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HomeMy WebLinkAbout501351 WORKSPACE INNOVATIONS LTD - PURCHASE ORDER - 9142988Fort Collins Date: 05/30/2014 PURCHASE ORDER Vendor: 501351 WORKSPACE INNOVATIONS LTD 4414 E HARMONY RD SUITE 100 FORT COLLINS CO 80528 PO Number Page 9142988 1of2 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: 05/29/2014 Buver: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 KI Brand Dorsal StackingChairs for Senior Center Expansion Quantity: 160 Dorsal Chairs @ $227.00 each Per Line 1 of Workspace Innovations Quote dated 04/23/14. Adding to existing inventory. 2 Chair Dollies for above Chairs for Senior Center Expansion Quantity: 16 Chair Dollies @ $197.56 each Per Line 2 of Workspace Innovations Quote dated 04/23/14. Adding to existing inventory. 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 iwai� lll 1 LOT EA 36,320.00 3,160.96 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 statute the City of Fort Collins is exempt from state and local ores. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificzte of Registry 84-6000587 is equinoctial with the Collector of Failure of the Purchaser to insist upon strict performance of the temp and conditions hereof, failure or delay to h temk Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a), exercise any nghts or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not relemc she Seller of Good Rejened. GOODS REJECTED due to failure to meet spceifications. either when shipped or due m defects of MY of ere warranties or obligations of this purchase older ark shall not be dmned a waiver of any right of the damage in transit, maybe reamed to you for credit and are not to be replaced except upon receipt of women purchaser to insist upon street performance harmers, any of its rights err remedies as to any such goods, regardless instructions from the City offon Collins. of when shipped received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and modification or rescission of this purchase order by the Pearchaser operate or a waiver of my of the omss Inspection. GOODS am subject to the City of Fall Collins inspection on mrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the part of the City of Fall Collins. However, it is to be understood that FINAL Seller and the Purchaser recogneve that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required impedim procedures. violmiorrs are in fact borne by the Purchaser. Theretofore nfor good cause and res consideration for executing this purchase order, the Seller hereby assigns to the, Purchaer any and all claims it may crew have or hereafter Freight Terms. Shipments most be F.O.B., City of Fart Collins, 700 Wood St, Fort Collins. CO 80522, unless acquired wrier federal or state act., laws for such examinations nelaing to the particular goods or sersdcei oferwiu specified on this order. if permission is given to poppy freight and change s rely, the original freight purchased or acquired by the Purchaser pursuam to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers hove distributing points in carricas pans of the country, shipment is capered from the martyr distribution point in destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole owl all necessary permits, certificate, and liccrem, refired by all applicable laws. regulations, ordinance aud roles of the sore, municipality, primary or political subdivision where the work is performed, ar required by any other duly constituted public authority having junwherlon over the work of vend.,, Seller funhef agrees m hold the City of Fan Collins hurni from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, later no,immems. Authorization. All panics to this contract agree that the representatives are, in fact, bona tide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase, Oman epressly limits acceptance to the terms and condition stated herein set fault and any supplementary or additional moos and conditions mnexed hereto or unlamented herein by ofecoce. Any maddiond or different arms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try.. cannot make considers shipment to artist on your promised delivery date as noted. Time is of the essence. Delivery and permanence must be etl'e red within the time stated on the purchase older and the documents attached hereto. No acts of the Pmchsscrs including, without homm rm, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal mk ennoble remedies, the option ofplacing this order elsewhere and holding the Sellef liable for damages. However, the Sella shall not be liable for damages as a recall of delays due to causes not reaunnbly foreseeable which are beyond its reasonable comol and without its fault of negligence, such acts offbeat, acts of civil or military authorities, govemmenal priorities, fires, strikes, nod, epidemics, wars or riots provided that notice of the continuous causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof, In the event of any such delay, the rime of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seiler waterways that all goods, tricks, materials and work covered by this older will conform with applicable drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and pert ed with the highest degree of care real competence in accordance with accepted standard for work of a Iona, vesture. The Seller agrees to hold the purchaser hmmless fore any loss, damage or expene which the Purchaser may suffer or incur on account ofthe Sellers breach of wanaFi le e Sellershall replace, repair or make good, without cost to the purchaser, any defects or faults onsing within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of acceptance of the good; f ished hereunder (acceptance vat to be unreasonably delayed), resulting from Imperfect or defective work done or materials Finished by the Seller. Acceptance or use of good by the Purchssn shall not constitute a waiver of any eimm Major this wvnanty. Except as otherwise provided In this purchase, miler, the Sellers liability heeuder shall extend to all damage proximately caused by the breach of my of the foregoing wamatia or guarantees, but such liability shall in no event inch& loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA L TERMS. The Purchaser may make changes to legal moms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may broke any changes or Bob me—. ocher pan legal coma, including addition co or deletions farm the Marinfies originally mccod in the spnifncaiom or Nawinpy, by veAal or written change older. If any such change affects the amount due or the time ofperf car ance hereunder, an egkmble adjustment shall be made. 6. TERMINATIONS. The Purchase nary at nary .car by oonorn change olden teco am this agreement as to any orall Portion of the goods then not shipper, subject to my equitable adjntmem between the pones as to any work or materials then in progress Provided that the Purchaser shill not be liable for any claims for anticipate) profits oa the uncompleted portion ofthe goods murder work, for mediated or mans enllal damages, and Jul no such adjustment be made in favor of the Seller with respect o my goods which are the Sellers standard stork. No such termination shall relieve the purchaser or the Seller ofmy of their obligations as to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment ..at be asserted within miuy (30) days from the date the change or temination is oldered. 8. COMPLIANCE WITH LAW. The Seller wamnts that all goods sold hereunder shall have been produced, sold, delivered and famished in moor compliance with all applicable laws and mgulations ro which the goods arc subjnt. The Seller shall execute and deliver such documents as maybe required b efTen or evidence romplimnce. All laws and nature- eryuired to be incorporated in agreements of this character ore hereby recuperated herein by this reference. The Seller agree to indemnify and hold the Purchaser harmless from all vests and damages suffered by the Purchaser u a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, mnfn, er convey this older, or any monies due or to become due hereunder without the M., written conent of the oNerparty. 10. TITLE. The Seller warants full, clan and umetricted title to ere Prowls. for ill equipment, materials, and items f fished in per ante ace of this agreement, here and clear of any and .11 It.., remrietian, reservations, security interest encumbrmcas and claims aforce.. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, If the Purchaser direos the Seller to except nonconforming ar detective goods by a date to be agmed upon by the Purchaser and the Seller, and the Seller theoaner indicates its inability at unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious meats available to it, and the Seller shall pay all costs associamd with such work. The Seller shkl release the Purchaser and ire commemrs of any an fore all liability and claims of any ranee resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including w'anamy, shall not be deemed to be reduced, in any way, because such work is perfumed or caused to be performed by the Parchuer. W. PATENTS. Whermi the Seller is required in use any deign, device, material or process mvertd by letter, poor, trademark or copyright, the Seller moll indemnify and save harmless the Purchaser fore any and all claims far infringement by reason of the use of such patented design, device, m deaial or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to prey by ration of such infringement at any time during the prosecution m am, the completion of the work. In now said equipment, or any pen thereof or the intended use of the goods, is in such suit held to considers rs infringement and the use of said equipment or pan is enjoined, the Seller shall, at its on expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with subuantially equal but era themagkg MaiPbrmt, or modify it so it become roninGnging. 15. INSOLVENCY. If the Seller shall become insolvent or Lockman, make an assignment for the benefit of creditors, appoint a receiver or triter for any of the Sellers property or business, this order may fanhwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definition of term used or the interpretation ofthe agreement mall the rights of all panics beremnder shall be consbued under and gm'emed by the laws ofthe Sore of Colomda, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers RepoesentaivHs), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in u of my accident, destruction or injury to the %ark am1mr maerials before Sellds Jim] completion and mccymnce, complete Be work a Sellers own expense and to the amisfmnion of Be Puch'tscr. When materials and equipment are fumishW by others far installation or erection by the Sella, the Seller shall receive, upload, store and haMle same at ere site and become reponNle therefor as though such materials mdlm equipment were being famished by the Seller under the older. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its cmployces employed on or in correction with the work covebad by this purchase order, tndbr to their dependema in accordance with the laws of the state in which the work is to he done. The Seller shall also every comprehensive general liability including, but not limited W. conuacmxl and automobile Public liability insurance x'im b.dily injury and dean limiu of or least 5300,000 for any one person, S500,000 fm my one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and area mane. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall furnish the Purchaul with a certificate that such compensation and insurance have been provided. Such mri6.ates shall specify the date when such compensation and insurance have been provided Such certificates shall specify ere duo when such compensation and inurom a expires. Tbe Seller agrees that such compensation and insurnce shall be mainained until after ere entire work is completed and acceptud 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby grocers the entire responsibility and liability for any and all damage, Ins m injury of any kind or came w'hac er to poem or property caused by or resulting from the estimate of the work provided for in this purchase older or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and ennployees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may Fee put or subject by reason of any act, action, ncglmt, omission or default an the For of the Seller, any of his mntmdors, or my of the Sellers or contractors ofEcem, agents or cmployces. In caw any suit or other Impeccability shall he brought against the Purchown, or its officers, agents or cmployces at any time on account or by oason of any tor, re im, neglect, omission or defau0 of the Seller of any of his covtmnan or my of its or their oMe—, agents or employees as aforesaid, ere Seller hereby agrees to assume the defense thereof and o defend the same in the Sellers owe, expense, to pay my and all enter, charges, snot f s and other expenses, My and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oflicens, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed Mort or obtained against the property office 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 bond or onerwise. The Seller and his commacors shall rake all safety precaution, famish and install all guard necessary for ere preverager of accidents, comply with all laws and regulations with period to safety including, but without hardwire, the Occupaional Safety and Health Act of 1970 and all ales and regulations issued pursuant Ncrem. Revised 03C010