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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9141461Fort Collins Date: 03/07/2014 Vendor: 102722 OFFICESCAPES SCOTT RICE 4950 S COLLEGE AVE SUITE A FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9141461 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 03/07/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Office Furniture-Steelcase Nix Farm Expansion 1 LOT LS 85,261.42 For Natural Areas -Nix Farm building addition at 1745 Hoffman Mill Road, Fort Collins, CO 80524. Quantities and Prices per Officescapes Quote #39134 dated 03/07/14, and based on NJPA and Steelcase "Better Together" cooperative pricing contract. Includes Design Services, Delivery, and Installation. Leadtime: approx. 5-6 weeks ARO 4l�j'.��� 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.com .42 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terris and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collim is aempt firm state and legal taxes. Our Exemption Numbs is 98-05502. Federal Excise Tax Exemption Caificme of Registry IN-6000587 is mRiserd with the Collector of Interval Revenue, Denver, Colorado (Ref. Colorado Revised Salutes 1973, Chapter 39-26.114 (a). Good Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped m due to defects of damage in transit, may be reemd m you far credit and are net to be raptured except upon receipt of x,am instructions from the City of Fort Collins. Inspection. GOODS arc subject as the City of For Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in malborred payment on the pan of the City of Fort Collins. Howeveq it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipmrnla must be F.O D., City of For Collins, 700 Wood St., pun Collins, CO 80522, unless otherwise specified On this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Didmeu Where unnuarfaiddleas have distributing points in various pars Of the country, shipment is expected from the nearest distribution point to destination. and excess freight will be deducted from Invoice when shipments arc made from greater distantt. Permits. Seller Mall procure at sellers .to cost all necessary permits, certificates and licenses regrdred by all applicable laws, regulations, ordimnce, and rules of the state, municipality, tcritory or political sawivaion where the work a performed, or rwryired by any other duly consumed public authority aving,modiction over the work of vcame. Seller fuller agrees to hold the City of Fon Collins armless form and against all liability and lass ncurrd by them by «ma of an asserted or esmblisbd vmlatimi of any such laws, mgulanows, ordinances, rules ardmryirements. Andamiumnim. All at. to his contract agree that Ise reprexnwrvcs are. in fart. bent fide and possess fill and omplem authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions sated herein set forth and any supplementary or additional I— and condition annexed harem or mcomord ed herein by reRrence. Any additional or differed muss and conditions proposed by seller me 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 fie essence. Delivery and performance must be, affected within the time staled on the purchase order and the documents attached hereo. NO Is of he Purchasers including, without limitation, acceptance ol'pnnial late deliveries, shall Wame as a waiver Ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplming this order elsewhere and holding the Seller liable air damages. However, 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 of negligence, such acts of Gd, ads of civil or military authomie,, gmvernmemal priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Primmer within five (5) days of the time when the Seller fins received knowledge thereof In the went of any such delay, the Are of delivery shot] be alended for Me 'Most equal as the It. actually lost by reason ofdw delay. 3. WARRANTY. The Seller windo s that ell goods, articles, matenak and work covered by this order will conform with applicable drawings, specifications, samples and/or outer descriptions given, will be fir far the purtpues intended, and performed with me highest degree of care and momentum in accordance with accepted standard for work of a similar nature. The Seller agrees as hold the purchaser harmless form any loss, damage or expense which fie Purebaser may suffix or dour on account of the Sellers breach ofwarrany. The Seller shall replace, repair or make good, without cost to the purchase, any defects or faults arising wihin one (I) year or within such longer period of time as may be prescdbM by law or by fie a = of any applicable warranty pmvidd by the Seller after the date of iteramna of fie goad furnished hereunder (two ponce not to be unreasombly delayed), resulting firm imperfect or defective work done or materials burnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warrmy. Except as otherwise provided in this purchase order, fie Sellers liability hereunder shall extend to at I damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERC14ANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal to. by walled change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes a fie terms, ofer than legal It., imitating i dditimrs to or deletions from the quantities originally Ordered in the sperifcatlmst or drawings, by verbal or wi ned change order. If any such cadge affects the amount due or the time m performmce hereunder, an equitable i djustmem sell be made. 6. TERMINATIONS. The Purchaser may or nay time by written change order, armieme Nis agreement ss or any or all Foniom of fie good men not shipped, subject to any equitable admix meat heroic. the parties, ns rap any work or derariah then M progress Provided that the Purchaser shall at he liable for any claims far anticipated Profits on tee a ramemered portion of to goods anNor work, for incidental or romaFternal damages, and that no such adjustment be made m favor of fie Seller with respect, a any goad which are fie Sellers standard stark. No such temrination hall relieve the Purchnser or fie Seller ofany oftheh Obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted wihin minty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in seder Ompliarce with all applicable laws and regulations to which the goods are subject, The Seller shall execute and deliver suOh doeumaee ns may be required to effect or evidence compliance. All laws it regulations required to be incorporated in agreements of this chamder are hereby incorporated herein by this remicnce. The Seller agrees to indemnify and hold the Purchaser harmlss firm all costs and damages su0'cml by the Purchaser m a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party sell assign, Immfer, or convey this order, or any monies due or m became due hceundn without the prior wdt,a consent of the ofer party. 10. TITLE. The Seller warrants full, clue and umesfned title m fie Purchaser far ill equipment. materials, and items f ished In cardfixerearge of ,his agreement fire, and clear of any add all lias, resonances. resc.area, security interest ancumbmnca and claims dfothers. I L NON WAIVER. Failure of fie Purchaser to insist upon strict performance of fie it. and conditions hereof, failure or delay m any rights or remedies provided herein or by law, failure to proarp ly notify the Seller in the weir of is beeard, Me acceptance of or payment for goad hereunder or approval of the design, shall not I. me Seller of any of the warrant or or obligations of this purchase order and shall not be deemed a waver of any right of the purchaser to insist upon strict performance h amofor any of its rights m remedies as to any such goods, regardless of when shipped, received Or acccptd, as to any prior or sabuquent default hereunder, nor shall any purported oral modification or rescission of this purchos, order by the Pmehoser course, m a waiver of any of the rams b.f. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser rnognim that in actual economic practice, everchmges resulting firm mIt=, m violations arc in fact hoe by the Purchaser. Theretofe, forgoodcause and as consideration for executing this purchase mdrr, the Seller hereby mogre to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goad or services purchased or acquirel by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or de@dive good by a date to be agmd upon by fie 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 the most expditipns means available to it, and the Seller shall pay all osts associated with such work. The Seller shall relense the Pumhsser and its contractors of any tier (fora all liability, and claims of any name re tiling from the perfamlance fsuch work. This release shot[ apply man in Me went of fault of negligence of to Part released and shall extend m the directors, officers and employees ofsuch Part'. The Sellers contractual obligations, including wartan 1 shall car be deemed 1. b, ushered, in any way, beaus, such work is perfamld or ousel Id he performed by me Pardoner. Id. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lend, patent, tademark or copyright, the Seller shall indemnify and save armless the Pmehren form any end all claims for inGmarear t by reason of the use of such patented design, device, material or pmce% 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 of such infringement at any time during the proaec anion or alter the completion Of the work. In case said equipment, or any pen thereof or the intended use of the gods, is in such suit held to constitute infringement and the use of said equipment or pun 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 pans, replace the same with substantially equal bur ooninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller Mall become ireolvrat or bmikrupm, make an assignment for the baefte of credimrs, appoint e 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 of temp trust or the moulareatim ofla agreement and fie rights of all parties h,neunder shal be onstmed under and governed by fie laws ofthe State of Colorado, USA. The following Additional Conditions apply pay in causes whet, the Seller u m perform work hereunder, including the servicesof Sellers Repmxntativc(s), on fie premises ofothers. IT. SELLERS RESPONSIBILITY. The Sella shot] carry on said work at Seller's own risk until fie same is filly completed and incepted, and shall, in u of any accident. decoration or injury m the work addict materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, fie Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being fumishrd by the Seller under the order. 18. INSURANCE. T'he Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with me work covered by this purchase order, and/or to their dependents in accordance with me laws of me state in which the work is to be dune. The Seller shall also carry comprehensive general liability intleding, but not limited to, contractual and automobile public liability imumnce with bodily injury and death limits of m least $300,000 for any one person. E50V" for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his comrnrtms, if any, to provide fir such compemmion and encourage. Before any of the Sellers or his continuous employees sell do any work upon me premises of others, me Seller sell banish the Purchaser with a certificate that such compensation and insurance have been Provided. Such cenifares mall specify the date when such compensation and insurance have been provided. Such cerdfiata salt specify the date when such ampensition and rmuraee expires. The Seller occurs thal such exmpereation and damage shill be maintained until after dad amid, work is complctd and mcepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby examines me entire responsibility and liability for any and all damage, loss or injury ofiny kind or nature whouoever to persons or papery caused by or resulting firm me execution of the work provided foam this purehas, order or in connection herewith. The Seller will indemnify end hold sinless the Purchaser and my or all of the Purchasers officers, agents and employees from and against tiny and all claims, losses, damages, charge. or expenses, whrther direct or indirect, and whether to persons or property to which fie Purchaser may be put or subject by reason of any act, action, neglect on fission Or default on the pan of the Seller, any of his contractors, or any or the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of fie Seller of any of his contractors or any of its or their ,Dicers, agents or employees as aforesaid, me Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, m arreyM 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 amployms in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of fc Purchaer, Or said parties in or ns a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved anal discargd by giving bond or otherwise. The Seller and his contractor shall sake all safety precautions, furnish and insall all guard necessary for to prevention of accidents, comply wish ell laws and mgulabom with regal to safety including, but wifom limitation, the Occupational Safety tad Health Act of 1970 road all rules and regulaliore headed Financial Moran. Raised 031IMM