair or rake
good, nabob cod to the purchaser, any defeat or faults arising within one (1) year or within such longer period of
time as may W pracnbed by law or by she terns ofmy.,liable warranty provided by the Seller after the date of
acceptance ofthe goods famished hereunder (accrosmee not to be unreasonably delayed), rewhing from imperfect
or detective work done or matedalk tumbled by the Seller. Accrltonce or rase of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damage proximately round by the breach of any of the foregoing wamentia
or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purchaser may crake changes w legal tends by wriman change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the team, ofer tan legal termw including additions to or &Idiom from
the quantities originally ordered in the specificamns or drawings, by vrNal or wrinen change order. If any such
changr. dfiects fe anumm due or the time ofihfifotman. hereunder. an e9uitable wjmtmmt shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the
good then not shipped, subject to any excitable adjustment bnween the panda as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted
portion ofthe good aw/ar work, for incidental or consequential damages, and that no such wjwroment be made in
favor of fe Seller with respect m any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any offeir obligations as Io any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim fro adjustment most be asserted widuct dirty (30) daYs from elm date the change or tear moon is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have ban proctorial, sold, delivered and furnished in strict
compliance with all applicable laws and regulations m which the good 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
ncorporamd in agreements of this character arc hereby marinaded herein by this reference. The Seller agrees to
indemnify and hold the Purchaser hawlen from all costs and damages suffered by the Purchaser as a result of the
Sellers failure m comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey fis order, or any monies due or m become due hereunder without the
prior winners .1 ofthe over perry.
10. TITLE
The Seller warrants full, clear and marestricted tite W the Purchaser for all equipment. materials, and items fmuhal
in at... 0f mix agreementi free rand cheer of any and all Item, rarnnimn, reserve ima, sauriy momest
encumbrances and claims of of ws.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness m comply, the Purchaser
may cause the work to be performed by fe most expeditious means available t0 it, and the Seller shall pay all
costs associated with such work.
The Sella shall release the Purchaser and its cammea rs of my tire from all liabiliy and claims of any wtuee
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, alficers and employees of such party.
The Sellers contractual obligations, including warranty, shall not be dermal to M reduced, in any way, because
such work is performed or caused to M performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, motenal or process in direction with the contract, and
shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or add fe completion ofthe work. In case said equipment, or
any fan thadifor the Intended use of the good, is W such suit held to constitute infringement and the use of
said equipment or part a ropmed, the Seller shall, at its own expense arW at its option. either P.. fro the
Purchaser the right m continue using said equipment or parts, replace the more with substantially equal but
rroninlnnging equilare , or modify it so it becomes nanivfringirt,
15. INSOLVENCY.
If the Seller shall became insolvent or bankmpt, make an assignment for the bmeftt of creditors, appoint a
ar trustre for any of the Sellers property or business, Nis We, may foMwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
consumed under and governed by the laws ofthe Sure of Colorado, USA.
The, following Additional Conditions apply only w rasa when the Seller is m perfow work hereunder,
including the services of Sellers Rep ddro the s), oa the premises eftmhers.
19. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work 91 Selled own risk.. the same is fully sampan and accepted, and shall,
in se of any accident, ck wetim at injury to the work andfr materials bef Sellers foal completion and
acceptance, complete the work at Sellers own exparsse and w the satisfaction ofthe Purchaser. When materials
and equipment are furnished by others for installation or erection by the Seller{ fe Seller shall receive, unload,
stare and handle same at the site and become responsible therefor as though such materials aw Vor equipment
were being fumishw by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, inducting radiational
disease brnefhrs, m its rmployres employed on or in convection with the work covered by this pruchau order.
anNor m fees depeWmts in accordance with the laws of the sate in which the work is W be dorm. The Seller
shall also cam comprehersivr moeed hadid, in ludin, but riot limited on. commercial and automobile public
liability insurance with badily injury and death limits of ar lest SIDgOW for any one person, S500,00o fro any
one accident and pmpedy damage limit per accident of S,1WdD)0. The Seller shall likewise require his
contactors, if-, to provide for such compersation and in... Before any, of the Sellers or his contractors
employees shall do any work upon the premises of ohers, the Seller shall furnish the Purchaser with a ccnificam
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 compenation
and insurance expire. 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 aaumes tre entire responsibility raw liability for my and all damage, loss or injury of any kind
r nature whatsoever to persons or Property, caused by or restating from the execution fthe work provided fir in
flux purchase order or in connection herewith. The Seller will indemnify and bold harrnlen the Purchaser and any
r all of d, Purchaers olBcers, agents and employees fiorn and against any and all claims, loam, damages,
charges or expenses, whMer direct or iWirtt, and whether m prisms or property, to which the Purchaser may
M put or subject by reason of any act action, neglect, omission or default on fe pad of de, Seller, any of his
ronwctars, or my of the Sellers or contractors of irds, agents or employers. In case my suit or other
proceedings shall be brought against the P oodrea r, or its offlan, agents or employees at my time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his convectors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees and other expenses,
my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers,
agents or employers in such suits or other proceedings, and in case judgment or office Jim be placed upon or
obtained against the progeny ofthe Purchaser, or said parties in or as a result ofsuch suits or other proceedings,
the Seller will at once erase dae same m be dissolved and dischaegal by giving bond or otherwise. The Seller and
his rontraccom shall take all salary precautions, famish and instill all guard necessary for the Jorda ian of
accidents —ply with all laws and regulations with regard W "fey including, but without limitation, the
Occupational Safety and Health Ad of 1990 and all rules and regulation issued forward thereto.
Revised 07n(i