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HomeMy WebLinkAbout130882 LABOR READY - PURCHASE ORDER - 9116934PURCHASE ORDER PO Number Page City OfCollins ��� 9116934 ' of z Flirt Gol f „C This number must appear �_^,'`�-,J`-' ` ` 1 'J on all invoices, packing slips and labels. Date: 11/21/2011 Vendor: 130882 Ship To: STREETS DEPARTMENT LABOR READY CENTRAL INC CITY OF FORT COLLINS PO BOX 31001-0257 625 NINTH STREET PASADENA California 91110-0257 FORT COLLINS Colorado 80524 Delivery Date: 11/21/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price INV 32441150 1 LOT LS 6,688.58 Total $6,688.58 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NC NWAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Fulaof the Purchaser In insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). cxcmi. z 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 of the design, 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 he deemed a waiver of any right of the damage in transit, may be retuned to you for credit and arc not to be replaced except upon receipt of written parcha ct to insist upon strict performance hereof or any of its rights or remedies as to any such grads. regardless instructions form the City of Fort Call ins. of win shipped. received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral an x1ifieation 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 Fort Collins inspection on arrival. hem. Final Acceptance Reocipt of the merchandise, services or equipment in response to this Order can result in 12. A. SIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Hoscvet it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violati ars arc in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this porch order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teens. Shipments must be F.O.B., City of Four Collins, 700 Wood St.. Fort Collins, CO 90522. unless acquit ad under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight pattern sed Or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PL RCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is Ifthe mhaeer directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser shipments arc made form greater distance. may c case the work to be performed by the most expeditious means available to it, and the Scllcr shall pay all costs t ssocialcd with such work. Permits. Seller shall procure at sellers sole cost all nmzxmry permits, certificates and licenses required by all applicable laws, regulations, ordinances and talcs of the state, municipality, territory or Political subdivision where the work is performed, or inquired by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees in hold the City of Four Collins harmless form and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fact bona Ede and possess full 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 terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 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 essence. 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 of partial late deliveries, shall operate as a waiver of this prevision. In the event of any 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 ofnegligcnce. such acts fGod. acts ofcivil or military authorities, governmental priorities, finis, strikes. Rood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the purchaser within Eve (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 gads, 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 purposes intended, and performed 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 harmless from any loss, damage Or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranry. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by Inv or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of gmds by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Shccrs liability hereunder 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 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 terms by written change mdcr. 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terms, other than legal terms, including additions to or deletions front the quantities originally ordered in the specification, or drawings, by verbal or written change under. If any such change affects the amount due or the time offunnormance hereunder, an equitable adjustment shall be made. The S Ile, shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulti ig form the performance of such work. This r Iccoc shall apply even in the event of fault of negligence of the party released and shall extend to the direct rs. officers and employees ofsuch party. The S Hers contractual obligations, including warranty, shall net be deemed to he reduced, in any way, because such s ork is performed or caused to be performed by the Purchaser. 14. PA TENTS. When ecr the Seller is required to use any design, device, material or process covered by letter. patent undertook or cop aight. the Seller shall indemnify and save harmless the purchaser form any and all claims for infringement by ma um of the use of such patented design, device, material or process in connection with the contract, and shall i ofermify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such in trial ment at any time during the prosecution or after the completion of the work. In case said equipment, or any In n thereof Or the intended use Of the goods, is in such suit held to constitute infringement and the use of mid a luipmcnt or pan is enjoined, the Seller shall, at its own expense and at its option, either pocum for the Purchu scr the right to continue using said equipment or parts, replace the same with substantially equal but annual ringing equipment, or modify it so it becomes noninfringmg. 15. IN 3OLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a recciv r or trustee for any of the Sellers property or business, this order may forthwith be canceled by the 16.GOVERNING LAW. The di finitions of terms used or the interpretation ofthe agreement and the rights ofall parties hereunder shall be consur jed under and governed by the laws of the State Of Colorado. USA. The fillowing Additional Conditions apply only in cases where the Seller is to perfarm work hereunder. includ ng the services of Sellers Representative(s), on the premises of others. 17. M LLERS RESPONSIBILITY. The S Ilcr shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in cas of any accident, destruction or injury to the work and/or materials before Settees final completion and accept once. complete the work at Shccrs own expense and to the satisfaction of the Purchaser. When materials and cc uipmcnt are furnished by Others for installation or erection by the Seller. the Seller shall receive, unload. store nd handle same at the site and become responsible therefor as though such materials and/or equipment were Bing furnished by the Seller under the order. 18. 1 The shall one 6. TERMINATIONS. crop The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the that goods then not shipped, subject tfany equitable adjustment between the panics as to any work or materials then in cam progress provided that the purchaser shall not be liable for any claims for anticipated profits no the uncompleted and portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in entii favor of the Seller with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchazcr or the Seller Many of their obligations as to any goods delivered hercutdet. 19. The 7. CLAIMS FOR ADJUSTMENT. or a Any claim for adjustment must be asserted within thirty (30) days form the date the change or termination is this ordered. nr a chat 8. COMPLIANCE WITH LAW. be I The Seller ..am that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict corn compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and Pro deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to be by i incorporated in agreements of this character am hereby incorporated herein by this reference. The Seller agrees to ihei indemnify and hold the purchaser harmless form all costs and damages suffered by the Purchaser as a result of the deft Sellers failure to comply with such law, any 9. ASSIGNMENT. not Neither parry shall assign, transfer, or convey this Order, or any monies due or to became due hereunder without the the prior written consent of the other parry. his acci 10. TITLE. Occ The Scllcr svanents full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest Res encumbrances and claims of others. :Ilex shall, at his own expense, provide for the payment of workers compensation, including occupational benefits, to its employees employed on or in connection with the work covered by this purchase Order. to their dependents in accordance with the laws of the state in which the work is to be done. The Seller so carry comprehensive general liability including, but not limited to, contractual and automobile public , insurance with bodily injury and death limits of at least S300,000 for anyone person. S500.0010 for any cident and pmperry damage limit per accident of S400,000. The Seller shall likewise require his tors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors ces shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate 2h compensation and insurance have been provided. Such cenificatce shall specify the date when such cation and insurance have been pmvided. Such ecnificma shall specify the date when such compensation urance expires. The Seller agrees that such compensation and insurance shall be maintained until after the vork is completed and accepted. DTECTION AGAINST ACCIDENTS AND DAMAGES. Her hereby assumes the entire responsibility and liability for any sad all damage. Ins, or injury ofany kind no vrhatseever to persons or property caused by or resulting form the execution of the work pmvided for in chase order or in connection herewith. The Seller will indemnify and hold harmless the purchaser and any if the Purchasers officers, agents and employees from and against any and all claims, losses, damages. or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may or subject by reason of any act, action, neglect, Omission or default on the pan of the Scllcr, any of his tors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other dings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or can of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or Ifrcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defence thereof and to the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, d all judgments that may be incnned by or obtained against the Purchaser or any of its or their otHecrm Or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or A against the property ofthc Purchaser, or said panics in or as a result ofsuch suits or other proceedings. let will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and mactors shall take all safety precautions. famish and install all guards necessary for the prevention of its, comply with all lases and regulations with regard to safety including, but without limitation. the nional Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. d 0312010