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HomeMy WebLinkAbout495291 AZAR'S WOODCRAFT INC - PURCHASE ORDER - 9116915City of Fo_rt Collins Date: 11/21/2011 Vendor: 495291 AZAR'S WOODCRAFT INC PURCHASE ORDER PO Number Page 9116915 1of3 This number must appear on all invoices, packing slips and labels. Ship To: PUBLIC LIBRARY (MAIN) 201 PETERSON ST FORT COLLINS Colorado 80524-2 Delivery Date: 11/21/2011 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Custom Furniture Stations Per Estimate# 1106 Includes: Nine (9) Custom Reference Jump Stations > Four (4) 30" High @ $4,620.76 each > Five( 5) 38" High @ $4,620.76 each Eight (8) Custom Self Check Stations: > All 30" High @ $2,525.00 each Twelve(12) Custom OPAC Stations: > Two (2) 30" High @ $852.00 each > Ten (10) 38" High @ $852.00 each Delivery & Installation: $600.00 Delivery Schedule: January 3-6, 2012 > Five (5) Custom Reference Jump Stations (1-30"H & 3-38"H) > Two (2) Custom Self Check Stations > Three (3) Custom OPAC Stations (1-30"H & 2-38"H) March 5, 2012 > Three(3) Custom Reference Jump Stations (2-30"H & 1-38"H) > Five (5) Custom OPAC Stations (3-30"H & 2-38"H) May 18, 2012 > Two (2) Custom Reference Jump Stations (1-30"H & 1-38"H) > Six (6) Custom Self Check Stations > Four (4) Custom OPAC Stations (1-30"H & 3-38"H) City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 72,286.84 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of 9116915 2 of 3 Coll ins This number must appear F6rt ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Invoice Address: $72,286.84 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise 'Fax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe lcnns and conditions hereof, failure or delay to Internal 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 the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not rule. the Seller of Gods Rejected. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of any of the mummies or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or rcnrdies as to any such goods, regardless instructions from the City of Fon Collins. of wlien shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral much fication or rescission of this purchase order by the Purchaser owmtc as a waiver of any of the terns Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptanm. Receipt of the merchandise, wrviccs or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofull applicable required inspection procedures. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purcfot, order, the Seller hereby assigns to the Purchaser any and ull claims it may now have or hncafler Freight Teats. Shipments must be F.O.H., City of Fart Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order If permission is given to prepay fright and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various pars of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to dntination, and excess freight will be deducted farm Invoice when Purchaser and the S,IIer, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance, nary cause the work to be perforated by the most expeditious means available to it, and the Seiler shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, vertificnes and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vector. Seller further agrees to hold the City of Fort Collins heartless from and against all liability and boss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlcs and requirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Ponchos, Order expressly limits acceptance to the terms and conditions stated hervin set forth and any supplemenary or additional toms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller art objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted Time is ofthe essence. Delivery and performance must be effected within the time stated on the purchaw order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofp ear iul late deliveries, shall operate as a muivcr ofthis provision. In the event of any delay, the Purchaser shall have, in uddition to other legal and equitable remedies, the option ofplacing This order elsewhere and holding the Seller liable for dunogm. Howcvcg the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligawe, such acts ofGd, acts of civil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wurs 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 thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be lit for the purples intended, and performed with the highest degree of caw and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such ]eager period of time as may be prescribed by Wsv or by the teats of uny applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be umcasenably delayed), resulting from imperfect or defective work done or mmnials furnished by the Seller. Acceptance or use 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 damages proximately caused by the breach of any of the foregoing warranties or guarantee,, but such liability shall in no event include loss of profits or loss muse. NO IMPLIED WA It RANTY OR MERCHAN'fA HI LITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser only make changes to legal terms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the wmu, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the umount due or the time ofperfommnce hereunder, an equitable adjustment 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 goats then not shipped, subject to any equitable adjustment between the panics w to any work or materials then in pmgress provided than the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted pinion ofthe guods and/or work, for incidental or consequential damages, and that no such adjustment be mode in favor of the Seller with respect to any goods which ate the Sellers standard stock. No such termination shall relieve the Pumhaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the call, the change or rectification is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods 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 incorporated in agreements of this character are hereby incorporated herein by this reverence. The Seller agrees to indemnify and hold the Purchaser harmless main all cuss and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to b tonic due hereunder without the prior written consent of the other party. IIF I'R E. The Seller imant, full, dear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in prformance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and is contractors of any tier from all liability and claims of any nature resulting fmm the performance of such work. This release shall apply even in the event of fault of negligence ofthe party released and shall exnmd to the directors, olTiccrs mid employees of such party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indenmi fy and sasc harmless the Purchaser from any and all clains for infringemem by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ot'such infringement at any time during the prosecution 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 the use of said equipment or part is enjoined, the Seller shall, at is own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfiinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall 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 Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the rights ofull parties hereunder shall be can,tmcd 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 ofSellers Reprewmative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall curry on said work at Scileev own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Sellets final completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. When materials and equipment are fumishcd by others for installation or erection by the Seiler, the Seller shall receive, unload, ,fore and handle sans at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seiler under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease bernefis, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependcns in accordance with the laws ofthe state in which the murk is to be dune. The Seller Shull also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of al least S300,000 for any one person, S500,000 for any one accident and propeny damage limit per accident of S400,000. The Seller shall likewise require his contractors, if ally, to provide for such compensation and insurance. Before any ofthe Sellers or his contractors employees shall du any work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and inseam ov 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 compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PRO'I EC'ION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all drainage, loss or injury of any kind or nature whatsoever to persons or pmperty caused by or resulting from the execution of the work provided for in this purchase order or in connection h rewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees front and against any and all claims, losses, damages, charges or expenses, whither direct or indirect, and whither to persons or property to which the Purchaser 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 Purchaser, or its oflicen, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its ar their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same al the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the propeny ofthe Purchaser, or said parties in or as a result ofstmh suits or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all lawty precautions, famish and install all guards ri=s ary for the 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 rules and regulations issued pursuant therclo. Revised 0312010