HomeMy WebLinkAbout501351 WORKSPACE INNOVATIONS LTD - PURCHASE ORDER - 9142771PO
PURCHASE ORDER 91427 1 Page
C117/ of PURCHASE
9142771 t of z
F6r} Collins
This number must appear
,t—J`-' ` ` 1 1�7 on all invoices, packing
sli s and labels.
Date: 05/16/2014
Vendor: 501351
WORKSPACE INNOVATIONS LTD
4414 E HARMONY RD SUITE 100
FORT COLLINS CO 80528
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/15/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
I Workstations & Furniture
for CPIO Department Expansion
1 LOT LS
25,322.01
To locate the Communications and Public Involvement(CPIO)Department staff in one area through expansion of
existing offices located on 3rd Floor of 215 N. Mason building.
Items, Specifications, Quantities, Prices, Delivery and Installation Cost per Quote dated 05106/14.
Purchase approved per Sole Source request dated 05/13/14.
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
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. COMMERCIALDETAILS.
Tax exemptions. By sestam the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84fiUpnf gl is registered with the Collector of
Formal Revenue, Denver, Colorado (Ref. Colorado Revised Sommer 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions fmm the City ofFot Collins.
Inspection. GOODS are subject to the City of Pan Collins inspection on amml.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an result in
authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable agnired inspection procedures.
Freight Terms. Shipment, must be F.O.B., City of ran Collins, 700 Woad St, Fort Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight
hill must mcompany invoice. Additional charges far packing will rot nd accepted.
Shipment Distance. Where manufacturers have diomibuting points as varrous pans of the ammry, shipment is
expected from the nearest distribution point to destination, and excess freight will be dedunW fmm Invoice when
shipments are made from greater distance.
Pamrita Seller shall procure at when We cast all necessary permits, certificates and banner required by all
applicable laws, regulations, ordinances and roles oftbe state, municipality, territory or political subdivision where
the work is patrmred, or required by any other duly constituted public authority havingonissfction over the work
or vadm. Seller father agates ,, hold the City of Fair Collins harmless from and against all liability and loss
urtrd by them by reason of an assured or established violation ofany such laws, regulutions, ordinances, roles
and requirements.
Authentication, All parties a this contract agree that the representatives are, in fact, bona fide and possess full and
omplete authority a bind said ponies.
LIMITATION OF TERMS. This Puabase Order expressly limits acceptance to the It. and conditions stared
herein set fund and any supplementary or additional terms and conditions annexed hereto or incoryomrd herein by
reference. Any additional or different terms cad conditions proposed by sulfur are objected to and hereby rejected,
2. DELIVERY.
PLEASE. ADVISE PURCHASING AGENT immediately ifyou ..at make complete shipment Ip arive on your
Promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No new of the Purchasers including without
limitation, acceptance of partial late deliveries, shall operate on a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this aide, elsewhere
and holding the Seller liable for danmges. However, the Seller shall nut be liable far damngcs as a result of delays
due ,, lane, not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence,
such .,is of God, acts if civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within rise (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 mmally lost by wason ofthe delay.
3. WARRANTY,
The Seller wamms dal all goads, articles, materials and our covered by this polar will cant with applicable
drawings, arweifiatioos, samples escaper be, description given, will be Et fro the amposes amended, and
performed with the highest degree of art and c cen amen in accordance with accepted su ulanB for work of a
similar stare. The Seller agrees to hold the purchaser M1zmnlan Inns any loss, damage at expense which the
Purchaser may suffer or incur on account of the Sellers breach ofwanmry. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or fmlu arising within one (I) year or within such longer period of
time as may be presented by law or by the more of any applicable warranty provided by the Seller after the date of
acceptance of the goods fumished hereunder (acceptance not to be unreamnably delayed), resulting from imperfect
or defective work done or becomes famished by the Seller. Acceptance or use of goods by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by Ire breach of any of the foregoing warmries
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 may make changes to legal worms by written change order.
5. CHANGES IN COMMERCLV. TERMS.
The Purch may make any changes 1. the it.. .,he, Jun least terms, including addriam to or deletion Gnm
the cr amities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperfommce hreunda, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser my at any time by written change order, mrminew this agreement as to any or all potions of the
goods Into nor shipped subject o any equitable adjustment between the parties in to any work or materials then in
progress provided that the Purchaser shall not be liable for my claims far relicipsted pari on the uncomplcrd
Portion of the grads roofer work, for incidental or cmrsquential damages, and that no such adjustment be made in
favor of the Seller with respect to any goods which are the Sellers standard stock. No such maninatimr shall relieve
the Purchaser or the Seller army offluar obligations an, to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within thirty (30) days fmm the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warann Char all good sold hereunder shall have ban Fredonia, sold, delivered and fumished in strict
compliance with all applicable laws cord regulations to which the good are subject The Sella Shull execute and
deliver such documents as nay be required to effect or evidence compliance. All laws and regulation required to be
ncoryamrd in agreements of this character are hereby inempoaud herein by this reference. The Seller agrees m
indemnify and hold the Purchaser harmless from all cards and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall cosign, transfer, or convey This aide,, o, any monies due be to become due hereunder without the
prior written corers, of the other parry.
10. TITLE.
The Seller warrants full. clear and committed title to the Purchaser for all equipment, materials, mod items fumished
in Pat.. of this agreement face and clear of any send all lien, restriction. resenatimu, security intros'
encumbrances and claims of others.
II. NONW'AIVF.R.
Failure of the Purchaser to insist upon strict performance of the terra and condition hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a
breech, the acceptance ofor payment for goods hereunder or approval ofthe design, shall cut elease be Seller of
any of the worantiex or obligations of this purchase order and shall not be deemed a waiver of any fight of the
purchaser to insist upon stria performance bcreofor any of in rights or transfer m to any such goads, regardless
of when shipped, received or incepted, us to any prior or subsequent default hereunder, nor shall any purported
oral modification or racission of this purchase order by the Purchaser operate in a waiver of any of the tabor
hereof
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize bar in what economic practice, overcharges resulting from antitrust
violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns 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 goods or services
purchased fir acquired by the Purchases pursuant to his purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the purchaser directs the Seller to contract nonconforming or defettive goods by a date as be agreed upon by the
purchaser and the Seller, and the Seller thereafter indicates its inbiliry ex unwillingness to comply, the Purchaser
trey ause the work to he performed by the most expeditious memo nvalhble to it, and the Seller shall pay all
costs associated with such work.
The Seller shall micros, the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from, the famarrrance of such work.
This release shall apply even in the event of fault of mgl 'pence or the Cray released :rod Shan extend to the
directors, wfcas and employees of such pang.
The Sellers amreatual obligations, including wananty. shall not he domed te be reduced, is any way, became
such work is performed or caused to W performed by the Purehasef.
14. PATENTS.
Whenever the Sella is required to use any design, device material or process covered by lemon parent, trademark
r copyright, the Sella shall indemnify and save harmless the Purchaser fmm any and all claims for infringement
by reason of the tow of such patented design, device, material or process in conversion with the contract, and
shall indemnify the Purhmer for any cost expense or damage which it may Ins obliged to pay by reason of such
infringement al my time during the prosecution or air the completion of the work. In one said apartment, or
any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the me of
said equipment or pan is enjoined, the Seller shall, at its own expcnu and at its option, either procure for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninbinging equipment, or modify it so it becomes naninfringing.
15. ENSOLVENCY.
If the Seller shall become insolvent or bmdrrupt make an assignment for the benefit of creditors, appoint a
weraver or trustee far any of the Sellers property, or business, this cider may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defirdamor nfit. toad or the pantomimes of she agreement and the rights ofall parties hereunder shall be
mestmed under and governed by the laws ofbc Sure of Colorado, USA.
The fallowing Additional Conditions apply may in caus where the Sella is to perf work heremder,
including the services of Sellers Repaeunative(s), on the premises of others.
I]. SELLERS RESPONSIBILITY.
The Seller shall cart' on said work an Sellers own risk until the same is fully completed and accepted, and shall,
in au of any accident, destruction or injury te the work andror materials before Sellers final completion and
acceptance, complete the work at Sella's own expense and to the satisfaction of the Purchaser. When materials
and gniptnenl ore fumished by others for installation or erection by the Seller, the Seller that receive, unload,
store and handle same at the site and became responsible therefor as though such materials and/or equipment
were being fumished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or m comection with the work covered by this purchase order,
arri to their dependents in accordance with the laws of the mule in which the work is or be done. The Seller
shall alas carry comprehensive general liability including. but not limited to, contractual and automobile public
liability resonance wiN btlily injury and data limits oral bear S300,000 fist any one person, S500m0U for any
one accident and property damage limit per accident of S400,000. The Sella shall likewise require his
tmam on. if any, to provide nor such mpro
ad d insurance. Before any of the Settorientatorientorientationers or his eners
employees shall do my work upon the premises of orders, the Setter shall awash the Purchaser with a of ircare
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and insurance have been provided. Such certificates shall specify the date when such compraalum
and insurance expires. The Seller agrees that such compensation and imumarre shall be maintained until after the
atlm work is completed and accepted.
19. PROTECTION AGAINSTACCIDENTS AND DAMAGES.
The Seller hereby resumes the entire responsibility and liability far any and all damage, loss or injury of any kind
or nature whasoever to persons or pmparty caused by or resulting fmm the execution ofthe work provided for in
this pumhase order or in connection herewith. The Seller will indemnify and hold hammor the Pmchasr and any
or all of the Purchasers ofcers, agent and employers from and against any and all claims, leases, damages.
charges or expenses, whether direct or indirect, and whether to persona or property, to which the Purchaser may
be par or subject by reason of my act mrima neglal, omission or defaull oa the pan of the Seller, any of his
onuacroes, or any of the Sellers or contractor, officers, agents or employees. In case any suit or other
proceedings shall be brought against the Purchases, or its afters, agents or employees at any time on account or
by reason of any act action, neglect, omission or default of the Seller of my of his para eters or any of its or
their efcers, agenu or employees as aforesaid, the Seller hereby agrees to assume the defense therm( and to
defend the tame at the Sellers own expense, m pay any and all casts, charges, aaomeys fees and other expenses,
my and all judgments that may he incurred by or obtained against the Purchaser or any of its or their ofcers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precautlom, f ish and install all guard nmessary 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 roles and regulation issued pursuant thereto.
Revised 03R010