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HomeMy WebLinkAbout548813 WOOL HAT FURNITURE - PURCHASE ORDER - 9147068Fort Collins Date: 12/02/2014 PURCHASE ORDER PO Number Page 9147068 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 548813 Ship To: OPERATIONS SERVICES WOOL HAT FURNITURE CITY OF FORT COLLINS 119 E LINCOLN AVE 300 Laporte Avenue FORT COLLINS CO 80524 Building B FORT COLLINS CO 80521 Delivery Date: 12/02/2014 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price i City Hall break room table 1 LOT LS 6,500.00 Provide labor and materials to build 10' x 4' curved break room table from the reclaimed YAC gym floor and finished with Polyurethane per proposal. ref. email dated 11/6/14 from Danelle Britt Contact: Chad Mapp ph# 970-221-6227 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 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. COMMERCW,DETAIIS. Tax exemptions. By dome the City of Fort Collins is exempt fmm state and local rages. Our Exemption Number is 11. NONWAIVER. 98-04501. Federal Excise Tax Exemption Cenifcau of Registry 84-6000587 is registered with she Collator of Failure of the Freebooter b insist upon strip performance office tern, and conditions hereof, failure in delay to Internal Revenue, Denver, Colorado (Ref Colorado Revised Statures 1973. Chapter 39-26, 1Is (a). exercise any rights or remedies provided herein or bylaw, failure to promptly notify the Seller in the event of a breach, the acceptance of rotational for goods hereunder or approval ofine denim, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned on you for credit and are not to be replaced except upon receipt of wriven purchaser m insist upon strict performance hereofor any of its rights or remedies as 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 oral modification or rescission of this purchase order by the Purchaser opemte a a waiver of any of the terms Inspection GOODS are subjauo the City of ran Collins inspection on modest. hcreaf. Final Acceptance. Recaps of the merchandise, services or sam'srat in response is this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aatharized payment on the pan or the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchnser reogaide theft in actual a is practice, o cmhmges tosultiag from snliWst ACCEPTANCE is depeedmt upon completion ofall applicable required inspection pmcedurts. violations are in fact bore by the Purchaser. Theraftfom, for good came and a consideration for executing this purchase order, the Seller hereby assigns to the Purchase any and all claims it may now have or hereafter Freight Terms. Sldpments most be F.O.B., City of Fort Collins, ID0 Wood St., Fort Collins, CO 80522, unless acquired under federal or auto antitrust laws for such overchorges totaling to the particular goods or services otherwise t'su find oa this under. If,ermimion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchases, parsuanuo this purchase order. bill must accompany imnics. Additional charges for packing will nos be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing prints in various pans of the country, shipment is Ifthe Purchaser directs the Seller to correct noncontiming or defective goods by a date to be agreed upon by the expected fur the saint distribution print to datlaation, and excess freight will be deducted from Invoice when Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from grater dome.. may now the work to M performed by the most expeditious means available to it, and the Seller shall pay all costs ass«idat with such work. Permits. Seller shall pmcore at sellers sole cost all recesmry permits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the stare, anarri,iddy, b rrimry or political subdivision where the work s palmist or tapirtd by any other duly constituted public .,had, hasingjurielictim over the work of vendor. Seller farther, agrees to hold the City of Fort Collins hamlets firm and against all liability and loss incurred by them by reason of an asserted or atabl¢hed violation of any such laws, regulations, ordinances, roles and narcissuses, Authorization. All parties to this contract agree that the representatives ore, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Portfolio Order earnestly limits acceptance 1m the terms and conditions stated herein set forth and any supplementary or additional terms and conditions soused herein or incorpommd herein by reference. Any additional or different mum sand conditions proposed by seller ere objected to and hereby jetted. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the arms, Delivery and performance most be effected within the time sated on the parchae asks and the documents attached hereto. No acts of to Purchasers including, without limitation, acceptmw cf partial late deliveries, shall nitrate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable brandies, the option ofplacing this order elsewhere and holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result of delays due to causes not moserably foreseeable which are beyond its reasonable control and without its fault of negligence, such is of Gad, acres of civil or military aushodlies, gocontinental smilia, fires, mikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the it= when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal m the time actually last by mason of dre, delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit fro the purposes intended, and pert d with the highest degree of rare and competence in ectoplasm, with accepted standard for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may rDer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defial or faults wising within one (I) year or within such longer pond of time as may be prescribe by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the good punished hereunder (accordance nor to be mouisonubly delayed), resulting from imperfect or deective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this wamnnry. Except as otherwise provided in this pmchow order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or umantes, bur such liability shall in no event abolu& loss ofprofin or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser nay nuke changes to legal telms by carom change order 5. CHANGES IN COMMERCIAL TERMS. no Purchaser may make any changes to the terra, other, Dan legal muss, including addaioas 10 or deletions fmm the quantities originally ordered in the specifications or drawings, by remsl o written change order. 11any such change offers the omovut due or time i f,afamance hereunder, on eqn table adjustment skull be mode. 6. TERMINATIONS. The Poselocam nay a1 any time by written change order, terminate this agrttmead as 1m any or all ponims of the goods then car shipped, subject to any equitable adjustment ber acen the parties a to any work or materials then in prgbcss provided Nat elm Purchaser shall non be liable for any claims far anticipard profits on the uncompleted ,onion of the goods andtor work, for incidental or terminated damagq and shout no such adjustment M wade in favor of the Seller with raped many good which art the Sellers sundae stock. No such temmemen stroll relieve the Purchaser or the Sella of any oftheir obligations as m any good delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty, (30) days fmm the &te the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have ben produced, sold, delivered and famished in strict compliance worst all applicable laws and regulations m which the goads we subject. The Seller shall execute and deliver such doewnents as may be required to effect or evidence com,liame. All Jr. and regulations required to he incorporated in agreements of this character sat hereby incopomted herein by this reference. The Seller agtoa to indemnify and hold the Purchaser hvmlisss from all casts and damages Buff red by the Purchaser as a result of the Sellers failure m comply with such law. 9. ASSIGNMENT. Neither pray shall assign, nansfeq or convey this aide,, or my mania due or to become due hereunder without the prior written consent ofthe other party. 10. TITLE. The Sella warrants full, clear and memorial title to the Purchaer for all equipment, materials, and items banished in perfesmance of this agreemenf free and clew of my and all liens, restrictions, reservations, security motion encumbrances and claims of.thers. The Seller $fall release the Purchaser and its consumers of any tier fmm all liability and claims of any nature resulting firms the pedormance of such work This release shall apply even in the event of fault of negligence of the party relessd and shall extend so the directors, atfmcera and employees of such pony. The Selle's contractual obligations, including warranty, shall not be demand to nd reduced, in any way, because such work is perfumed or caused to be performed by the Prowlers, 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or ccp,,hl, the Seller shall indemnify and mve hamdess the Purchaser fmm any and all claims for inMagemem by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify tlrc Purchater fro any cost expense an damage which it may he obliged to pay by reason of such infringement in any time during the prosecution or after the completion of the work. In case mid equipment, or any pan thermr or the intended use of the geed, is in such suit held to comtitum infringement end the use of said equipment or pan is enjoined, the Seller shall, at its awns expense and err its option, either procure for the Purchaser the right in continue using said aluipment or par, replace the mate with substantially equal but oonmfn'nging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt. make an assignment for the benefit of creditors, appoint a receiver or rus ttee an for y of the Sellers pmperty or business, Wm s order ay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The &finisons oftrrms used or the interpretation ofhe agreement unit the rights of all ponies hereunder shall be construed coder and govemd by the laws of the Sate ofColerra o, USA. The following Additional Conditions apply only in cases where the Seller is as perform work hereunder, including she services of Sellers Represenutivys), ran the premises afotheru 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selleds own risk until the same is fully completed and accepted, and shall, in se of any accident, datmaion or injury to the work maker materials before Seller's final completion and et,tence, complete the work at Seller's own expenm rand to the satisfaction of the Purchaser. When maerials and equipment are fumished by others for installation or erection by the Seller, the Seller shall receive, unload, scare and handle same at the site and become responsible therefor as though such rwteriAs and/or equipment mere being fumished by the Seller under the coder. 18. INSURANCE. The Seller shall, al his own expense, provide fro the payment of workers compeaatim, including occupational disease benefits, m its employees employed as or in connection with the work award by this pmchas'e order, and/or to their dependrnu in membrane with the laws of the state in which the work is to be done. The Seller shall also tarty comprehensive general liability including. but not limited m, rea tracnal and eatomobile public liability insurance with bodily injury and death limina of a1 It. $300,000 for any one pecan, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, irony, to provide for such compensation and ins umner. Defmre any of the Sellers er his xintracmrs employees shall des any work upon the premiss of others, the Seller shall fiunish the Purchaser with a certificate that such compensation and insurers, have been provided. Such certificates shall specify the date when such compensation and insurance have boon provided Such cenificata shall specify the date what such compensation and insurance expiress. The Seller agrees mat such compensation and insurance shall be maintained until after the entire work is complaed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby construct the attire omponsibiliry and liability for any and all damage, lass or injury ofany kind r nature wharsoever to persons or property caused by or resulting firm the execution of the work pmvi&d for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchaen officers, agents and employees Form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, any of his contractors, of any of the Sellers or connectors officers, agents or employes. In case any suit or other proceedings shall be brought against the Purchaer, or its offcers, agents m employees at any time on account or by ream. of any act, msion neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employes m material, the Seller hereby agrees to assuam the defense thereof and to defend the same at the Sellers owe expense, to pay any and ell comes, charges, atomeys fees and other cxposea, my and all judgments that may M incurred by or obtained against the Purchaser or soy of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or mlmr her be placed upon or obtained against the pmperry, of the Purchaser, or said ponies is or as a result of such was or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and instill all guard caamry for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued Forward thereto. Revised 07n014