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HomeMy WebLinkAbout325791 BRINKER INC - PURCHASE ORDER - 9146465PO PURCHASE ORDER 914646er Page C1171 of PURCHASE 9146465 f of z ' `t CollinsChis number must appear "' 1 on all invoices, packing sli s and labels. Date: 11/04/2014 Vendor: 325791 Ship To: OPERATIONS SERVICES BRINKER INC CITY OF FORT COLLINS 1784 INDUSTRIAL WAY 300 Laporte Avenue NAPA CA 94558 Building B FORT COLLINS CO 80521 Delivery Date: 11/04/2014 Buyer: DOUG CLAPP Note: per NJPA pricing Line Description Quantity Ordered UOM Unit Price Extended Price I City Clerk's Office 1 LOT LS 16,613.00 Carpet - Per 10/24/14 Quote Carpet - $10,080.00 (3133sgft) Rubber base - $1,105.00 (64010 Adhesive - $389.00 Labor - $5,039.00 Total: $16,613.00 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.00m Total $16,613.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 7 of 7 1. COMMERCIAL DETAILS. Tax exemptions. By same the Ciry of Fan Collins is exempt tram state and local taxes. Our Exam lion Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exrmption Certificam of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe tends and condition hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Strout¢ 1973. Chapm, 39-26, 1Is (a), exercise any rights or remedies provided herein or by law, failure to prompny notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or rppsocaI of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spaifications, either when shipped or due to defects of any of the wmrantias or obligations of this purchase order and sbalI not be deemed a waiver of any right of the damage in hunch, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance harmfor any of its rights or remedies in to any such goods, regardless instructions from the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder nor shall any purported coal modification or rescission of this purchase order by the Pwchasa operate es a waiver of any of the terms [correction. GOODS are subject rut the City of For Collins inspection on amvaL hereof. Final Acceptance. Receipt of the merchandise, services or equipment in resonance to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment oa the pan of the City of Far Collins. However, it is to be understood chat FINAL Seller and the Purchaser recogwe Bat in armal ec do practice, overcharges resulting Gam antitrust ACCEPTANCE is dependent upon completion adult applicable required inspection procedures. violations are in fact borna e by the Purchaser. Theremforenfor good rouse and as comi&mcion for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Tests. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 80522, unless acquired under federal or more antitrust laws for such overcharges relining to the particular goods or services otherwise specified on this order. 11 pnmission is given to prepay fright and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bil I must accompany invoice. Additional charges for pecking will not be accepted. Shipment Distance. Where manufidurers have distributing points in vsmax parts of the country, shipment is expected from the remend distribution point to damnation, and excess freight will be, doddered from Invoice when shipments ate made from gnats, dismnce. Permits. Sever shall procure at sellers sole cast all mammary permits, certificates and licames required by all applicable laws, regulation, ordimmeas and rules of the scam, municipality, memory or political subdivision where the work is Performed, or required by any other duly Wastioled public authority havingjurisdidion over the work of vendor. Seller burner agrees to hold the City of Fort Collins harmless tram ad agamor all liability and loss insurnal by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and "overmans. Authorization. All panes m this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits arevo. to the term and condition smdd herein set form and any supplementer, or additional tams and craniums mnexed hereto or inco,co ed herein by reference. Any additional or different etes and conditions proposed by seller am objected to and hereby deducted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immceliand, Hyatt wdoor make complete shipment to amve oa your premised delivery &,a as poled. Time is of 6e essence. Delivery not performance must be eRecled within the rime slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limhadau, avoeptance of panted late deliveries, shah operate as a waiver onhis prevision. In the ,at ari ny delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option aplarm, this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for &magcs as a result of delays due to causes not reasonably finesomble which are beyond its reasonable control and without its hall of negligener such acts of God, acts of civil or military authorities, govemmemal priories, fires, snakes, fired, epidemics, wars ar riots 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 dare of odd ivery shall be an ended for the period equal to the time tw oalty lose by reason of the delay. 3. WARRANTY. The Sella warrants then all goods, articles, materials and work covered by this order will conform with applicable drawings, specification, Samples andor other deseription given, will be fit for the purposes intended, and Performed with flue highest degree of care and competence in accordance with excepted standards for work of a similar namre. The Sella agrees to hold the pumhoser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cot to the purchaser, any defects or faults arising within one (1) year or within such longer paint of time as may be prescribed by law or by the rends ofany applicable warranty provided by the Seller one, 'he Lou of acceptance ofNe giants famished hereunder (acceptance not to be un¢asembly delayed), resulting from imperfect of defective work done or materials f mishd by the Sella. Acceptance or use ofgoods by the Northeaster shall not emirate a waiver ofmy claim under this warranty. Except ar otherwise provided is Nis purchase order, the Sellers liability hereunder shall extend to all damages proximately cattail by the branch army ardor foregoing wvrmnries or guammres, but such liability shall in no event include lose ofproNs or loss of. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES W LEGAL TERMS. The Purchaser may make changes to legal terms by wroen change order. 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tens, other than legal terms, including additions m or deletions from the quantities originally ordered in the al'tt'iftemions or drawings, by verbal or women change order. It any such change affects the amount due or the time ofpedormance hereunder, an equitable instrument shall he made. 6. TERMINATIONS. The Purcbaser may in any time by writtan clung¢ order, ermine this moremerany or ell parimew of the goods then not shipped, subject to any equitable adjmment belwrea the parties as in my wok or materials then m progress provided that the Purchaser shall not be liable for any claims for anticipated prefim on the uncompleted potion of the goods rearm wok, for incidental or consequential damages, and that no such courn ment be made in favor of he Seller with respect to any Goods which —the Seller na nand stock. No such mrminuum shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within mdy (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in inner compliance with all applicable laws and mgulatioes to which the goods are subject The Seller shall execute and deliver such documents as may be acquired in elite or evidence compliance. All laws and regulation required to be ncoryomtd in agreements of his chamcer are hartby incoryamled herein by this reference. The Seller agrees to indemnify and held the Purchaser harmless firm all cars and &rages suRcred by the Purchaser, as a resull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, tranfer, or convey this order, Or my monies due or to become due hereunder without the poor woman consent of the the, party. 10. TITLE. The Seller wanmts full, that, and unesoicld lice to the Purchaser for all equipment, materials, and it. broached] in pafomuace of this agreement, fee and clear of my and all liens, castrations, reservation, isometry interest mcumbrunces and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to coma nonconforming or defective gas& by a dare to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to W perforated by the most expeditious meters available to il, and the Seller shall pay all costs associn d with such work. The Seller shill release the Purchaser and its contractors of any tier frren all liability and claims of any nature resuhm, from the pert once ofnmh work. This release shall apply even in the event of fault of negligence of the pary massed and shall extend to the directors, officers and employees of such party. The Seller's emotional obligations, including warrant, shall not be deemed to be reduced, in any way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required ro use any design, device, material or process covered by loner, patent, trademark r copyright, the Seller shall ifid,V ify and save harmless the Purchaser farm any and all claims for infringement by reason of be one of such panned design, device, material o process in carmection with the contfad, and shall indemnify Ute Purchaser for any.4 expense or damage which it may be obliged to pay by reason of such infringement at any time during the proxcurion or after the completion of the work. In ease said equipment, or any pan thenrof or the Intended use of the goods, is in such suit held to contimte Infringement and the use of said abnormal or pan is adjoined, the Sena, shall, at its own expense and at its option, either pmmre far the Purchaser the right to continue Wing said equipment or puts, replace the same with substantially equal but noninrringing equipment, or modify it so it becomes nuninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or baddmpt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may foMwmi be canceled by the Purchaser without liability. 16. GOVERNING LAW. The &finitioas ofit. used or the intcryemlion oftbe agreement and the rights of all parties hereunder shall be construed under and go'emed by the laws ofibe Sure ofC.1o.d., USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including he services of Sellers RepresentativegA, an the premises of others. 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 se of my accident, destruction or injury to the work anther 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 are famished by others for installation or a,ectiod by the Sella. the Seller shall receive, unload, store and handle same m 6e site and hucotc despansible therefor as though such materials and/or equipment were being famished by do, Sella raider fire order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work coserM 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 can comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits arm least $300,000 for any one pc ma, $500,000 6r any one accident and property damage limit per accident of S400,000. The Seller shall likewise require has conductors, if any. to provide for such compensation and insurance. Before my of the Sellers or his contmmors employees shall do my work upon the routines of others, the Seller shall fumuh the Purchaser with a certificate shad each compensgic n and insurance have been provided. Such read! des shall specify the Jade when such endcompensation add insurance have breed provided. Such cenifiraes shall specify the date when such compensation insurance expires. The Seder agrees that such cotperwdon and into ere shall be craintrined..it aner the entioe work is completed and aver, der. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respansibilily and liability for any and all damage, loss or injury, of any kind r nature whatsoever 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 hamtless the Purchaser and any r all of the Purchasers officers, egur s and employees from teed agninat any and all claims, losses, damages, charges or expenses, whether direct or indirecl, and whether to person or property to which the Purchaser may be put or subject by reason of any art action, neglect, omission or default on the pad of the Sella, my of his commene, or any of she Sellers or contractors aRcers, .,a. or employees. In rase any .it or ome, proceedings shall be brought against Ne Purchaser. or its officers, agents or employees at my time on account or by reason of my act action, ogled, omission or default of she Sella of my of his commdors or any of its re their officers, agents or employees as afamood, the Seller hereby agrees to assume 6a defense Hereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys far and other expenses, any and all judgments that may be manned by or obtained againt the Purchaser or my of its or their oBic nd, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obcained against the property of the Purchaser, or said parties in or as a result of such suits or ether proceedings, the Seller will at once course the same to be dissolved and discharged by giving bold or otherwise. The Seller and his contractors shall take all safely precaution, furnish and install all gmards necessary for the prevention of accidents, comply with all laws aid regulation with regard to safety including, but without limicatim, se Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant some. Revised 07n014