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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9142446Fort Collins Date: 05/01/2014 Vendor: 102722 OFFICESCAPES SCOTT RICE 4950 S COLLEGE AVE SUITE A FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9142446 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: 05/01/2014 Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price Office Furniture - Steelcase 1 LOT LS 9,924.19 Natural Areas Ranger's Office Adding to existing Steelcase system. Quantities and Prices per Invoice# 237566 dated 02/28/14. 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 Total $9.924.19 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teals and Conditions Page 2 of 2 I. COMMERCDU.DETAILS. Tax exemptions. By sodium the City of Fort Collins is exempt from sale and [mat taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Puchaser to insist upon strir Performance of the tam¢ and conditions heeeaf, failure or delay to Internal Revenue, Denver, Colorado (Bar Colorado Revised Scrota 1923. Chapter 39-26, 114 (a), exervise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the runt of a breach, the acceptance ofor payment for goods hereunder or appomsl ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECT 'E D due to failure to meet specifications, either when shipped ar due m defects of any of the woman. or oblinamas of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be refined m you far credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or renadies as to any such goods, mwelless instructions from the City of For Collinx, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pirported .,at modification tar mamma of Nis purchase wror by the Purchaser operant as a waiver of any of the terms Inspection. GOODS are subject m the City of Fon Callus inspection an anivul. hereof Final Acceptance. Receipt of the merchandise, services or equipment in balance in this under can result in 12. ASSIGNMENT OP ANTITRUST CLAIMS. authorized payment on the put of Im City of Fort Collins. However, it is to be understood Jut FINAL rac Seller and the Purchaser magnis Nm in acanl oxonallia pfire, oerrchinges resulting from arm. ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good aose and as consideration fin executing this purchase order, file Seller hereby assign to the Purchaser any and all claims it may now have or hereafter Freight Teas. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fon Collins, CO 80522, unless acquired motor Extend or sate antitrust laws for such overcharges relating to the particular goods or services mherwise specified on this aide,. If permission is given in preps, freight and charge separately, the original freight purchased or acquired by the Puchaser forward to this purchase order. bill must sce, moan, invoice. Additional thrums for oackine will not be accented. Shipment Distance. Where manufacturers have ci snibating points in various pans of the emnory, shipment is expected from the nearest distribution point to distinction, and excess freight will be deducled from Invoice when shipments me made from greater distance. Permits. Seller sbar procure at sellers ale cost all necessary permits, conifcates and Howells required by all applicable laws, mulatiom, mm imnces and ales ofma sate, municipality, mmmry, or political subdivision where the work is pcourro M, or required by any other duly cortstifmd Public authority having jurisdirlon over the work of vendor, Seller header agrees to hold the City of Fiat Collins hmmless f end corm , all liability and loss aturvil by them by reason of an waamd or established violation of any such laws, regulations, ondirances, ales and requirements. Authorization. All parries m his contract agree Nat the representatives are, in fact, bona fide and possess full and complete amhmhy an bind said limits. 1.1 MI'I'A] [ON OF TERMS. This ['.,abuse Order expressly limits acceptance to the terns and conditions sated herein set fourth and any supplementary or additional terms and conditions annexed herein or incoryorated herein by reference. Any additional or different arms and conditions; proposed by idler sere objected to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is argue claims. Delivery, and performance most be a@coed within the time stated on the purchase order and the documents attached hereto. No ms of the Purhasers including, without limitation, acceptance of partial late dclivenes, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the apoion ofplacing 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 ra causes oat reasoand, foreseaMe which are beyond is reasonable control and without is fault of negligence, such rats of God, acs ofeivil or military authorities, governmental priorities, fires, mikes, flood, epide nics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the tittle when the Seller first received knowledge thereof In the dent of any such delay, the date of delivery shall be extended for the period equal to the time tribally lost by reason ohhe defy. 3. WARRANTY. The Seller warrans that all goods, articles, materials and work covered by this order will coNf with applicable drawings, specifirmonc, samples andfr other descriptions given, will he fit for the papaws intended, and performed with the highest degree of care and competence m accoNatwe with accepted standards for work of a similar nature. The Seller agrees to hold the forename harmless from any loss, damage or expose which the Purchaser may suBm or incur on account of the Sellers breach of warranty. The Seller shall replace, ago it or make good, without cost 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 terms of any applicable warranty provided by the Seller after the date of cccptance of the goods famished hereunder (acceptance not to be armamnably delayed), resulting from imperfect o, defective work done or naarials famished by the Seller. Acceptance ar use of goods by the Purchaser shall not constitute a waiver orally claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately tossed by the breach ofany ofthe foregoing amenities or guamntms, but such liability shall in no event include lass of profits or loss c use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal arms by women change under. 5. CHANGES IN COMMERCIAL. TERMS. The Purchaser may make any change,, to the terms, who, than legal tarns, including additions to or deletions from the qunnuu , originally ordered in the specificatiom or drawings, by verbal or written change order. If any such charge affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by when change order, terminate this agreement as to any or all poniom of the gook then not shipped, s igrol to any quicable ministmcnt woven Ne panics as to any work or momdals then in progress provided Jot the Purchaser shall not bd liable fin any claim for anticipated prefix on the uncompleted portion of the goad and/or work, for incidenal or consequential damage, and Jut no such w1juscamt lee made in favor argue Seller with respml to any gods which are the Sellers mandaN slink. No such lerminflum shall relieve the Purchaser m the Seller army crust obligations as to any good delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (3o) days from the date the change or maturation is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goads sold hereunder shall have been produced, sold, delivered and Initiated in strict compliance with all applicable laws and regulations tp which the good are subject. The Seller shall execute and deliver such documents as may m requird to offer, or evidence compliance. All laws and madlatiam required to be incorporated in agreements of this character are hereby inc srpommd herein by this reference. no Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pity shall assign, comfort, or convey this order, or any monies due or to became due hereunder without the prior written consent ofNe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, matenak, and im rs famished in performance of this agmemenl, fr« and clear of any and ail he., muiniors, mmatiore, secunry interest encambtvmes and claims of offers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to carted nonaonfbric OR or defective goods by a date 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 be Performed by the mast espedificus means available to il, and the Seller shall pay all roars assmiated with such work. The Seller shall o leue the Purhaer red its contractors of any nor from all liability and claims of any nature maWtfg handle performance of mall work. This ,e4ase shall apply even in the event of fault of negligence of the parry released and shall extend to the direrors, effects and employees ofsuch party. The Sellers contractual obligations, including warmly, shall not be deemed to be reduced, in any way, because such work is perfomred or caused m be performed by the Purchase,. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lent. form, trademark r 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 he Purchaser far any cost, expeme or damage which it may be obliged to Pay by reams of such infringement at any time during the prosaanmit or after the completion of the work. In case said equipment, or any pan thereof or Ne intended me of the goods, is in such suit held 0 comtimbe inGngement and the use of said equipment or pan is enjoimd, the Seller shall, a, is own expos¢ and tar its option, either procue far the Purchaser the right to continue using said equipment or pans, repay the same with substantially equal but noninfn'nging equipment, or modify it so it becomes noninfi nging. 15, INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an assignment for the benefit of creditors, appoint a recomm or trustee far aof the Sellers property or business, this other may forthwith be canceled by Ne Purchaser any of without liability. I& GOVERNING LAW. The definitions officials; card or the interyretation of the agreement and $e rights of all Farm herewder shall be commued under and governed by file laws argue State of Colorado, USA. The following Additional Conditions apply only in cout where the Seller is to perform work hereunder, nclading the services of Sellers Repreaci ive(s), oa the pmnises ircmers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destmmion or injury to the work warm materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When mamdak and quipmenl we fumishrd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materiak andor equipment were being famished by the Seller under the coder. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers mmpemmion including occupaticaal 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 stale in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, conformal and automobile public liability insurance with Iaalily injury and death limits arm least S300two for any one person, $500,000 for any one accident and property damage limit per accident of $400,000, The Seller shall likewise require his contractors, if any, to provide for such compensation and maumiler. Before any mf fe Sellers or bin contractors employees shall do any work upon the premises of others, the Seller shall f mish the Pucbxser with a certifiam that such compensation and insurance have been provided Such vcrificares shall specify the date when such compensation and imucance have been provided. Such emificates shall specify the date when such compensation and itsa mince expires. The Seller ogees Nat such mmpewfien and imurance shall be mainoinW until ever the cadre work is cmnp o ed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby wasiones the entire maronsibiliry and liabilityfor my mat all damage, loss or injury ofany, kind or music whatsmver to persons or property caused by or resulting from the execution of the work provided far in ,his purchase other o, in commelion herewith The Seller will indemnify and hold harmless Ne Purchaser and any or rs r all of the PurchaseoiTcers, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglecl, omission or default oa the an of the Seller, any of his contractors, or any of the Sellers or contrwou, officers, agents tar employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, ideas or employees at any time on ..not or by reason of any act, action, neglects omission or default of the Seller of any of hill contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume roe defaue roomer and to defend the same at the Sellers own expense, to pay any and all cols, charges, ammeys fees and other expenses, any and all judgments tbm may be fire aid by or ubtaurd against the Purchaser or any of its or their olEcers, agents or employees in such suit or other Proceedings, and in case judgment or other lien he placed upon or obtained against the property of the Purchaser, or mid ponies in or as a result of such suits or other proceedings, the Seiler will nu arm cause the same to be dissolved and discharged by giving bond tar otherwise. no Selior and his contractors shall take all safety precautions, furnish and irsall all guard 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 mien and regulations issued pursuant thereto. Revised 0M010