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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9146003PO PURCHASE ORDER 914600er Page City of PURCHASE 9746003 t of 2 ' `t Collins Ins This number must appear v ` on all invoices, packing sli s and labels. Date: 10/16/2014 Vendor: 102722 Ship To: OPERATIONS SERVICES OFFICESCAPES SCOTT RICE CITY OF FORT COLLINS 4950 S COLLEGE AVE SUITE A 300 Laporte Avenue FORT COLLINS CO 80525 Building B FORT COLLINS CO 80521 Delivery Date: 10/15/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price t City Hall Kitchen Remodel 1 LOT LS 6,915.87 Furniture 2 Delivery/Install 1 LOT LS 192.50 reference quote # 41135 dated 9/15/14 per Tiffany Raulston Contact: Jennifer Harvey ph# 970-412-5288 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 Pay terms net 30 days Invoice Address: i[rXIL 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 Collin u cxcmpt from state and local uses. Our Exemption Number is 11. NONWAIVER. 98414502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 es registered with the Criterion of Failure of the Puubasn to insist upon strict performance, of she soma and conditions hereof, failure or delay in Inamd Revenue, Denver, Colom ka (Ref. Colorado Reeisad Samtn 1973, Chapter 39-26.114 (a), excerim, any rights or tun Mies proved herein or by law, failure to promptly notify the Seller in the event of a breach, the asummaatt of or payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defers of any of the mummies or obligations of this purchase order and shall at d droned is waiver of any right of the damage in transit, may be remered to you far credit and art not to be replacer[ except Orsini receipt of written pi n:haser to insist upon strict performance hromfor any of its rights or remdies as red any such goods, regmiless instructions from Ne City of Fort Collins. of when shipped, received Or accepted, as to any poor or subsequent default hereunder, nor shall any purprna oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the tents Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merehandlse, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. mdmriud payment on the part of the City of Fiat Collins. However, it is to be understood shut FINAL Seller and the Purchaser recognize that in actual ere resulting practice, overcharges ulting from antitrust tgood ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchase, Theremfnnefor 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 Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or slate antitrust — fir such overcharges relating Ins the Particular goods or services otherwise specified on this under. if permission is given to prepay freight and charge separately, the migiml freight purchard or acquired by the Purchnser pursuant to this purchase area. bill must accompany invoice. Additional charges for puking will not be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When manufactures have distributing points in various part of the, comrrmry, shipment is If the Purchaser directs the Seller to correct nonconforming or d6arive good by a dam to be agreed upon by she expected from the nearest distribution point to destination, and excess freight will d diamond from Invoice when purchaser ad the Sella, and the Seller Nerafter indicates its inability or unwillingness to comply, the Purchases shipments are made from greater distance. may arise the work to ha performed by the man expeditious means available to it, and the Seller shall pay all cost associated with such work. Permits. Seller shall procure at sellers sale cost all necesvry permit, certificate and licenses required by all applicable laws, regulations, mcbunce, and mlcs ofthe slate, municipality, teminry or political subdivision where the work is performed, or required by any other duly conslimmd public authority h ere ngjurisdictow over the work of vendor. Seller further agrees to hold the City of Pon Collins harmless from and against all liability and Ins, inctimad by them by reason of an asserted or established vimlmion of any such laws, regulations, ordinance,, rates and requimmenu. Authorixalion. All parties to this contract agree that the representatives are, in fact, bona fide and peuss full and complete mnhoriry to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions mind herein set forth and any supplementary or additional Lents and conditions annexed hereto or men, awned herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot snake complete shipment to artier on yore promised delivery claw as nma. Time is of the essence. Delivery and performance most be abated within the time sated an the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late delivenes, shall memo, as a waiver alibis prevision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplad., this We, <Iuwxhe. and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to Out not reasonably foreseeable which am beyond its reasonable control and without its fault of negligence, such act ofGd, acts of civil or military authorities, governments] priorities, fires, strikes, road, epidemics, wars or hots 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 any such delay, the date of delivery shall be emended for the permit equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that .11600d, articles, materials and work covered by this order will conform with applicable drawings, specification, samples and/or other descriptions given, will be fit for the pu@oses intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar naruu. The Seller agrees to Iwld the purchaser hmmmss fmm any loss, damage or expense which the Purchaser may subr or incur on acmanI of the Sellers breach of wari The Seller shall replace, repair or make good, without cast to the purchaser, any defect or fault arising within one (I) year or within such longer period of rime a may be prncribd by law or by the arms army applicable wurmry provide by the Seller after the dare of acceptance of one goods Imnished hereunder (acceptace not no be unreaonably delayed), moulting fmm imperfect or detective work done or maamis fomahed by the Seller. Acceptance or use of goods by hie Purchaser shall not constitute a waiver of any claim under this warranty. Except a otherwise rovidad in this purchase order, thc Sellers Liability hereunder shall extend in all damages proximately wumd by the breach of any of the foregoing warmnse, or guamnows, but such liability shall in no went include loss of profits or less 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 terms by written change order. 5. CHANGES IN COMMERCIAL TEMIS. The Purchuer may make any changes to the tams, other than legal tuna, including additions to Or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or women change order. If soy such change affect the amount due or the time of perfmmance hemunden an equitable djmtment shall be rude. 6. TERMINATIONS. The Purchaser may at any time by wdnrn change order, wmtimw this agreement as to any or all portions of rise gods then not shipped, subject to any equitable adjustment between the parries as to any work of mmerials then in pmgreas provided that the Purchaser shall col br liable far any claims for autumnal profia an the ancompind ,onion of the goods Cori work, for incidental or consequential damages, and that an such djustmrat M made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such fermircum. shot[ mlieve the Purchaser or the Seller of my of their obligations as to my good delivered hereunder. 3. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or Lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrant that all good sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the Bands Ore subject. The Seller shall execute and deliver such document m may he required to effect or evidence compliance. All laws and regulations required to be incorporated in agreement of this character are hereby incoryonted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the purchaser a a result of die Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, tramfe, or mosey this order, or my monies due or m become due hereunder without the prior wainea consent ofdw other party. 10. TITLE. The Seller warrant full, clear and unrestricted title to the Purchaser for all equipment, materials, and hams fumishnd in performance of this agmeraan, free end clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any =rare resulting Tom 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, Drivers and employees of such pony. The Seller's 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, ma[enal or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser man any and all claims for inGngement by reason of the use of such patented design, device, material or process in connection with the cono-ac, and ,ball indemnify hie purchaser for any cos, expense or damage which n may be obliged so pay by reason armada infringement at any time during the promotion or after the completion of the work. In came said equipment, or any pert thercof or the intended use of the good, is in such suit held to constitute inrringemmt and the use of said Natural or pm is enjoined, the Seller shall, at its own expense and at its option, either pmcure for the Purchaser the right to continue using said equipment car pans, replace the, same with substantially equal but naninRnging equipment, or modify it so it becomes=ninfn'nging. 15. INSOLVENCY. If the Seller shall become insolvent or barAmp, make an assignment for the bereft of creditors, appoint a or rcusme for any of the Sellers property or business, this ruder may forthwith be canceled by the purchaser wilhuut liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shall be, omm ed under and governed by the laws of she State of Colorado, USA. The fallowing Additional Conditions apply only in cases whose the Seller is to perform work hereunder, including the services ofSel ces R,m senative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall Carty an said work at Seller's own risk until the same is Tully con, lased and accepted, and shall, in erase of any accident, destruction or injury to the work sector materials before Seller's f I completion and ampance, complete the work at Sellers own expense and to the sarisfactirn of the Purchaser. When mmmals and equipment are famished by others for installation or erection by the Seller, hie Sella shall receive, =load store and handle same in the site and become responsible therefor as though such masoutis andt or equipment were being fumiNed by the Seller under the order. 18. INSURANCE. The Seller shall, al his awn expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order, anctor to their dependent in accordance with the laws of the same in which the work is to he done. The Seller shall also carry comprehensive general liability including, but not limited to, contractml and automobile public liability insurance with bodily injury and death limit of at Isar S300,000 for any one person, $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise nal his contractor, if any, to pmvid for such compeuation and container. Before any of the Sellers or his contractors employees shall do any work upon the pmnixes of others, the Seller shall famish die Purchaser with a certificate than such compenuation and insurance have been provided. Such cenifcates shall specify me doe whrn such compensation and insurance how been provided. Such ttnifwmes shall specify the date when such compensation od iaumnce expires. The Sella agrees this, such compeaadon and insuanee shall be mainuined until after hie entire work as completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ammo the entim responsibility and liability for any and all damage, Ins or injury of any kind or mlure whatoever to persons or property 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 r all of the Purchasers officers, agent and employees from and against my and all claims, lasses, damages, charges or expenses, wbelher direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, ogled, omission or defmll on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agent or employees. In case any suit or other proceedings shall be brought against the Purchaser, or it oRcrrs, agents or employees in my time on account or by reason of my act, action, neglect, omission or default of the Seller of any of his contractors or any turns or their officers, agent or employees a aforesaid, the Seller hereby agrees to assume the defense therrof and to defend the same at the Sellers own expose, to pay my ad all cast, charges, attorneys fees and other expenses, any ad all judgment that may he incurred by or clu mnd against the Purchaser or any of its or their officers, agents or employees in such suit or other proceedings, and in case judgment or other lim be placed upon or obtained against the property of the Purchases, or said parties in or as a result of such suit or other proceedings, the Sella will at one cause the same to be dissolved and discharged by giving bond or otherwise. The Sella ad his rear m mis shall take all safety precaution, Persian ad iaall all game necessary for the prevention of accident, comply with all paws and regulation with regard to safety including, but without lindution, the Occupational Safety and Health Act of 1970 and all ales ad regulation issued pummnt Nertm. Revised 03I2014