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HomeMy WebLinkAbout501351 WORKSPACE INNOVATIONS LTD - PURCHASE ORDER - 9146998PO PURCHASE ORDER 914699er Page C117/ of PURCHASE 46998 1 of z Flirt Collins( This number must appear �,/`I ` V ` on all invoices, packing sli s and labels. Date: 11/28/2014 Vendor: 501351 WORKSPACE INNOVATIONS LTD 4414 E HARMONY RD SUITE 100 FORT COLLINS CO 80528 Ship To: CITY OF FORT COLLINS P O BOX 580 FORT COLLINS CO 80522 Delivery Date: 11/28/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Ordered Unit Price Extended Price t 2CLAR-RES-EKB-PM-HWM Standing Workstation Legs 1 LOT LS 1,592.00 2 Freight 1 LOT LS 175.00 3 Deliver & Installation 1 LOT LS 225.00 ref. quote # 413 S Bryan - Parks Shop dated 11/13/14 Contact: Jennifer Harvey ph# 970-221-6848 "Please coordinate delivery and installation with Jennifer H. " 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 $1,992.00 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 2 of 2 1. COMMERCIALDET'AIIS. Tax exemptions. By sense a the City of Fort Collins is exempt from stare and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Internal Revenue, Hoover, Colorado (Ref. Colorado Rented Statutes 1923, Chapter 39-26, 114 (a). Good Rejoined. GOODS REJECTED due to failure to men maificam., either when shipped or due to defects of damage in transit, may be resumed to you for credit and arc not to be replaced except upon receipt of wrimen instructions from the City of Fart Collins. Impcaion. GOODS arc subject to the City effort Collie important on mdrel. Final Acceptance. Receipt of the merchmdse, s response or equipment in to this order can result in authorized payment on the put of the City of Fort Collins. However, it is to M understood Oat FINAL ACCEPTANCE is dap tuponwmpleionofallapplicablerequired iemparimprocedures. Freight Terms. Shipments most be F.O.B., City of Fun Collins, 200 Wood Sl., Foa Collins, CO 80522, unless otherwise specifted on this order. Upermission is given to papa, freight and charge separately, the original freight bill must accompany invoice. AddMtal charges for parking will trot M accepted. Shipment Distance. Where marefadaren have distributing points in various pans of the country, shipment is expected from the nearest distribution point to decimrios, and excess freight will To deducted from Invoice when shipments are made from greats distance. Permits, Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles ofthe state, municipality, taccany or political subdivision where are work is performed, or required by any other duly contained public authority having jurisdiction over the work of vendor. Sella fuaber agrees to Mid me City of Fon Collins hamless f and against all liability tied loss incurred by them by cemon of an resened or established violation of any such laws, regulations, odimnces, roles and «quirem ma. Authorization. All parties to this contract agree that be representatives are, in fact, tom fide and possess full and complete authority on bind said Isarties. LIMITATION OF TERMS, This Purchase Order expressly limits ra ptmce to the terms and conditions stated herein set forth and my supplementary or additional it. and conditions annexed Matto or manufactured herein by reference. Any additional or different team and conditions proposed by seller art objecud to and hereby jetted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete dopmem to arrive on your Promised delivery dote as noted. Time is of the clients. Delivery and performance must be eeleaed within the time sated on me purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pemial into deliveries, shall operate as a waiver of this provided. In dr, rent of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofidacing this order elsewhere and holding the Seller liable for dosages. However, the Seller shall not M liable for damages as o result of delays due to causes ram reammbly foreseeable which are beyond its reasonable control and without its fault of negligence, such act m'Ged, arts of civil or military authorities, gavwomeaal Readies. Bill mike, Bond, epidendcs wars or rage ; provided that notice of be condition musing such delay is Room to the Purchaser within five IS days ofthe time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery mall M extended for the period equal to me time scantily lost by rexmn of are delay. 3. WARRANTY. The Seller warrants that BII goad, articles, materials and work covered by this under will confom with applicable drawings, specifications, samples maker other descriptions given, will be fit for the purposes intended, and performed with be hippest degree of care and warpcunce in accordance with accepted sdndards for weak of a similar rature. The Sella agrees to hold the purchaser arecics f any was, damage an expense which the Purchaer may suite or interim account ofthe Sellers breach of wamnty. The Sella shall replace, repair or make good, without cost to be purchaem any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the team of my applicable waranty provided by the Seller after the date of acceptance of be good domishW hereunder (acceptance not to M uvreawwblY delayed), coupling form imperfect or defective work done or materials fmuhed by are Sella. Ara fifive or use of goods by be Purhaur shall nor ounmre a waiver ofany claim maw this warranty. Except as otherwise provided N this purchase order, the Sellers liability hereunder shall extend to all damages proxineauly caused by the breach of any of the foregoing waramia or guaraatas, but such liability shall in no rent include loss of profits or Ions of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchases may make changes to legal terrns by —a —change order. 5. CHANGES IN COMMERCIAL TERMS. The Product, may make any changes no the Terms, other man legal toms, including additions a or delaims from the quantities originally ordered in the specifications or drawings, by verbal or wom m change order. If any such change affects me amount due or me time ofpeK manse him ueden an equitable sdjtmmens shall M made. 6. TER HNATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then at shipped, subject ig any equitable adjustment between the parties as m any work or materials than in progress provided that me Purchaser mall eat M liable for my claims for anticipated Bufrs oa due a rociam red panion of the good anNm work, for imidmal or consequential dvnagea, and That as, such adjustment M made in favor ofthe Sella with respect to any goads which am are Sellers standard stock No such termination shall relieve me Purchaser or the Seller ofatry of fair obligations as to my goads delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjunmmt must M assMed within ihim (30) days from the dam the change of temtimtion is ordered. L COMPLIANCE WITH LAW. The Serer wombs but all goods cold haemaer Sall have ban produced, sold, doh o red aM tarnished in strict compliance with all applicable laws and regulations to which are good am subject- The Seller shall execute rand deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to M ncoryomted in agreements of this character me, hereby incoryomred herein by this re(craw. The Seller agrees in iMennin fy and Mid the Purthescr mend. from all mats and damages suRhed by me Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall resign, muter, or convey this oNa. or my mania disc or or become due hereunder without be prim women co. oftM other pony. 10. TITLE. The Sella warrants full, clear and committed file to be Purchaser for all equipment, materials, and items burnished in perfof um of this agreement, film and clmu of my and all lieu, restrictions, enmament, seeuriry interest encumbrances and claims ofethers. I L NON WAIVER. Failure of the Parcaser to insist more strict performance of the to= and conditions hereof, failure or delay m exercise an y rights or remedies Provided heroin or by Law, failure to promptly notify the Sella in be event of a be ach. the acceptance ofor pymenr fat goods hereunder an approval afthe design, shall not release the Seller of any of the watmntia or obligations of this purchase order and shall not M deemed a waiver of any right of the Purchaser to insist upon shirt performance hereofor any of its rights or remedies as W my such good, regardless of when shipped, received or acceptai, res to any prior or subsequent default hereunder, nor shot[ my puryorted Mid modification or rescission of this Purchase order by the Purchaser opemu as a waiver of any of ate terms hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in soma[ commit practice, overcharges resulting from mlareat violatiem ate in fac[ borne by the Purchaer. Thermof c., fat good cause and as considemlion for executing this Purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafier acquirtJ weer fideml or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by me Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhmer directs me Seller to mnect nonconforming or defective goods by a date to be agreed upon by ncc Punchmer aM me Sella, and the Sella mam0er indicates its iwbiliry or unwillingness to comply, be Purchaser may muse be work d M performN by the matt expeditions meats available m it, and be Seller shall pay all costs as social ed with such weak. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature resulting from be performance ofsuch work. This calcium shall apply even in are event of fault of negligence of be puny released and shall extend m the directors, officers and employees ofsuch party. The Sellers run ernmed obligations, bcluding wart shall at IM deemed o M reduced, in any way, because such work is pert edor engaged to M Whispered by the Purchaser. 14. PATENTS. Whenever be Seller is required to use any large, device, material or process covered by limit, parent, imdemmk or copyright, me Sella snail indemnify cad save hattnless the Purchaser f any and all claims for infringement by reason of the care of such palmed design, device, material or peeress in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may M obliged to pay by reason of such infringement at any time during the pmsamion or after the compinion of the work. In case said equipment, or any pan thereof or be wtenaed use of Ore goods, is in such suit held to cmmtimre inlringemcm past the sere of said equipment or lam is mjoinel, me Sella shall, at its own expense and .11. opaeg either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but mninfroging equipment, or modify it so it becomes incriminating. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigmnm for the bereft of anshrors, appoint is receiver or trustee for any of the Sellers property or business, this order may forthwith M canceled by the Purchaser cement liability. 16. GOVERNING LAW. The definitions ofterms used or the interpretation afNe stammerer and are rights of all parties hereunder shall M construed undo and governed by be laws ofthe State ofColomdo, USA. The following Additional Conditions apply poly in cases where the Sella is m perform work Mrtuvder, includingde servicrof Sellers Re,clmaliveas),on he premises optimism. 17. SELLERS RESPONSIBILITY. The Sella salt any on said week at Sellers own risk m1i1 tM same is folly, completed and accepred, and shall, m wage of any accidend, destruction or injury to me work mNor mmaiat before Sellers fired completion and aceptmce, complete the work at Sellers own expense and no the satisfaction of be Pumhoser. When materials and equipment are famished by others for instalWhon or erection by the Seller, the Sella shall receive, unload, some aM haMle same at be arm and become responsible thertfot as; dough such mauria s andror equipment were being fmuhed by me Sell, under the order. I B. INSURANCE. The Sella shall, at his own expense, provide for be payment of workers compawation, imluding recommend because Mriefle, to its employees employed on or in mmectio s with be work covered by this purchase order, mNor to their dependents in a mu ance with the laws of the state in which be weak is to M date. Too Sella shall also carry compreheuive general liability including, but not limited to, conmetual and automobile Public liability insumnce with bodily injury and death limits ofat least $340,000 for my one person, $500,000 for any ere accident and property damage limit Per accident of $400,000. The Seller call likewise crime, his comractons, Worry, to Beside for such mmpensmen and insumnce. Before any of the Sellers m Isis mntmctors employees shall do any work upon me premises lifeboat. be Seller shall fmuh are Purchaser with a certificate that such mmpeasution and insurance hove been provided Such certificates aha11 specify me date when such compensation and imuemee have ban provided. Such cenificatu shall specify are date when such mmpeuatiou and isumme expire. The Seller agrees but such compression and insurance shall M maintaimd until ages the msire work is completed and accepted. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes tM ame respamibiliry and liability far any and all damage, loss or injury of my kind r nature whatsoever to yefsou or property mused by or resulting tram be execution ofthe work porvided has in this P.M. ruder or in mnnarion herewith. The Sella will iMemnify sad held harmless me Purchuer and any in all of the purchasers effects agents and employees from and against my and all claims, losses, damages, charges or expenses, wImma direct or radical, and whether ro persons or property 1g which the Purchaser may M put or subject by reason of my zcL action, mglaL omission m defult on be pan of the Sella, my other watmnce, m my of be Sellers or centmemor olBcors, agents or employees In eau my suit or other proceedings sou M brought against are Purchaser, or its officers, agents or employees at any time on account or by reason of my act, action, neglect, omission or default of the Seller of my of his contactors or any of its or their afters, agents or employer as aforesaid, be Sella hereby agrees to assume the defense therm( and to defend be same at the Sellers own experso, to Pay my and all costs, charges, ammmys fat and other expenses, any and all judgments tat may M incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien M placed upon or obtained against the property of the Purchuw, or said parties in or as a ..It of such as or other proceedings, the Sella will at once rouse Ore sang, to be dissolved end rummaged by giving bard or otMrwise. The Sella and his contractors salt take all safety pri a rions, Finnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limimtion, are Occupational Safely and Health Act of 1970 and all roles and regulation issued pursuant a emar, Revised OM014