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HomeMy WebLinkAbout102722 OFFICESCAPES SCOTT RICE - PURCHASE ORDER - 9150244PO PURCHASE ORDER 915024er Page C117f of PURCHASE 9150244 t of z ' `t Collins lies This number must appear V ` on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 102722 Ship To: FACILITIES DIVISION 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: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price t Blanket Order 1 LOT LS 5,000.00 Misc. Furniture/Installation cover the cost of miscellaneous labor/materials for fiscal year 2015. All deliveries shall be made upon request of City Facilities department only. All completed services must be accompanied by an invoice or job ticket including contact person and site location. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount 2 Blanket Order 1 LOT LS 10,000.00 Misc. Furniture 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. COMMERCIAL DETAILS- Tax exemptions. By statute the City of Fort Collins a exempt from state and local rocs. Our Exemption Number h - 11. NONWAWER. 984N501. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registered wins dw Collector of Failure of the Purchaser to insist upon mitt perfommnce of the Irnns and caphoons hereof, fatilure or delay W Internal Revenue, Denver, Colorado (Ref COloeem Revised Somi es 1973, Chapter 39-26. 114 (a)t exercise my rights in manages provided herein or by law, failtue to pmWtiy notify the Seller in the event of a breach de zccepmna ofor payment for goods Forecasted or approval offm design, shall not release the Seller of Goods R jetted. GOODS REJECTED due to failure to man specifications, either when shipped or due to defects of my of the isnnanties or obligations of this pashas, order and shall not be darned a waiver of my right of the damage in transit may he retomed to you for credit and are not no be replmed except upon receipt of wrinen purchaser to insist upon strict performance hereof or any ofits rights or remedies w to my such goods, regardless instructions from the City ofFon Collate. of when shipped, roc ived or accepted, is to any prior or subsequent dafaull hereunder, on shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tames Inspadion. GOODS me subject to the City of Fort Collins inspection on critical. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in Il. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment oa the pm of the City of Fon Collins. However, it is W be understood that FINAL Seller and the Purchaser mognim that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cane and as consideration for executing this purchase offer, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tames. Shipments most be EO.B., City of Too Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired undm federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise sposifrad on this often If pemission is given to pui freight and charge upamody, the original freight purchased or acquired by the Purchaser Function to this pumbau order. bill most anmmpany invoice. Additional charges for packing will not be accepted. I3.PURCHASERS PERFORMANCE OFaSELLERSOBLIGATIONS. Shipment Dhfliai Wberemanution have ofthedhourIvoice min toheply,meagreed urbythe comnnonconforming or dcfecity If dwpure Per from the neamt distributor. point to desnimtim, and excess freight will he deduced from Invoice when its imeanry or unwillingness m comply, the Rucham and the Seller, and lm Sellery or unwillingness and teShca, it don Se shipmasitectudn shipments aft mode fmm greener divas,. the meet expedes cony muse the work to he trued by the most expeditious means available to it, and thc Seller shall pay all way dow costs assonated with such work. Permits. Seller shall procure at tillers sole cost all necesary poi nirs, certificates and licems requited by all applicable laws, regulations, ordinances and roles of the state, municipality, mmtory or political subdivision whom the work is performed, or required by any other duly rorutitmed public authority havingjurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hammlus fmm and against all liability and loss ncumd by them by reason of an asserted or established violation of any such laws, regulations, ordinances, colas and requirements. Authorimtion. All pmier to this contract agree that the representatives are, in fact, bona fide and possess fill and complete authority to bind said parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions staled herein set forth and any supplementary or additional terms and conditions amazed hereto or incamomted herein by reference. Any additional or different mina and conditions proposed by sells are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to active on your promised delivery Nor as nmed. Time is of the essence. Drive, and perfomanme cmusr be eft ted within the time stated on the purchase order and the documents enriched hereto. No acts of the PuocRssm including, without limitation, acceptance ofpanial lace deliveriu, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal mal equitable remedies, me option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages w a result of delays due to causes not reasonably foresaable which are beyond its wasomble control and without its fault ofnegligence, such arcs of God, acts of civil or military authorities, governmental priorities, fires, strikas, now, opidemics, wars or cots provided that mum 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 extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, amorous and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will W fit for the puryosas intended, and perfumed with the highest degree of emu and competence in accordance wins accepted standards for work of a similar nature. The Sella agrees W hold the pummad Functions from any loss, damage or expense which the Purehsscr nay sulfa or mom on account of the Sellers breach i f warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within now (1) year car within such longer'mod of time as may he proscribed by law or by the terms of any applicable wamnty Provided by the Seller after the date of mceplance of the goods furoished beremder promptaace not to be term ably delayed), washing form imperfect or defective work done at frnmah finished by thc Sella. Acceptance or use of good by the Purchaser shall not action, a waiver of my claim under this wamay. Except as otherwise provided in this purchase order, the Sellers liability heeunder shall extend to all damages proximately earned by the breach of any of the foregoing warranties in guammmes, but such liability shall in no event include loss of profs or loss of tee. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CI IANGES IN LEGAL TERMS. The Purchaser may make changes to legal lams by wnden change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the gamines originally offered in the spaifcmiom or drawings, by ventral or woman change order. If any such change dific s the amount due or the time ofperfomlmce hanedukr, an equitable adjuarrom shall he made. &TERMINATIONS. The purchaser may in any time by women change order, terminate Nis agreement as to any or all lwfiom of dire good then not shipped, subject to any equitable adjustment Mwem the pmies as to my work or materials then in Progress provided Nor me Purchaser shall not he liable for any claims for anticipated pmfts on the umrompleed portion of the good ami work, for incidenul or carecon natal damages, and fial now such adjustment be made in favor ofthe Seller wins owner to any good which art the Sellers standard stock. No such temitation shall relieve the Purchaser or the Seller ofany of their obligations w to my goods delivered formation. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or nomination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents us may be required to effect or evidence compliance. All laws and regulations required W be incorporated in agmamena of this character are hereby irw aryormed herein by this reverence. The Seller agrees to indemnify and hold the Puchaser harmless from all costs and damages saffered by the Purchaser res a mull of the Sellers failure to comply with such law. 9. ASSIGNMEW. Neither party shall assign, mushier, or convey this orM, or my monies due or to become due hereunder without the poor wrinm..at of the other pray. 10. TITLE. The Seller warrants poll, clear and unrestricted title to the Purchaser for all equipment, noterals, and items famished in performance of this agreement from and clear of any and all liens, restrictions, trienniums, secucry interest encumbrances and claims ofmi ers. The Seller shall rehouse the Fund. and its contractors of any tier from all hominy and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry seemed and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be darned to be reduced, is my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sollars required to use any design, device, material or prodder covered by Item patent modernistic or mvyright the Seller shag indemnify and rave harmless the Purchaser room any and aft claims for infringement by reason of the use of such patented design device, material or process in connection with the contract, and shall indemnity the Purchaser for any cost, expense or damage which it may be obliged or pay by cousin of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or my pm therm( 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, st its own expense and or its option, either pmcare for the Putchmer the night to continue in, said equipment or pans, replace the some with stbstmti illy egml but nmerfin"ng equipment, or modify it u it Famous noromm grog. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assigmnem for the bene5t of auditors, appoint a receiver or uuswe for any of the Sellers property or business, this order troy forthwith be canceled by the Purchaser without liability. I6. GOVERNING LAW. The defltime ofleems teed or the interpretation of the agreement and the rights of all parties hereunder shall be construed miler and governed by dw laws ofthe State ofColomdo, USA. The following Additional Conditions apply only in cases where thc Sella is to perform work hereundm, including the services of Sellers Repremative(s), an she premkses o(odtecx It. SELLERS RESPONSIBILITY. The Sella shall wry, m said work at Sellers own risk unfit don same is fully completed and accepted, and shalt in rase of any accident danuction or injury to the work andor materials bcf Sellers final completed and acceptance, complete the work in Sellers most, expense and to the satisfaction of the Purchaser. When materials and occupation are famished by others him installation or aemiom by Be Sollm 0cc Seller shall receive, unload, store and handle some st fie site and become mpowd,le therefor us though such mmeriaB and/or equipment were being famished by me Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, Provide for the payment of workers compensation, including occupational disease benefits, to its employees 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 sum in which the work is to be done. The Sella shall also carry comprehensive general liability including, but at limited W, cortmetml and automobile public liability insurance with bodily injury and deans limita of. least S300,000 for my one prrson, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require h0 tutors, if any, W provide for such compensation and insurance. Before my of the Sella or his contractors employees shall do my work upon the premises of others, the Seller shall furnish the Footwear with a ceatficate that such con desston and insurance have bun pmvid Such certifmes shall specify do date when such ompematon and imorence hove been provided. Such comficams shall specify the date when such compaccition and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until alter the more work ca completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mponsibility and liability for any and all damage, loss or injury ofmy kind Or name whamoever to persons or property crowd 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 fe Purchaser and any or all of the Purchwers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether dirert 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 an the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In mu any suit or other proceedings shall be brought against the Purchusm or its officers, agents or ampleycm at any now on account or by reason of my act action, rallied, omission or default of Ne Seller of any of his contractors or any of its or their officers, agents a employees as i forevid, the Seller hereby agrees to assume the date= thereof and to defend the saute at the Sellers own expense, to pay any and all casts, charges, attorneys fees and other expenses, my and all jodgments that may he inured by in obtained normal the Putchnser or my of as or their officers, agents or employees in such suits or other proceedings, and in case judgment in other lice he placed circus or obtained against the property ffidw Ptucham, or said panics in or as a resuh ofsuch suits or oNer proacdings, the Sella will at once cause the now to he dissolved and discharged by giving band or otherwise. The Seller and his wntraztons shall take all safety pmmtions, firmuch and install ail gr ands necessary, for thc prevention of accidents, comply with all laws and mgulations wins regard to safety including, but without limitotion, the Occupational Safety and Health An of 1970 and all roles and regulations issued pursuant themo. Revised 07n014