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HomeMy WebLinkAbout501351 WORKSPACE INNOVATIONS LTD - PURCHASE ORDER - 9150255PO PURCHASE ORDER 915025er Page C117/ of PURCHASE 50255 t of 2 Flirt Collins[ This number must appear /�,,,-\V`I ` V " on all invoices, packing sli s and labels. Date: 01/13/2015 Vendor: 501351 WORKSPACE INNOVATIONS LTD 4414 E HARMONY RD SUITE 100 FORT COLLINS CO 80528 Ship To: FACILITIES DIVISION CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 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 of goods and/or services. 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 s and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By saute the City of FortCollins is exempt f same and local =a. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmificam of Registry M-6000587 is registered with the Collector of Failure of the Purchaser to insist upon stria parfomuraa of On: terms and cronditions hereof, failure in delay to Internal Revenue, Denver, Colorado (Ref. Calmnda Revised Samax 1923, Chapter 39-26,114 (a). exercise any rights or remedies Provided herein or by law, fm'lum or promptly notify the Seller in the cant of a brmch the acceptance ofur .Men, for goods hereunder or approval ofthe desgn shall sot release the Seller of Goods Rejecrd. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the animators or obligations of this purcba¢ order and shall ter be cleard a waiver of any right of the damage in taneiL may be returned to you for credit and am not to be replaced except upon receipt of wrinrn purchaser to insist upon strict wiormarrce hereof or any of its rights or matches as many such goods, regardless instructions from the City airport Collins. of when shipped, received or accepted, as W any pnor or subsequent default hereunder, nor shall any purported aal modification or rescission of this purchase order by the Purchaser 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 response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Too Collins. However, it is to be, understood that FINAL Sella and the Foramina recognize that in mtml economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Thencofore, for goal cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Surinam, must W F.O.B., City of Tom Collins, 70) Wad St., Fort Collins, CO 80522, unless acquired under federal or sum antitrust laws for such overchmga relating to the particular goods or services otherwise spraifid m this order. If permission is given to prepay freight and charge summary, the original freight purchased or acquired by the Purchaser pursuant in this purchase order. bill most m.mpany invoice. Adommil charges far parking will can be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in varimrs pans of the country, shipment is Ifthe Parclraer directs the Seller to.. nonconforming or defective gas by a dare to be agreed upon by fe expected from the neutral distribution paint or destination, and excess freight will be deducted from Invoice when Pmchaser and me Seller, and the Seller n,emafter indicates its inability or mo illoomess m.mply, the Purchaser shipments are made form greeter distance. may cause die work to W pafmmd by fe most expeditious mess available to i,, and the Seller shall pay all costs associated with such work. Primus. Sella shall pmmre Br sellers sole cast all ristaressary permits, cenifca e, and It.,, required by all applicable laws, regulations, odin from, and soles of the state, municipality, terrimry or political subdivision where the work is performed, or required by any other duly constituted public authority havitug joridiction over she work Of vendor. Seller further agrees to hold the City of Fort Collins homdess fiom and against all liability and loss incurred by them by ,eawn of an assured or ambushed violation of any such laws, regulations, ordinances, roles and requirements. The Seller shall moose the Purchaser and its comrdcmrs of any tier from all liability mal claims of my metre resulting from the performance Ofsuch work. This release shall apply even in the event of fault of negligence of the pang released and shall extend to the directors, officers and employees ofsuch parry. Authorization. All Fonts to this contract agree that the teprammuves are, in fact, bona fide mad possess full and The Sellers contractual obligations, including warranty, shall not br deemed to be reduced, in any way, because complete authority to bind said parties. such work is performed or caused to be prignifirmal by the Purchaser. LIMITATION OF TERMS. This Purchase Order otpressly limits mceptmre m the terms oral conditions stated herein sat foM and my supplementary or additioal terms and conditions amexed hereto or incorporated heroin by 14. PATENTS. reference. Any additional or different terms and mndoimas proposed by seller are objectd m and hereby jectd. Whenever the Sella is radial to aw my daigry desire, muted or process covered by lever, patent teadermrk .pyfi hu the Seller shall indemnify ad save hamdas the Purchaser from any ad all claims for infrngement 2. DELIVERY. by muccon of the true of such pleaded design, device, material or process in con ommin win, the .round. and PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on you shall indemnify the purchaser for my cos, expense or damage which it may be obliged to pay by reason of such promised delivery date as noted. Time is of the essence. Delivery and performance most b, effected within the time infringement at any time during the prose.tion or after the completion of the work. In case said equipmen, at stated on the purchase order and the documents machN herem. No acts of the Purchasers including, without any pan thereof or the intended use of the goods, is in such suit held to comanow infringement and the rue of limitation, acceptance of pmim late deliveries, shall operate as a waiver of this provision. In the event of any delay, said aluipment or pan is enjoined, the Seller shall, at its own expense and at its option aft procure for the the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays noninlHnging equipanal, or modify it so it becomes noninfdnging. due to canes not nationality foreseeable which ore beyond its reasonable control and without its back of negligence, such Deis of God, no ofcivil or military authorities ,g-maurnulprioria".goes, strikes, Rood, epidemics, wars or 15. INSOLVENCY. riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Seller shall become insolvent or bankmpq make an assignment for the benefit of creditors, appoint a time when the Seller firsr received knowledge thereof In the event of my such delay, the date of delivery shall be receiver or wsme for any of the Sellers property or business, this order may forthwith be canceled by the extended foe the peril equal to the lime actually lost by moon of the delay. Purchaser without liability. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work .veld by n,is order will conform with applicable drawings, specifications, smnples and/or other daoriptions given, will be, bat for the purposes intended, and performed with the highest degree of care and anioperance in accordance with accepted standards for work of a similar mture. The Seller agrees in hold the purclauer harmless from any loss, damage or expense which fc Purchaser may suffer. m intro on wcomt of the Sellers breach of ins V. The Seller shall replace, repairm make good, without cast to the purchaser, any defects or faults arising wifia one (I) year or within such longer Paid of time as may b, protruded by how or by the team of any applicable wammty provided by the Sella after the date of mcepance of the goods fumishd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect Or defective work done or materials famished by the Seller, Acceptance or use of goads by the Purchaser shall not constitute a waiver Of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability bereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes f Iega[ it. by wrinen change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may stake my changes to the terms, Other than legal terms, including additions to or deletions from the quantities originally ordered in the specifics or drawings, by cabal or written change order. If my such change affeas the amount due in the time of performmce hereunder, an equitable adjustment shall be anode. 6. TERMINATIONS. The Purchaser may al any time by written change aide,, tamiame fig agreement as so my or col humans of the goads then not shipped, subject to any equitable adjustment between the parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profs an the uncompleted portion of the goods angor work, for incidental o, naccommial damages, and that no such adjustment b, made in favor of the Seller with respect to any gods which are the Sellers wool stack. No such lamination shall relieve the Purchaser or the Sella of any ofdieir obligations ne to any goods delivered hereunder. q. CLAIMS FOR ADJUSTMENT, Any claim for adjustment most be, asxned within firm, (30) days from the date the change or termination is ordered, R COMPLIANCE WITH LAW. The Seller wmrants dial all goods sold heteuder shall have been produced, sold, delivered and furnishd in min compliance warn all applicable laws and regulmons to which the good are subject The Sella shall execute and deliver such document as may be, required no effect or evidence.pmfiame. All laws and .,]arm. rcamird to be incorporated in agreements of this character am hereby incorporated herein by this mference. The Sella agree m indemnify and bold fe Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall nsson, transfer, or convey this order, or any monies due or to become due hereunder without the prior ormen consent office other party. 10. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, maderind , and it. famished to performance of fis apartment fare and clear of any and all liens, mtrictions, reaervitioas. security, intrust atcumbmma and claims of others. 16. GOVERNWG LAW. The &fluid.. of,. used or fin, interpretation of the agreamem ad the rights of all ponies hereunder shall be mnsuued under and governed by the laws offe Suite of Colorado, USA. The following Additiorul Conditions apply only in cows where the Seller is to Fergana work hereunder, including bar services of Sellers Represen rivex), on the premises oFulters. 17. SELLERS RESPONSIBILITY. The Sella shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work and/or ntatalals before Sellers firal 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 archon by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or aluipmatt were being fumishad by the Seller under the order. IS. INSURANCE. The Sella shall, at his own expense, provide far the payment of workers .mpeasulim, including occupational disease benefits, to its employees employed our or in .rmection with the wok covered by fis purchase order, sugar so their dependents in ucordance with the laws of the sate in which the work is to he done. The Sella shall also carry compreMnsive general liability including, but not limited to, summarized and mtocrobile public liability insurance with Wily injury and death limits of in least S300,000 for my are person, 5500,00o for my one accident and p rpmy damage had per accident of S400,000. The Seller shall likewise fismita his connacmts, if my, to provide for such compensation and insurance. Before my offe Sellers a his contractors employees shall do any work upon the premises of others, the Seller shall f ish the Packager wif a canifwm that such compensation and morn nce have been provided. Such certificates shall spaify me date when such compensation and insurance have been provided. Such cenifnwles shall spaify the date what such compensation and insurance expires. Thc Seller agrees that such compensation Iced imurmce shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind r aanue whatsoever to persons or property caused by or mulling from the execution offe work provided far in this purchase order or in connection herewith. The Seller will indemnify ad hold hmmless the Purchaser roll my r all of the Purchasers offt agora and employees from teal against my and all claims, losses, damage, charges or expenses, whether direct or in irec, ad whether to persons or property to which the Purchaser may he put or subject by reason of my act action, neglect omission or default on der prat of the Sella, my of his contractors, Or my of the Sellers or contrxturs affirms, s, agents o, employees. In case my suit or other praeedings shall be brought against the Pmchaer, Or its officers. agents or employees many time on account in by mawn of my act, action, neglect, omission or default of do, Sella of any of his mmroams or my of in or their officers. agents or employees as aforesaid the Sella hereby agrees to assume Ne defense diamf and to defend the same at the Sellers own expense, to pay any and all cost, charges, atmmeys fees and other expenses, my and all judgments that may be, iacurted by or obtained against the Purchaser or my of its a, mein officers, agents or employees in such suits or afar proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a mull of such suits or ofer proceedings, the Seller will at once cause the same to he dissolved and discharged by giving band or ofervdse. The Seller and his contractors shall like all safety precautions, famish and install all guards naessary for the prevention of accidem s, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursumt metric. Raised (Had 14