Loading...
HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9147006PURCHASE ORDER PO Number Page City, of PURCHASE 9147006 , of 2 Flirt( oltinC This number must packing !-\V`I ` V 1 1e7 on all invoices, packing sli i and labels. Date: 12/01/2014 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: 12/01/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price 1 City Manager's Office 1 LOT LS 10,987.20 Furniture for two offices. reference duote # 41430 dated 10/9/14 Contact: Jennifer Harvey ph# 970-221-6848 ** Please coordinate delivery and install with Jennifer ** 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 .20 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. COMMERCIAL DETAILS. Tax exemplariness By datum the City of Pon Collins k exempt from state and local loxes. Our Exemption Number is 98-04503. Federal Excise Tax Exemption Cenificale of Registry 84-6000587 is registened with the Collator of 11. NONWAIVER. Failure of the Purchase to insist upon strict perfoemnce nine, mew and condltiaw hero!, failure or delay he Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statute 1993, Chapter 39-26, 114 (a), exemis, any rights or remedies provided herein or by law, failem to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specifications, either when shipped car due on defects of any of t1m wanantie or obligations of this purchase order and shall not be d een d a waiver of any right of the damage in trausd, may be rtmmrd to you for mail eb are not to be replaced except arms receipt of written purchaser b insist upon strict performance hereof or any of its rights or remrdws as la any such &codl regardless instructions from the City ofFon Collins. of when shipped, received or accepted, as many prim or subsequent default hereunder, nor shall any purported oral modification or remission of his purchase order by the Purchase operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fan Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in repmwe ro this order can result in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authmizN payment on the pan of the City of Fan Collins. However, it is to be understood Out FINAL Sadler and the Pumhasen rxognim that in actual ecowww prommer, overcharge, resulting form antitrust ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures. violations art in DO home by Om puorkmat Thro mfore, for good aura and as consideration for executing this purchase order, the Seller hereby assigns b the Purchaser any and all claims it may now have in hereafter Freight Terms. Shipments must be F,O.B., City of Fun Collins,'RIO Wood St., Fun Collins, CO 80533, unless acquired wider federal or true smlbusu laws for such overcharges relating to the rancid., goods or services otherwise stoefied on this ruder. U permission is given to prepay freight and charge separately, the original freighl purchased or acquired by the Purchaser pursuant o this purchase order. bill must acmmwnv income. Additional entrees for racking, will not be screamed. Shipment Distance. Where manufactuers have distributing points in various pans of the country, shipment is expected from the nearest domination paint to detimtion, and excess freight will be deducted Grim Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers to cast all necessary permits, eeefificatac and In. obtained by all applicable laws, regulations, ordinances and ones of the sure, municipality, motion, or political subdivision where the work is performed, or minimal by any when duly constituted public authority having] oisdinion over the work of vendor. Seller turner agree to held the City of Fort Collins harmless Bom and against all liability and loss incurred by them by eaxwn of an asserted or established violation of any such laws, regulations, ordinances, rule and requirements. Ambermendi n. All Wnies m this eontrwt agree nor the representatives are, in fact, bona fide out possess full and complete authority to bind said ponies. LIMITATION OF TERMS. This Purchase Order expressly limits item an<e to the tams and conditions sated herein set forth and tiny supplementary or additional terms and conditions amexed hereto or incmpemmd herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. ].DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to move on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated as the purchase order and the documents attached heem. No acts of the Purchasers including, without limitation, acceptance of psnial late deliveries, shall operate as a waiver of Nis provision. Io the event army delay, the Purchase shall have, in addition to other, legal and cquiuble remadlq the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages u a result of &days due to causes not reasonably foreseeable which we beyond its reasonable control and without it fault of negligence, such acr of God, acts of civil of military authorities, govemmenrl priorities, Gres, strikes, (load, epidemics, warse, riots provided Out notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Gm received knowledge therm(. In the event of any such delay, the date of delivery shall be expanded for the peried,quit ro the time actually lost by manwn ofhe delay. 3. WARRANTY. The Seller warrants that all gook, articles, materias and work covered by this order will conform with applicable drawings, specifications, sample and/or other desenptiou given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with worried standards for work of a similar w one The Sella agree to hold the purchaser harmless from any loss, damage of ex, which the Purchaser may sufferer incur on account of the Sellers breach of tmrmly. The Seller shall replace, repair or make good, without cost to the purchaser, tiny defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by he terms of any applicable warranty prodded by the Sella after the date of acceptance of he goods famished bertuMcr (wcrprnce not to be communicably delayed), resulting from imperfect or defective work done or materials famished by her Seller. Acceptance or use of good by the Purchaser shall not oostitum a waiver of any claim under this warranty. Except as otherwise provided in his Purchase oc eq the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing animators or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal corms by women change oNe. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to he imam, other then legal tams, including additions to or deletions from dm quamilies originally will in me speificatiam w drawings, by verbal err wrinen change oNe. If my such change affects the amount dun or the time of paf nniance hereunder, w tyuicable ndjwtment shall be made. 6. TERMINATIONS. The Purchaser may at any time by vow. change order, terminate this agreement as to any or all portions of the goods then ant shipped, subject bony equitable adjuvmrnt between the panic as to any work or materiak then in porgress provided ram me Purehaur shall ram be liable for any claim for anticipated Profits on the uncompleted ponion of the good as&or work, for incidental or coaragami d damages, and that no such adjustment be made in favor of the Seller with respect to any goods which ass the Sellers standard stack. No such mrmiratlon shall relieve the Purchaser or the Seller army oftheir obligations as to any good delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim far adjnsrmenl must he •v •need within thirty (30) days from the date he change or memiewim is normal. 8. COMPLIANCE WITH LAW. The Seller wamnts that all good sold hereunder sholl have been produced, sold, delivered and famished in turner compliance with all applicable Laws and regulation to which the good ere subject The Sella shall connote and deliver such documents as maybe ox tired to effect an evidence compliance. All laws end regulations empuired tobe incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Porchuer hmmles from all costs and damages suffered by the Purchaser as a result of the Sell. failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, bomber, or canvry this or or any monde dun or to become dun hereunder without the prior written cement of the other party. 10. TITLE. The Seller amounts, full, clew and wresuined tine to the Purchaser fm dl equipment, materials, and items furnished is perfom man of this agrtemeat free and clear of any and ell lieu. reeictions, reservations, smuiry interact encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. lithe Purchaser drivers the Sella to correct wnconfosming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicate its inability or unwillingness no comply, the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Sella shall pay all costs associated with such work. The Sella shall release the Purchase and its contractors of any an from sll liability, and claims of any carom resulting from the performance of such work. This release shall apply even in me evcar of Leon of negligence of the any mimscl and shall extend to the directors, olfiaes and employes afsuch parry. The Sellels contraenal obligations, including warranty, shall not be deemed to be reduced, in any way, because such vol is performed or caused to be Performed by he Purchase. 14. PATENT S. Whenever the Seller is required to use any design, device, material or process covered by lencr, Patent, trademark m copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement by earn of the ate of such potenled design, device, material m process in cowechom with he come, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to Pay by earn of such infringement at any time during the pmsceution or after the completion of the work. In case and equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either Proton, for the Purchaser the right to continue using said tyuipme tit or pans, carbon, the same with substmtially equal but voviafringing equipment or modify it so it becomes manifesting. 15. INSOLVENCY. If me Sella shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tru rim far any of he Sellers propery err business, his sale, may forthwith be canceled by he Rue,sser without liability. 16. GOVERNING LAW. The definitions of tent¢ used or the interpretation ofine agreement and the rights of all parties hereunder shall be onsa ged under and governed by the lawa of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers liegrassaw ive(s), writhe premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllds own risk win the same is fully completed and accepted, and shall, in rase of any wcidenk detraction or injury to the work anNor mamriass before Sellefs final completion and acceptance, complete the work at Sellers awn e.,. and to the satisfaction of the Purchaser. When materials and equipment arc famished by others 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 materials andlor equipmnu were being famished by he Seller under the order. 18. INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease brrefits, to its employes employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall also carry comprahrnnne general lwhility including, but not limited to. contactual and automobile public liability insurance win bodily injury and Awn limits of at least 5300,000 for my one Promise, 5500,000 for any accident and Property domn6e limit per accident of S400,000. The Seller shall likewise requite his comrecmrs, Harry, to provide for such compensation and insurance. Her any of m, Sellers on has contractors employees dull do any work upon the premises urethras, the Sella shall famish nee Purchaser with a certificate that such compensation and iniumace have been provided. Such tworicates shall specify the date when such ampenwtion and insurance have been provided. Such certificates shall specify nee dam when such compensation and insurance expires. The Seller spaces mat such compcnmtion and insurance shall be maintained until after nee entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby, assume the entire rraporesibiliry and liability for any and sll damage, lass or injury of any kind so oNe who., persons or progeny caused by m reselling from the execration of the work provided for in this pumhase order or in comedian herewith The Seller will indemnify ®red hold harmless the Pwchasen and any w all of no Purchasers si fic ns, agents and employees from and against any and all claims, losses, damages, charges or it,ormi, whether, direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on he pan of he Seller, any of his contractors, or soy of the Sellers of contractors officers, agents or employees. In case any suit or other proceedings; shall be brought against the Purchase, err its oRc., agents or employee at any fine on account or by reawu of any act motion, neglect, omission or defiuh of the Seller of my of his contractors ar any of its or meta officers, agents or employees as afaressid, the Seller hereby agree to assume the defense thereof and to defend he same at me Sellers own oxpcnse, to pay nay and all cads, charges, attorneys, fees and other expenses, any and all judgments That may be incurred by or obminad against he Purchaser or any of its or heir officers, agents or employees in such suits or other proceedings, and in cum judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panic in or as a result insight suit or aher proceedings, the Seller will at cause wove the more to be dissohd and diwMMg by giving band or otherwise. The Seller and his contractors shall take all safety precautions, famish and imtall all guard necessary for the prevention of wcidenr, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Hmalth Act of 1970 and all rules and regulations issued porruant thereto. Revised 072014