HomeMy WebLinkAbout501351 WORKSPACE INNOVATIONS LTD - PURCHASE ORDER - 9143474PO
PURCHASE ORDER 914347er Page
CI�/ of PURCHASE
9143474 t of 2
' `t Collins
Ins This number must appear
` \� ` on all invoices, packing
sli s and labels.
Date: 06/19/2014
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: 06/19/2014 Buyer: DOUG CLAPP
Note:
Line
Description
Quantity UOM
Ordered
Unit Price Extended
Price
1 Senior Center
Trash Cans to Match
ref. quote dated 6/5/14
color - Expresso finish
- (11) model 1098 38"h Fiberglass Trash
Receptacle with 2 side openings
$488.65ea = $5,375.15
- Freight - $251.30
- installation - $110.00
total = $5,736.45
Contact: Jennifer Harvey
ph# 970-221-6848
Ship to:
City of Fort Collins
Senior Center
1200 Raintree Dr.
Fort Collins, CO 80526
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 586, Fort Collins, CO 80522-0580
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com
1 LOT LS
Total
Invoice Address:
5,736.45
736.45
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order 7Tenns and Conditions
Page 2 of 2
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins as exempt from state and local taxes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Interval Revenue, Denver, Colorado (Ref. Colorado Revised Stemma 1973, Chapter 39-26, 114 (a).
Goods R jeered GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be renamed In you for credit and are not m he replaced except no receipt of written
instructions from the City errant Collins
Inspection. GOODS are subject o the City of Fort Collins inspection on rancor,
Final Acceptance. Receipt of the merchandise, sin or equipment in response to this order canresult in
authorized payment on the pan of the City of Pon ices
However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O B., City of Fort Collins, 700 Wood St., ran Collins, CO 80522, unless
otherwise specified on this order. If permission is given to prepay (eight and large sepurately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Whe¢ manufacturers have distributing points in vrnmw parts of the country, shipment is
expected from the nearest distribution rating to destination, and es,. freight will be deducted from Invoice when
shipments ere made from greater distance.
Permits. Seller shall mccurc at sellers sole cost all necessary permits, cerificates and licenses requirm by all
applicable laws, regulations, ordinances and tales aide stale, municipality, territory e, political mdlivicun where
the work is perfomned, or required by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller further agrees go hold the City of ran Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, oNiwnces, rules
and requirements.
Amhorivation. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the mmgs and conditions stated
herein set fruit and any supplementary or additional terms and conditions annexed hereto or imearlwmted herein by
refefmce. Any additional or different terms and condoic ra proposes by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately trying cannot make complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance most be effected within the time
stated on the purchase order and the documents attached burns No acts of the Purchasers including, without
limitation, acceptance of partial late deliveries, shall npemte as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and Muiable remedies, the option of placing 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 m causes not reasonably foreseeable which are beyorul its reasonable control and without its fault ofinegligence,
such acts of God, act of civil or military authorities, governmental priorities,( s, strikes, Rod, epidemics, wars or
des provided that notice of the conditions 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 my such delay, the dam of delivery shall he
extended for the period qual to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, matmaB and work coveted by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and
Performed with the highest degree of care and competence in accordance with accepted standards for work of a
milar nomrc. The Seller agrees to hold the Paulson hornless from any loss, damage art experts which the
Purchaser may suffer or incur on account ofthe Sellers breach of watmnry. The Seller shall replace, repair or make
good, without cast to the purchaser, any defects or faults arising within one (I) year or within such longer period of
time as may be prescribed by law or by the arms ofany applicable warranty provided by the Seller after the done of
acceptance of the goods finished hurricane, ba ceps. not to be unreasonably delayed,, resulting, from rom nfect
or defective work done or mmfials fum¢M1ed by the Seller. Acceptance or use of goods by the Purchaser shall not
ountimte a waiver of my claim under this wansnry. Except as otherwise provided in this purchase order, the Sellers
liability herewder shall extend to all damages proximately caused by the breach of any of the foregoing warrant,.
or guarantees, but such liability shall in no event include Ices ofpmfs or lass 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 tams by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the tames, other than legal terms, including addmons m or deletion from
the gmannues originally ordered in the specification or drusnWo, by verbal or wrinrn change order If any such
change affects the amount due or the time ofperfonane, hereunder, an equitable adjustment shall he made.
6. TERMINATIONS,
The EmcM1asn may at any time by women change order, terminate this agreement as to any or all portion of the
goods then not shipped, subject to any equitable adjustment between the Wrties as to any work or materials then in
progress provided dal the Purchaser shall not be liable for any claims for anticipated prolm on the uncompleted
portion of the goods and., work, for incidental of cooequg,mial damages, mad that no such adjutment be made in
favor of the Seller with consor to any goods which are the Sellers standard stock. No such gemination shall relieve
the Purchaser or the Seller ofany of their obligation is to any goods delivered M1erearder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjuttment most be assened within thirty, (30) days from the date the change or uncommon is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants dear all goods sold hereunder shall have aging produced, sold, delivered and famished in srrie,
compliance with all applicable laws and regulation to which the goods are, subject. The Seller shall execute and
deliver such discourage, is may he requiter go effen or esidentt compliance. All laws and regulations required to be
incorporated in agreemens of this character are hereby incorporated herein by this reference. The Seller agrees an
indemnify and hold the Purchaser bannless from all gross and damages suffered by the Purchaser as a gesuh of the
Sella failure to comply with such law.
9. ASSIGNINFL
Neither part, shall assign, transfer, or convey this order, or any monies due or to become awe hereunder without the
prior written cooear ofthe other, party.
IRTITLE
The Seller wvtmms full, clear and amestricted tide to the Purchaser for all Into.', natmas, and items firmished
m gerfogmance of this agreemrnt free ape clear of any and all lien, restrictions, reassessment, security interest
encumbrances and claims of others.
I I. NON WAIVER.
Failure of the Purchaser m insist upon strict performance cruise terms and conditions hereof, failure or delay to
exercisany rights remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach,tor
acceptance ofor payment for Goods hereunder or approval ofthe design, shall not reline the Seller of
any of the wnrmntles or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as in any prior or subsequent default hereunder, nor shall any purported
oral modification or rescission of this purchase order by the Purchaser npemte as a waiver of any of the terns
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in not Some by the Purchaser. Theretofore for tgood cause and as consideration for executing this
porch.. mile,. the Seller hereby assigns to the Purchaser any and all Balms it may now Love or hereafter
acquired under federal or some antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to correct aoneonf truing or defective goods by a date to be agreed man by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may cause the work m be performed by the most expeditious means available to it, and the Seller shall pay all
costs aswciuted with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims or any nnnic
resulting from the performance ofsuch work.
This relate shall apply even in the event of fault of negligence of the party released and shall extend to the
directors, officers and employees ofsuch parry.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, incidental or process eovered by Intel, patent, trademark
or copyright, time Seller shall indemnify and save hampers the Purchaser from any and all claims for infringement
by novas of the use of such patented design, device, mmerial or process in connection with the contract, and
shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or slier the completion of the work. In case said equipment, or
any pan thereof or the intended use of fire gods, is in such suit held to constimm infringement and the use of
said equipment or pan is enjoined, the Seller shall, at its own expense and of its option, either pamrnre far the
Purchaser the right to continue using said equipment or pans, replace the some with substantially equal but
nonii fringing equipment, or minify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make as assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions ofterars used or the inmryremtion ofthe agreement and the fights of all panics hereunder shall be
conuued under and gavemed by the laws of the Sate of Colorado, USA.
The following Addirionrl Conditions apply only in cars where the Seller is to perform work hereunder,
including the services of idlers Represenions,(s), coffee premiss ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work in Sellers own risk until the same is fully completed ape accepted, and shall,
in ease of any accident, dentrvction or injury to the work andor materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment an fumkhed by orders 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 matmaB and/or equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occuputiawl
disease benefits, to is employees employed on or in connection with the work covered by this purchase order.
maker to their dependent, in accordance with the laws of the rear, in which the work is to be done. The Seller
short also cony comprehensive general liability including, but nor limited m, continental and automobile public
liability insurance with bodily injury and death [amiss of at least S300.0oo Ito tiny one pawn, SSW,Wo for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise acquire his
contractors, if any, to provide for such compensation and ioummg,. Before any of the Sellers or his contractors
employees shall do any work upon the premiss of others, the Seller shall furnish the Pu ehaer with a certificate
that such compensation and ioumnce have imam provided. Such cenifcaes shall specify the date when such
ompensation and insurance Save been provided. Such certificates shall specify the date when such exmpenwtion
and mounting, expires. The Seller agrees that such campemasion and insurance shall be mainained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby ass es the entice responibiliry and liability for any and all damage, loss or injury ofany kind
or wan, who moever to person or pouringly caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers oRcers, agents and employees from grad aping any end all claims, bsses, damages,
charges or expenses, whether direct or indisnt, and whether to person or property as which the Purchaser may
Fee put or subject by reason of any act, action, neglect, omission or &fault on the Pon of the Seller, any of his
mntnctorm or any of the Sellers or contractors officers, agents or employees. In ear any suit or other
proceedings shall be brought against the Purchaser. an its oRcers, agens or employees at any time per account or
by reason of any act, action, neglect omission or default of the Seller of my of his contractors or any of its or
their officers, agens or employees as aforesaid, Ng, Seller hereby agrees m assume the defense Netter ape to
defend the same at the Sella own expense, to pay any and all cols, charges, atmmrys fees and order expeller,
any and all judgments that may be incurred by or obtained e,a. the PureM1an or any of is W their officers,
agents or employees in such suits or other proceedings, and in esse judgment or other lirn be placed upon or
obtained Worst the property of the Purchaser, or said pasties in or a a result of such suns m other pmcerdings,
the Seller will at once sus the same a be dissolved and discharged by giving bond or of arwise. The Seller and
his contractors shall like all safety Transitions, furnish and iomll all guards mcessary for the pnevention of
incidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Ocrn xwmmdI Safety and Health Act of 1970 and all rules and regulation issued pursuant thereto.
Revised 032010