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HomeMy WebLinkAbout532420 IRWIN SEATING - PURCHASE ORDER - 9136665Fort Collins Date: 03/20/2014 Vendor: 532420 IRWIN SEATING PO BOX 2429 GRAND RAPIDS MI 49501-2429 PURCHASE ORDER PO Number Page 9136665 'eft ,This number must appear on all invoices, packing sli s and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 12/11/2013 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Addendum to PO# 9136665 Additional Seats & Tablet Arms 1 LOT EA 4,986.20 for (6) 2400 Series Chairs with Casters @ $202.80 each for press box and staff areas, and addition of Tablet Arm with Fiberboard Core to each of the (117) fixed Seats. Per Change Order No. 1 signed on 03/13/14 and revised Irwin Seating Proposal dated 03/13/14. Additional funds authorized per Requisition# 46986. f�,rjF�% 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 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. COMMERCIAL DETAILS. - Tax exemptions. By samte the City of Fort Collins is exempt from slate and local taus. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector, of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Intemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chmtcr 39-26, 114 (a), exercise any rights or remNics provided herein Or by low, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goads hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to men specification, either when shipped or due to defects of any of the warranties or obligations of this purchase Order and shall not be doemal a waiver of any right of the damage in transit, may be retuned he you for credit and are not to be replaced except upon receipt of written purchaser to insist upon shier performance hereof or any of Its rights or remedies w he any such goods, regardless instructions firm the City of Tom Collins. Of when shipped, received or accepted, as to any prior or subsequent defonit hereunder, not shall any purported Oral modification or remission of this purchase order by the Purchaser memo, as a waiver of any of the coma Inspection. GOODS are subject he the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, savion or equipment in criticise In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is m h understood that FINAL Seller and the Purchaser recognize that in actual economic practice, o erchaga resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable requited inspection procedures. violations are in fact home by the Purchater. Thereabout, for good came and as consideration for executing this purchase oNer, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most h F.O.B., City of Fort Collins, 700 Woad St., Fort Collins, CO 80522, unless acquired under federal or stale antitrust laws for such overchmges relating to the particular goods or services otherwise specified on this order. If permission is given to prepsy freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accom nine invoice. Additional chant for waking will Out be accented. Shipment Distance. Where manufacturers have distributing Points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater dismore. Pamirs. Seller shall proaue at sellers sole cast all naemry Famous, certificates and licenses rcquifed by all applicable laws, regulations, ordinances and rules of the state, municipality. territory or political subdivision where the work is performed, or require by any other duly cautioned public amhoriry having jurisdiction over the work of vendor. Seller biter ag3ecs a hold the Ciry, of Fort Collins harmless from and against all liability rand loss incurred by them by reason of an assured or established violation of any such laws, regulations, ardiwnces, rules and requirements. Auforvaom, All ponies to this contract agree that the ap revemative are, in fact, bow fide and possess full arm complete malbby to bind said pal — LIMITATION OF TERMS. This Purchas Order expressly limits accepmae to the arms and conditions stated herein set form and any supplementary or additional terms and conditions mmexN hereto or incorponmd brain by reference. Any additional or different coma and condition pr opined by seller are objected to and hreby rejectal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment o arrive an Your promised delivery date ns noted. Time is artist essence. Delivery and performance most be effected within be time sated m the purchase order and the documents atmhal bemo. No acts of the Purchases; including, without froi radon, accamunce of R nial late deliveries, stall operas en a waiver of dsis Provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not h liable for damages as a result of delays due Or causes not mawmb)y f able which ere beyond in mvsorable control and without its fault of negligence. such on. of God, acn of civil or miliary mdodtia, govammenal'ammues, fires, bardes, Good, epidemics, wars or noes provided that notice of the conditions causing such delay is given to the Purchaser within fine (5) days of the rime when the Sena first received knowledge thereof. In the event of tiny such delay. the dam of del aed shall be extended for the period opal as the time acmdly last by Brawn offe delay. 3. WARRANTY. The Seller watrmes that all goods, ankles, materials and wark covered by this order will conform with applicable dawings, specifications, samples aMtm other descriptions given, will be fit for the Retirement inter led, and performed with the highest degree of are and complence in accordance with accepted mmdardx for work of a similar mmuBr. The Seller agree to hold the ptachwan hmmless from any lass, damage or cxpat which fc Pmchasa may suffer or inch on account of the Sellers breach of wmrmtry. The Sella shall replace, repair or make good, without cost as the purchaser, any defects or faults arising within ors, (1) year or within such longer period of time as may h prescribed by law car by the into ofmy applicable warranty provided by the Sella after the date of acceptance offe &ouds Scantiest hereunder (accepteme rent to bar umcawnubty delayed), resultiog from imperfect or defective work done or materials fumisbW by the Seller. Acceptance or ac of goads by the Purehastt shall Out comfimte a waiver ofmy claim under this war airy. Except in otherwise provided in this purchase order, the Sellers liability haemda shall extend to all damages proximately it by the breach of my of the foregoing warrantia or guarantees, but such liability shall in we event include loss of pmfin or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES Be LEGAL TERMS. The Purchaser may make changes m legal terra by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Proulaw r may make any changes to fe tenon, other Nan legal terms, including additions he or delaion from the quantities originally ordered in the spicificaramins or drawing, by verbal or written change order, Irony such change idEen the amount due or the time afperfomance hereunder, an equitable adjustment shall be made. 6.TERMINATIONS. The Purmanter may al any time by xn.c. change ruler, terminate this agreement at to any o all ponima of be good then not shipped, subject to any expiable adjustment htwea the parries in to any work or mmcrials then in progress provided that the Purchaser shall not be liable far any claims for anticipated profits an dais u000mplaei portion offe goad mNor work, for incidental or consequential damages, and but no such adjustment be made in favor of the Seller with rapat many good which care the Sellers standard stack. No such termination shall relieve the purchaser or the Seller army oftheir obligations e as any goods delivered hereunder. 3. CLAIMS FOR ADJUSTMENT. Any claim for w1justmeat must be warned within thin (30) days from the date the change or termination is ordered. R COMPLLANCE WITH LA W. The Sella warrants Nat all goods sold hereunder shall have ban produced, sold delivered and furnished in strict compliance with all applicable laws and regulations, to which the goad ere subject Tha Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to h in marmated in agreements of this character are hereby imempoomed herein by this reference. The Seiler agrees to indemnify and hold the Parchasa hatnless fmm all costs and damages suRaal by the Purchaser us 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 due hereunder without the prior written consent of the other party. I O. TITLE. The Seller warrants bill, clear and unrestricted tide as be Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all Items, ralnctiotls, ramations, security interest encumbrances and claims oFcfl.. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller o center nonconforming or defective goads by a dam to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeditious manes available to it, and be Sella shall pay all Own associated with such work. The Seller shall release die Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfommnee ofsuch work. This release shall apply even in the event of fault of negligence of the Parry, released and shall extend to the ditecmrs, officers and employees of such party. The Sellers contractual obligations, including warranty, shall not be domed to be mduced,in any way, bacon such ..,it is Performed or caused to be erbo ucd by the Purchaser. 14. PATENTS. iNhat. fe Sella is required a use any design, device, mmenal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify, and save hormlass the Purchaser main any and all claims for infiingemcnl by reason of be, use of such patented design, device, mmcrial or process in correction with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it any be obliged to pay by reason of such infringement at any time during the prosecution Or after the completion of the work. In rase said equipmenl, or any pan thcBraf or the intended use of the goals, b in such suit held to constitute iNHngemem and the use of said equipment err pan is ajoincd, fc Sella shall, st its own expense and st its option, eidser p. for the purchase the right to con o. in, said egos".. or pans, replace the mac with mmica tially equal but noninGnging equipment, or modify it so it Isimar , nuninfringing. IS. INSOLVENCY. If the Sella shall become insolvent or baadmpt make an assignment for the benefit of credimrs, appoint a receiver or .1. for any of the Sellars pnapat,, or business, this oNer may foMwif h anceled by the Purcbuer wifaut liability. 16. GOVERNING LAW. The definitions of tcmn used or be in rumination offe agreement and the rights of all panic M1ereuMer shall h comtruc l under and parchad by the laws claim Sale ofCalonds, USA. The fallowing Additional Conditions apply only in use when the Sella is m perform work hereunder, including do savica of Sellers Represevaliva sh oo th premises ofotherz IT. SELLERS RESPONSIBILITY. The Sella shall any, on said work at Sellers own risk until the same is fully completed arm accepted, and shall, I. case of any accident, destruction or injury to the work arWm commirls bcfocr Sella's beat completion mM acceptance. cumplae the we& an Selleh own expense ad to the satisfaction of the Purchase. When mmeriak and quipment see famished by others for installation or erection by the Sella, the Sella shall receive unlasd, store and hurdle same at the site and become responsible therefor as though such materials ether nluipment were being( izhed "a Sella trader fc coda. 18. INSURANCE The Sena shall, at his own inpe rsu, pmside for the paymat of workers compnnation, including isamentimal disease benefits, to its employees employed on or in connection wads the work covered by this purchase order, aWor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall else carry comperhcanive general liability including, but not limited to, rontmctad and automobile public liability ivumnee with bodily injury and death limits of at least S300.. for any — probe, ESoo,000 fen any one accident and property damage limit per accident of S400,000. The Seller shall likewise captre his contractors, if any, to provide for such compesmtion end insurance. Before any of the Seller or his contractors employees shall do any work upon the premium of oNaa, be Sella shall famish fe Purchaser with a certificate but such smiRma Lion and insumnes, have been provided. Such cer ificares shall specify the due when such ampemation and insurance have been provided. Such caifaten shall meaty the dare what such compensnton and insurance expires. The Sella agrcn but such compensation card insurance shall he maintained until aaer the entire work is completed and a cepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby m a the entire rammus ibiliry and liability for any and all damage, loss err injury of any kind or aamre wh dhwever to perwris or property caused by or resulting from the execution off<wore provided for in this purchase order or in connection herewith. The Seller will indemnify, and hod hmmlrss be Purchaser and my cr all of the Purchasers oltican, agents and employees Pram and against any and all claims, losses, damages, harger or expenses, whether direct or indirect, and whether to persons or pmparty to which fe Purchaser may be put or subject by remain of my not, action, neglect, omission at default on be part of the Seller, any of his contractors, or my of the Sellee or contractors officers, agents or employees. In case my suit or other proceedings shall the, brought against the Purchaser, or its officers, agents or employees at any time on account or by reoson of my act, anion, nation, omission or default of the Seller of any of his contractors a any of in or their officers, agents or employees m aforesaid, the Seller hereby stones he assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, oramrys fees and other expenses. any and all judgments that may be incurred by or nominal against the Purchaser or any of in or their officers, agents or employees in such suits or other proceedings, anal in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said Rartla in or in a result of such suits or other pmeeedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or oferwim. The Seller and his contractors shall eke all safety precautions, fumish and insall all gumd necessary for the prevention of accidents, comply with all laws and regulations with mpol to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant rherao. Revised (DWO