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HomeMy WebLinkAbout130882 LABOR READY - PURCHASE ORDER - 9110133 (2)PURCHASE ORDER PO Number Page City Of 9110133 ' of 2 `t Collins OI` lI ns This number must appear on all invoices, packing slips and labels. Date: 04/15/2011 Vendor: 130882 Ship To: STREETS DEPARTMENT LABOR READY INC CITY OF FORT COLLINS PO BOX 31001-0257 625 NINTH STREET PASADENA California 91110-0257 FORT COLLINS Colorado 80524 Delivery Date: 01/05/2011 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity Ordered UOM Unit Price Extended Price 4 Addendum to PO 9110133 1 LOT EA 5,000.00 Flagging 5 Addendum to PO 9110133 1 LOT EA 7,000.00 Total $12,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 is exempt from state and local taxes. Our Exemption Number is 11. NONWAIV ER. 99-04502. Federal Excise Tax Exemption Cenificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performoncc ofthe tans and conditions hereof. failure or delay to Internal Revenue Denver. Colorado (Ref. Colorado Revised Salmon, 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seiler 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 anv right of the damage in transit, may be rcmmcd to you fro credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercof or 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 heeunder, nor shall any purported oral mndifiertion or rescission of this purchase order by the purchaser operate as a waiver of any of the icons Inspection. GOODS arc subject to the City of Fell 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 CLA I M S. authorized payment on the pan of the City of Fair Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection pmecdums. violations are in fact home by the Purchaser. Theretofore. for good 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. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fon Collins, CO 90522. unless acquired under federal or state animist laws for such Overcharges relating to the particular goods ur services mhenvise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing paints in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs associated with such work. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mles ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins handless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mles and requirements. Authorization. All panics to this contract agree that the rcpm,cnt.tivcs arc, in fact, bona fide and possess fill and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional alumna and conditions annexed hereto or incorporated herein by reference. Any additional or different temps and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to nonce on your promised delivery date as noted. Time is ofthe csscnee. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault Of negligence, such acts of God, acts ofeivil or military authorities, governmental priorities, finis, strikes. Band, epidemics. wars or riots pmvided that notice 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 In the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the pugases intended, and perfooncd with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser handless foam any loss, damage on expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of lime as may be prescribed by law or by the terms ofany applicable warranty provided by the Scllcr after the date of acceptance of the goods fumished hereunder (acceptance not to be unmasonably delayed). resulting from imperfect or detective work done or materials burnished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warmnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guam una. but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall be made. R. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goad then not shipped, mbjcer in any equitable adjustment between the panics as to any work or materials then in progress pmvided that the Purchaser shall not be liable for any claims for anticipated pmfils On the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be muck in favor of the Seller with respect to any goods which arc the Scllers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ofthcir obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination 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 as may be required to efTm orevidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hornless from all costs and damages suffered by the Purchaser as a result of the Scllers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Scllcr warrants full. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in pMormance of this agreement free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including wamnty. shall not be deemed to be reduced, in any way, because such work is perfommed or caused to be Pcrfommd by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harndess the Purchaser from any and all claims for infringement by reason of the use of such patented design. device nuierial or process in connection with the contend, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or aficr the completion of the work. In case said 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 pan is enjoined, the Seller shall, at its own expense and at its option, either promtrc for the Purchaser the right to continue using xpid equipment or pans. replace the same with snbstanially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or Wstee for any of the Sellers pmperty or business, this order may forthwith be canceled by the purchaser without liability. 16. GOVERNING LAW. The definitions oftemms used or the interpretation ofthe agreement and the rights air[] panics hereunder shall be constmed under and governed by the Imes offl a State of Colorado USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services ofSellers Reprcsenlalive(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selkr:s Own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to dissatisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erectinn 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 equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of starkers 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 state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurnncc .with hardily injury and death limits prat Icnst 5300,000 for any one person, s5o0.000 fro any one accident and property damage limit per accident of S400,000. The Seller shall likewise rcquirc his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ufothcrs, the Seller shall famish the Purchaser with a ccnificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees ohm .such compensation and insurance 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 ofmry kind or nature whatsmver to persons or property caused by or resulting final the execution ofthe work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pnrehasers 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 properly to which the Purchaser nav be put or subject by moon of any act, action, neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Scllcrs or contractors affects, agents or employees. In case anv suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time oa account or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their oRcem, agents or employees as aforesaid, the Seller hereby agrees to assume the defense themnf and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or cnipinycce in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller poll his contractors shall take all safety precautions. famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including. bill withool limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 0312010