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HomeMy WebLinkAbout130882 LABOR READY CENTRAL INC - PURCHASE ORDER - 9122330 (2)City OfPURCHASE ORDER PO Number IPage ///��� 9122330 f of 3 `t Collins I ns This number must appear " J on all invoices, packing slips and labels. Date: 06/06/2012 Vendor: 130882 LABOR READY CENTRAL INC PO BOX 31001-0257 PASADENA California 91110-0257 Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 04/24/2012 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 s ADDENDUM TO PO 9122330 1 LOT EA 5,000.00 6 Other Prof & Tech Services 1 LOT EA 3,000.00 7 Other Prof & Tech Services 1 LOT EA 10,000.00 6 Other Prof & Tech Services 1 LOT EA 2,000.00 Total $20,000.00 C3. Oi'IY:sSLs� 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 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 PO Number Page City. ofCollins f 9122330 2 of 3 F6r} Coll I„s This number must appear ,�—,J`-' ` ` , 1 on all invoices, packing slips and labels. 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 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 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By smite the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise'1ux Exemption Cenifieme of Registry 84-6000587 is registered with the Collector of I mental Revenue, Denver. Columdo (Ref: Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods R jected. GOODS REJECTED due to failure m meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written instmdime, from the City of Fon Collins. Inspection. GOODS arc subject to the City offon Collins inspection on arrival. 11. NONWAIVER. Failure office Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to prompfy notify the Seller in the even, of u breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not rate. the Seller of any of the wanantics or obligations of this purchase order and shall not be deemed a waiver of any right office purchaser to insist upon strict perl'omwnee hereofor any of its rights or remedies as to any such goods, regardless 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 operate as a waiver of any of the terns hereof: Final Accepmnee. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fun 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 ofull applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase .,it,,, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments nest be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitrost laws for such overcharges relating to the particular goods or services mhenvise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaserdirves the Seller to correct nonconforming or detective goods by a date to be agreed upon by the cxpecled from the nearest distribution point to dslination, and excess freight will be deducted front Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. ncay cause the work to be perfomed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall proeum at sellers sole cost all nmssary permits, cenificalet and licenses required by all applicable laws, regulations, ordinances and talcs 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. Scllcr funher agrees to hold the City of Fort Collins harmless from and against all liability and loss ineumd by them by reason of an asacned or established violation of any such laws, regulations, ordinances, rules and requiremema. Authorization. All panics to this contract agree that the representatives are, in fact, barn fide and possess full and complete auchority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereo or incorporated herein by reference. Any additional or dillf rem tcmu and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your premised delivery date us noted. Time is office essence. Delivery and performance must be enacted within the line stated on the purchase order and the doewrwns attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial tale deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purehaser shall have, in addition to other legal and equitable remedies, the option ofplucing 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 forewcable, which am beyond its reasonable control and without is fault ofncgligenec, such act of God, acts of civil or military authorities, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Punhaser within five (5) days ofthe time when the Seller tint rescind 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 ofthe delay. 3. WARRANTY. The Seller warrens that all goods, articles, materials and wort: covered by this order will conform with applicable drawings, specifications, rumples and/or other description given, will be tit for fhc purposes intended, and perfomtd with the highest degree of can and competence in accordance with accepted standards for work of u similar nalmc. The Seller agrees to hold the purchaser haondcss from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or fault arising within one (1) year or within such longer period of time as may be prescribed by law or by the ferns of any 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 ofgoods by the Purchaser shall not constitute a waiver ofuny claim under this warron y. Except us oflamise provided in this purchase order, the Sellers liability hereunder shall exmetd 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 crake changes to legal terns by wrincn change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tams, other than legal ems, including additions to or deletion, from the quantities originally oldered in the specifications or drawings, by verbal or written change order. If any such change affects the amount duc or the time ofperfomtancc hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. 'fhc Purchaser may at any time by written change order, terminate this agreement as to any or all ponions of the goods then not shipped, subject to any equitable udjosurn m between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Pannell ol'the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in farm of the Scllcr with aspect to any goods which arc the Sellers standard stock. No such conciliation shall relicvc the Purchaser or the Seller orally of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dac the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods 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. 'I'lie Seller shall execute and deliver such docunsnrs as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character arc hereby incoryomwd herein by this reference. T he Seller agrees to indemnify and hold the Purchaser harmless final all costs and damages suffered by the Purchaser as a result ofthe Sellers 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 wrincn consent ofthe other piny. 10, TITLE. The Seller warrants full, elearand unrestricted title to the Purchaser for all equipment, nwlerirk, ..,it items furnished in perfoonwnce of this agreement, free and clear of any and all liens, restrictions, reservutimts, security interest encumbrances and claims crochets. The Seller shall release the Punhaser and its commctors of any tier Ron, all liability and claims of any nature resulting from the perfomence ofsuch work. This mlcasc shall apply even in the event of fault of negligence of fhc patty released and shall extend to the directors, otGces and employees ofsuch party. The Seller's cmancod obligations, including warranty, shall not be divined to be reduced, in any way, because such work is performed or caused to be performed 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 hamdess the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indenmify the Purchaser for any cost, expense or damage ,Inch it may be obliged m pay by rcasmm of such infringement at any time during the prosecution or after 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 part is enjoined, the Seller shall, at its own expense and at is option, either procure for the Purchaser the right to continue using and equipment or parts, replace the same with substantially equal but nonintringing equipment, or modify it so it becomes imainfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of cations, appoint a receiver or trustee for any of the Scllers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. 'fhc definifions ofterme used or the in erpretation ofthe agreement and the rights ofull panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder, including the services of Sellers Representativc(s), on the premiss of uthcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's ram risk until the sane is fully completed and accepter. and shall, in cuss 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 the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection 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. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employes employed on or in connection with the work covered by this purchase order, and/or to their dtpendcas in accordance 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 to, continental and automobile public liability insurance with bodily injury and death limits of at ]cast S300,000 for any one person, S500,000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees Shull do any work upon the premises ofothers, the Seller shall furnish the Purchaser with u certificate that such conipensmion and insurance have bun 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 that such compensation and insumnce shall be maintained until after the entire work is completed and accepted. 19. PRO I ECfION AGAINSTACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofuny kind or nature whatsoever to persons or property caused by or resulting Isom the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnity and hold harmless the Purchaser and any or all of the Punhasers officers. agents and employees from 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 amy be put or subject by reason ofuny act, action, neglect, omission or default on the pun of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchase, or its officers, agents or employees at any time on 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 officers, agents or employees as aforesaid, the Set let hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys 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 employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result fsuch suits 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 install all guards necessary 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 cols and regulations issued pursuant thereto. Revised 032010