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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9121777PURCHASE ORDER PO Number Page City Of 9121777 1 of 2 `t Collins oll I ns This number must appear �.I ` on all invoices, packing slips and labels. Date: 03/26/2012 Vendor: 102722 Ship To: OPERATIONS SERVICES OFFICESCAPES SCOTT RICE CITY OF FORT COLLINS 4950 S COLLEGE AVE SUITE A 300 Laporte Avenue FORT COLLINS Colorado 80525 Building B FORT COLLINS Colorado 80521 Delivery Date: 03/26/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price City Hall 1 LOT LS 9,910.00 Assist with furniture lifting or moving during the carpet replacement project on the second Floor. In-house City staff might perform some of this work if feasible. OfficeScapes will bill for time and material. Total $9,910.00 Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By stamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption No mher is 11. NONWAIVER. 99-04502. Federal Excise Tax Exemption Certificate of Registry ST(A M5g7 is registered with the Collector of Failun: of the Purchnscr to insist upon strict performance of the terns and conditions hereof. failure or delay to Internal Revenue, Dcnvcr, Colorado (Ref. Colorado Revised Somali, 1973. Chapter 39Q6. 114 (a). exercise tiny rights or remedies provided herein Or by law, failure to pmmpty notify the Sclicr in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Cords Rejected. GOODS REJECTED due to failure to meet sfeci Gcations, either when shipped or due to defects of any of the w:amn tics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rcmmed to you for credit and arc not to be replaced except vitro receipt of written Purchnscr in insist upon strict performance hcrcofm any of its rights or remedies as to any such goods, regardless iosmcfion, from the City of Fort Collins. of when shipped, received or accepted, a to any prior or subsequent default hemand r, nor shall any purported rml modificnlien or rescission of this purchase order by the Purchaser operate as a waiter of any of the terms Inspection. GOODS arc subject to the City effort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resprrse In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment an the part of the City of Fort Collins. However, it is to he undctsmod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antinnot ACCEPTANCE is dependent upon completion ofall applicable required inspection pfucedums, violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase enter. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipmcros must be F.O.L. City of Fart Collins, 700 Wood St.. Fort Collins, CO 90522. unless ucquircd under federal or state antitrust Imes for such overcharges relining to the particular good or services o icroise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased err acquired by the Purchnscr pursuant to this purchase order, bill most acrounpmy invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufactomm have distributing points in various pans Of the country, shipment is expected fmm the nearest distribution point to destination. and excess freight will be deducacd form Invoice when shipments are made from greater distance. Permits. Seller shall pmeum at sellers .sole cat 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 work of vendor. Seller further agrees to hold the City of Fort Collins htimlcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mitts and requirement'. Aulhorization. All panic to this contract agree that the representatives are. in fact, bona Eric and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the aims and conditions stated herein set forth and any supplementary or additional tens and conditions annexed hereto or incorporated herein by reference. Any additional or different moss and conditions proposed by seller arc Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yrm cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time stated on the purchase under and the discontents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries, shall operate as a waiver of this prevision. In the event ofany delay. the Purchaser shall have. in addition to other legal and equitable remedies, the option of placing this order elsewhere 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 rca,'onably foreseeable which arc beyond its reasonable careful and without its fault ofnegligcnce, .such acts oFGod, acts of civil or military authorities, governmental priorities. fires, strikes. Borah epidemics. wars or rims provided that notice of the conditions cursing such delay is given to the Pmehascr 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 ofahe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will confirm 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 smndards for sod: of a similar nature. The Seller agrees to hold the purchaser brimless from any loss, damage or expense which the purchaser may suffer or incur on amount of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cat to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the term of any applicable womanly provided by the Se let rAcr the date of acceptance of the goods resulting Famished hereunder (acceptance not to he unreasonably delayed), form imperfect or defective work done or materials Furnished by the Seller. Acceptance or use of goad by the Purchaser shall nos constitute a waiver of any claim under this wamnty. Except as otherwise provided in this purchase older, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing wamnfies or guarantees, but such liability shall in no event include lass of profits ar loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE, SHALT. APPLY. 4. CHANGES IN LEGALTFRMS. The Purchaser may make changes to legal term' by wTiten change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the ..amities originally ordered in the specifications or drawings, by verbal or is unto change under. If any such change affects the amount due or the time of performance hercunde .an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by wairen change order, terminate this agreement as In any or all portions of the good then not shipped, subject to any equitable adjustment bmwecn the parties is to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmtils on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers rmmdmd stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asscncd within thirty (30) days From the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamms that all goods sold hereunder shall have been produced, sold, delivered and burnished 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 Imes and regulations required to be incorporated in agreements ofthis character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchnscr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign. transfer, or convey this order, or any monies due or to become duc hereunder without file prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. mmcrials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions. rescrcntions, security interest encumbrances and claims of alhers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller In correct nonconforming or defective goods by a date in be agreed upon by the Pnrchaser and the Scllen and the Scllcr lhcleaftcr indicates its inability or unwilliagncc to comply. the Purchaser may cause the work to be performed by the mast expeditious means mailable to it. and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of tiny tier From all liability and claims of any nature resulting from the rcri romance efeoeh work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, nlfiecls and employees of such party. The Seller's contractual obligations, including .,wam. nty, shall not be deemed to be reduced, in any way, because such work is perforated Or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by killer. 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 ofsuch infringement at any time during the prosecution matter the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in .such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at it 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 nnninfringing equipment, or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or benkmpt make an assignment for the henefit of creditors, appoint a receiver or tmstee for any of the Sellers pfuperry or business, this order may forthwith be canceled by the Purchaser without linhility. 16. GOVERNING LAW. The definitions aftcrms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall he cautioned underand gmcmcd by the laws of the State of Colnnd.. USA. The following Additional Conditions apply only in cases where the Seller is to perform work Immunder. including the wreice, of -Sellers Representative(.,), no the pleuritic., of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's 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 Scllcrs final completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment ram furnished by alters for installation or erection by the Seller. the Seller shall receive, unload, store and handle came at the site and become responsible therefor as though such materials and/or equipment w'crc being furnished by the Seller under the order. IR. INSURANCE, The Seller shall, at his own expense, provide for the payment of workca compensation, including occupational disease hermits, to its employees employed on or in connection with the work covered by this purchase order. and/tar 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, contractual and automobile public liability insurance .with bodily iniory and death Imuls oral Icast S300,000 f r any one permn. S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his mntmclon. if any, to pmvide for such compeamlion and insurance. Before any of the Sellers or his contractors camInyces shall do any work upon the premises ofothcrs, the Seller shall furnish the Purchaser with a certificate that such cnmpcnmtion and insurance have been provided, Such certificates shall specify the date when such compensation and insurance have been pmvided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such conmensation and insurance shall be maintained until aficr the entire work is completed and accepted. 19. PROTECHON AGAINST ACCIDENTS AND DAMAGES. The Scllcr herchy assmnes the entire responsibilityand liability for any and all damage, loss or injury Of.mv kind or nature whntsoever to persons or property caused by or resulting front the execution of the work provided for in this purchase Onler tar in connection herewith. The Sellcr will indemnify and hold harmless the Purchaser and any or nil of the Purchasers officers. agents and cmployccs from and against any and ,It claims. losses. damages. charges or expenses, whether direct or indirect. and whether to persons or property to which the Purchaser may he put or subject by reason orally net nation, neglect uurission or default on the pan of the Sclicr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bfuugit against file Purchaser, or its officers, agents or employee, rat any lime on account Or by reason of any act, action, neglect maissinn m default of the Seller of any of his contractors or any of its or their ulficers, agents tar employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the mote m the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may he intoned by or obtained against the Purchaser or any of its or their officers. .agents ar cmployccs in such suit, or other pmacdings, and in case judgment or other lien be pieced upon or obtained against the properly of the Purchnscr, or said parties in or its a resell ofsuch suits or other proceedings, the Seller will at once cause the sum, to be dissolved and discharged by giving bond or otherwise The Seller and his contractors shall take all safety precautions, fitrnlsh and intmll all guards necessary for the prevention of accidents, comply with nil lams and rcgulations with regard to safety including, but without limitation, the Occupalional Safety and Health Act of 1970 and ill rules and regulations issued pursuant thereto. Revised 03/2010