HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9141598 (2)Fort Collins
Date: 05/06/2014
Vendor: 102722
OFFICESCAPES SCOTT RICE
4950 S COLLEGE AVE SUITE A
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9141598 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: ENGINEERING DEPT-MASON
CITY OF FORT COLLINS
ENGINEERING DEPT-MASON
281 N. COLLEGE AVE
FORT COLLINS CO 80524
Delivery Date: 03/17/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 Addendum to PO# 9141598
Additional Tables and Chairs
1 LOT EA
1,979.12
Project Location: Transfort South Transit Center (STC), 4915 Fossil Blvd, Fort Collins, CO 80525.
Additional quantities and prices per post -award Officescapes Quote# 39794 dated 04/30/14.
EPLS search completed.
Authorized per Requisition# 47277.
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.wm
IF,
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
E=h ise Order Terms and CondYions
Page 2 of 2
I, COMMERCIAL DETAILS.
Tax exemptions. By statute the City of For Collins is exempt from state and local taxes Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Regiary 84-6000587 is registered with the Cullecmr of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Sa mtes 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REIECTED due m failure to meet spaificalions, nthm when shipped or due W didle. of
damage in vansin, may M remained m you far credit aM are not to he replaced except upon receipt of wri0m
instructions form the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to
examme
any rights or remedies provided herein or by law, failure I. promptly notify the Seller Seller in theevent of eveof a
breach, the acceptance ofor payment for goods heremdrr or approval ofthe design, shall not release rise Seller of
my of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the
purchaser to insist upon strict performance liereafor any of its rights or remedies as to my such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by the Purchaser operate as a waiver Of any of the terms
hereof.
Final Accepmom. Receipt of the merchandise, sera r equipment in response to this order can result in
12. ASSIGNMENT' OF ANTITRUST CLAIMS,
authorized payment on the part of the City of Foe Collins. Ilowever, it is to be understood but FINAL
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from shorml
pe ACCEPTANCE is dendenspan t completion of all applicable respond inspection protection.
solutions are in (am home by file Panamanian. Theremfo¢for good cause and as consideration for executing this
purchase order, the Seller hereby assigns Ira the Purchaser any aM all claims it may now, have or hereafr
Freight Tome. Shipments must he F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 90522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular good or scrams
otherwise specified oa this order. If permission is given tu prepay freight and charge sepately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing prints in various pans of the country, shipment is
expected from the nearest distribution print to destination, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sale carat all am., permits, certificate, oral licetses required by all
applicable laws, regulations, ordinances and roles of the state, mur iciW liry, territory or political subdivision where
the work is performed, or requited by any other duly constimmd public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of red Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulmium, ordinances, roles
and r x romrents.
Aufonzation All parties to this counted agree that the representatives a2, in fact, Menu fide and possess full am
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms end manditiom stared
Ircrein set Toed and any supplementary or additional perms and conditions annexed hetem or imosme died herein by
reference. Any additional or different terms and conditions propmeJ by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasm including, without
hatiatian, acceptance ofpanul late ddivenes, shall opemm as a waiver tafthis provision. In the event ofany delay,
the Purchaser shall have, in addition to other legal chat equitable remedies, the option of pacing this order elsewhere
and holding the Seller liable fir damages. Howeveq the Seller shall or be liable for damages as a resull of delays
due to causes rim mo.»nably foreseeable which are beyond its reasonable control and without its fault of negligence,
such acts of God, nets of civil or military authorities, governmental priorities, fires, strikes, hood, epidemics, wars or
riots provided that notice of the conditions causing such deny is given to the Purchaser within five (5) days of the
time when the Seller first received knowledge thereof. In the evens of any such delay, the dam of delivery shall be
extended for the period equal m the time usually lost by reason of the delay.
3. WARRANTY.
The Seller warrens that all good, articles, maenads 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
perfumed with the highest degree Of care and competence in accordance with accepted smndud, for work of a
similar nature. The Seller agrees to hold the purchaser hamdess from any loss, damage or expense which the
Pumbaer may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
good without cost to the purchaser, any def ts or fisom arising within one (1) year or within such longer period of
time as may be prescribed by law or by the inns of my applicable warranty provided by the Seller after the date of
acceptance of the goods famished hereunder (acceptance not be unreasonably delayed), resulting from impM t
or defective work done m materials famished by the Seller. Acceptance or use of good by Net Purchaser shall not
omtitute a waiver of any claim undo this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all 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 MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser envy make changes to legal terms by wriren change order.
5. CHANGES IN COMMERCIAL TERMS.
The Enchanter any make any changes m the moms, he, than legal corms, including addio at Io or deletions from
the quantities originally ordered in the specifications or drawings, by veiWl or wnumn change order. If any such
change affects the.monot due or the time of Performance hereunder, an egai abl, adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as m any or all portions of the
goads then not shipped, subject to any equitable achustanenr bemeen the parries as to any wad or materials then in
progress prorided thal the Purchaser shall not be liable for a, claims for anticipated profits on toe uncompleted
Portion ofthe good mortar work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respat to any good, which are the Sellers standard stock. No such mountain. shall relieve
the Purchaser or the Seller of any oftheir obligations as, to any goods delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days form foe dam the change car termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered door f ished in third
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be requited to effect or evidence compliance. All laws and regantions required to be
ncorpomted in agreements of this character we hereby Incorpomrod 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 tribe
Sellers failure to comply with such law.
w ASSIGNMENT.
Neither parry shall aasign, persfm or convey this odor, or any monies due or to become due hereunder without he
pd., written consent oftha other party.
10. TITLE.
The Seller warrants full, clear and i matricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, From end clear of any and all liens, resbicfons, reservations, sa car ry interest
encumbrances and claims of orders.
13. PURCUASF.RS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Sell" to correct nonconforming or defective good by a date to be agreed upon by the
Pumhsser and the Seller, and the Seller thermfer indicates its inability or unwillingness to comply, rise Purchaser
may cause the work to be performed by the most expeditions means available to it. and the Seller shall pay all
mats assaraw with such work.
The Seller shall release the Purchaer ail its contractors army, for from all liability and claims of any mium
resulting form the performance of such work.
'Go, release shall .pply even in the event of fault of negligence of the party released and shall extend to the
districts, offers and employee, oration any.
The Sellers contractual obligations, including wards shall not be devoted to be reduced, in any way, because
such work is perfonnrel or caased m be performed by the Purclaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process mvered by letter, patent, ttedemmk
r copyright, the Seller shall indemnify and save fimmlees 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 b, obliged to pay by reawn of such
infringement at any time during the pnrseculion Or after the completion of the work. In case said equipment, ar
any pan thereof or the intended now of the good, is In such suit held to roKtimfe infringement and the mac of
said dltripmmt or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to commie using said equipment or puts, raplam the same with substantially equal but
noninGnging equipment, or modify it to it becomes immigrating,
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make m assignment for the benefit of creditors, appoint a
m Pueor trustee for any of the Sellers property or business , this order may forthwith be canceled by the
mor without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation ofthe agreement and no, rights are] parties heremder shall he
command uedet and governed by the laws of the State ofColomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perfnrm work hereunder,
including the services of Sellers Representativa(s), an the premises f.mars.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk =if the same is fully completed and accepted, and shall,
au of any accident, drsbucfion or injury 0 the work aMtor materials before Sellers final rompleasant end
acceptance, complete the work an Sellers own expense Not to the satisfaction of the Financier When materials
and equipment are famished by orders for installation or emotion by the Seller, the Seller shall receive, unload,
store and handle same at the site and become responsible dander as though such materials secret equipment
were being famished by the Seller under the order.
18. MSURANCE.
The Seller shall, at his own expense, provide for Net payment of workers compensation, including occupational
disease benefits, to its employees employed m or in connection with the work mvered by this purchase order,
and/or 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, contmctml and automobile public
liability insurance with bodily injury and &orb limits of or least $300,0(h) for any one person, E500,000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
onmminam, if any, to provide for such compensation and insurance. DRore any of the Sellers or his committees
employees shall do any work upon the premises of others, the Seller shall banish roe Purchaser with a ma ificae
that such compensation mud resonance have been provided. Such cerfifmcotes shall specify rise date when such
compensation oral insurance have been provided Such ani0caes shall specify, th<date when such compensation
and insurance expires. The Seller agrees that such compensation end insurance shall he maintained until finer the
moire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability fur any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Prachaser and any
r all of the Purchasers officers, agents and employees from and against my aM all claims, losses, damages,
charges at experwes, whether direct or indirect. and wwerher in pecrow or property to which the Purchaser may
be put or subject by person of any act, action, deglm, omission at default on the par of the Seller, any of his
contractors, or any of the Sellers or contractors officers, agents m 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 mason 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 us aforesaid, the Seller hereby agrees to assume the defense thereof and so
defend foe same at rise Sellers own expense, to pay any and all costs, charges, xWoUs fees and other expenses,
any and all judgments that may be incurred by m obtained annual the Purchaser at any of its or their officers.
agents or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or
obtained against the Property of the Purchaser, or said pries in or as a result ofatch suns or other proceedings,
the Seller will at once chase the same to be dissolved and discharges] by giving band or otherwise. The Sella and
his commands shall take all safety precautions, finish and install all pounds necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safely and Health Act of 1970 and all roles and regulations issued porsmm thereto.
Revised 03a010