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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 3212224PURCHASE ORDER PO Number Page City Of///��� 3212224 t of z F6r} Collins This number must appear //_^,'`�-J�-' ` ` J on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 102722 Ship To: WATER UTILITIES OFFICESCAPES SCOTT RICE CITY OF FORT COLLINS 4950 S COLLEGE AVE SUITE A 700 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 2012 Blanket Order 1 LOT LS 25,000.00 Office Furniture C3. OYI�:sQs� 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: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxes. Our Excerption Number is 11. NONWAIVF,R. 98-041502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Failure of the Porehnscr to insist upon strict performance of the Isms 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 remcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hcrander or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be removed to you for credit and am not to be replaced except ninon receipt of wrtten purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prim or subsequent default hereunder, nor shall any purported oral modiEcarion or rescission of this parcle se order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Pon Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services 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 nndctsloul that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore. for good cause and as consideration for cxmoting this purchase order, the Seller hereby .assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.. City of Fort Collins. 7110 Wood St., Fort Collins, CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services othcnvisc specified on this order. If pcvnisaian is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser persnnt 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 manuf,acmmrs have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective grads by a date to be agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchnscr shipments arc made from greater distance. may cause the work in be performed by the most expeditions means available to it and the Seller shall pay all costs essocimed with such wnrk. Permits. Seller shall procure at ellers .vole cost all necessary permits, certificates 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 wnrk of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All parties to this concoct agree that the representatives arc, in fact, bona fide and possess full and complete authority, to bind said parties. LIMITATION OF TERMS. This Purchase Order cxpomMy limits acceptance to the hums and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorpmand herein by reference. Any additional or different terms and conditions proposed by wilcrxm objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchnee order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate es a waiver of this provision. In the event of ony delay. the Purchnscr shall have, in addition to other legal and equitable remcdics the option of placing this order dsmvherc and holding the Seller liable for damages However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence. such acts of God, acts ofeivil or military authorities governmental priorities, fires. strikes, 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 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 of the delay. 3. WARRANTY. The Seller .carers 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 fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for arork of a similar not urc. The Seller agrees to hold the purchaser harmless form any loss, damngc or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnN. The Seiler shnll replace, repair or make good. without cast to the purchaser, any defrcts or faults arising within one (I) year or within such longer period of time as may he prescribed by law or by the terms ofray applicable warranty provided by the Scllcr after the date of acceptance of the goods furnished hereunder (,acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofnm claim under this wormory. Except as otherwise provided in this purchase Order, the Sellers extend liability hereunder shall to all damages proximately caused by the breach of any of the foregoing aamnties or guanntecs, 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. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal moos by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the hems, other than legal toms, including additions to or deletions from the quantities originally ordered in the zpoeifications or drominF„ by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as in any or all portions of the goods then not shipped, subject to any equitable adjustirmnl between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated mPo, on the uncompleted Portion of the goods and/or arork, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim far adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller awmnle that all good 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 reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Scllcrs failnrc to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr worm. am full, clear and unrestricted title to the Purchnscr for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Sul let shell release the Purchaser and its ennmctors of any net from all liability and claino of any nature rcsulling from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors officers and employees of such parry. The Seller's continental obligations, including wamnry, shall not be deemed to be reduced. in any way, because such work is performed or caused to be performed by the Purchnscr. 14, PATENTS. Whenever the Seller is required to use any design, device. material or process covered by hour. patent, trademark or 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, 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 ofsueh infringement at any time during the prosecution or after the completion ofthe work. In case said equipmem, or any part 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 its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the snore with substantially equal but nnninfringing equipment, or modify it so it bccomcs nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or hanknipt make an assignment for the benefit of creditors, appoint a mcciver or trustee for any of the Scllcrs property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation oflhc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colmade. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Represcntative(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and acccptcd, and shall, in case of any accident. deslnetfon or injury to the work and/or mntcrinls before Seller's final completion and acceptance, complete the work at Scllcrs own expense and to the smisfactien ofthe Purchaser. When mntcrinls and equipment arc Pomklied by others for installation or erection by the Seiler. the Seller shall receive, nnlond. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Scllcr shall. m his own expense. provide for the payment of wnrkcts compensation, including occupational disease benefits. 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 slate in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits ofat least S300.000 for any one person, S500.000 for any one accident and property damage limit per accident of S460,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employees shall do any work open the premises of others, the Seller shall furnish the Purchaser with a certificate that such eontpemation and insurance have been provided. Such certificates shall specify the date when such compensation and insunoce have been por ided. Such cenificams shall specify the date when such compensation 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 assumes the entire responsibility and liability for any and all damage, loss or injury ofnny kind or nature w$msoevcr to persons or pmpcm caused by or resulting from the execution ofthe work provided fro in this purchase order or in connection herewith. The Seller will indemnify and held harmless the Purchaser and any or all of the Purchnscr. offices, agents and employees from and against any and all claims. losses, damages. charges or expenses, whether direct or indireea. and whether 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 Scllcr, any of his contractors, or any of the Sellers or contractors otficcm. agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr, or its officers, 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 or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Ihcrcof and to defend the snore at the Sellers own expense, to pay any and all costs, charges, anomeas 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 entploycev in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othcnvisc. The Seller and his contractors shall take all safety precautions, famish and install all gunrds necessary 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 mles and regulations issued pursuant thereto. Rcrised 03/2010