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HomeMy WebLinkAbout130882 LABOR READY CENTRAL INC - PURCHASE ORDER - 3214319 (2)PO PURCHASE ORDER 321431 Number Page City of PURCHASE 3214319 'of z Flirt( OI I Ins This number must appear ,�,/`I ` V " on all invoices, packing sli s and labels. Date: 09/26/2014 Vendor: 130882 Ship To: STREETS DEPARTMENT LABOR READY CENTRAL INC CITY OF FORT COLLINS PO BOX 31001-0257 625 NINTH STREET PASADENA CA 91110-0257 FORT COLLINS CO 80524 Delivery Date: 01/15/2014 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 UOM Unit Price Extended Ordered Price 2 ADDENDUM TO PO 1 LOT LS 20,000.00 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 $20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 am Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By satum the City of Fan Collins is exempt from more and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Staam- 1973, Chapter 39-26, 114 (M. Goode Rejected. GOODS REJECTED due to failure as meet specifications, either when shipped or due W defects of damage in Fruit may be retumnd In you far credit and are rout to be replaced except upon receipt of writer instructions Rom the City ofFort Collins. inspection. GOODS arc subject In the City officer Collins initiation on arival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this miler an burns in authorized payment on the pan of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent uponcompletionofall applicable minimal inspection procedures. Freight Terre. Shipments mum be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise speeified on this order. If pcmtiamon is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest dimribution Point or destination, and excess freight will be deducted from Invoice when shipments arc made fmm grcatef distance. Permits. Salle, shill pme at sellers sale am all weasary pemrits, certificates and licenses required by all applicable laws, regulations, ordinances and roles of the sate, municipality, territory or political subdivision where ,he ,ak is performed, or required by try other duly constituted public authority having jurisdiction over the work of vendor Seller further agrees to bold the City of Fart Collins hamdss from and against all liability and loss ,red by them by reason of an asserted or established violation of any such laws, regulations, ordinances, mks incurred nd rat, fireman, Authorization. All parrs to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said Panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the corms and conditions sand herein set forth and any supplannamy or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or i iffacnt terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to mnve on your promised delivery dam as aimed. lime is stare asserce. Delivery and performance most be eflatad within de time stated on the purdnue order and the documents attached hereto. No acts of the Purchasers including, without limitation, a<aptame of partial lam Jelivma, shall operem a a waiver of this provision. In the event ofany delay, the Purchaser stalllave,ble fortda aotherowe andequitable remedies the optionof placing Nis reset elsewhere and holding the Seller liable for damages. Howeve. the Sella shall not ev liable for damages or a taunt of delays due tar muses not maso of civil foreseeableLary which are beyond its reasonable control and without its fault of negligence, such proact,vided Ged, scts conce f the military es causing such delay is priorities,he s, strikes,tirwithin five (5) da wars or rims provided that notice re the conditions causing ores delay u given n the Purchaser within foe delivery days of the time when the Seller Ors, received knowledge thereof. b In the event of any such delay, the dam of delivery shall be exceeded fonhe period equal to the time ecNally lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, article, materials and work covered by this order will conform with applicable drawings, specifications, avmples surfer other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standard for work of a similar nature. The Seller ogres to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Seller breach ofwamanty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults manag within one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller once the dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work dune or materials Furnished by the Seller. Acceptance Or use of good by the Purchaser shall not maliNte a waiver ,troy claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder quill extend to all damages proximately caused by the breach of any of the functional, wrmarims or guarantees, but such liability shall in no event include loss of prefix 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 scatter change Drain. 5. CHANGES IN COMMERCIAL TERMS. The Purehamr my make any changes to the menu, pater than legal terns, including conditions W or &[areas fmm the gmnn ces origiwlly ordered in the specifications or drawings, by vestal or writen change order. If any such change slicelime pert a slicers me amount due e of na hereunder, an amiable amm djomeshall Inc made. 6. TERMINATIONS. The Purchaser may el any lime by written change order, mrninam his a,marr n, as to any or all perm- of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress Provided tha, the Purchaser shall nor be liable tar any claims tar anticipated of,. an ne mormapined ,onion of the good wager work, for incidental or crnsequential dmmaga, and Fiat no such adjustment be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such temwa es shall relieve the Pmchuer or Ore Seller ofany of their obligations as to any goods delivered himardn. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aneneJ within thirty (30) days hem the date the change or termination is ordered. 8. COMPLIANCE WITH LAN'. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and f ishad in stria compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to dyed or evidence compliance. All laws and regulations required N be incoToured in agreements of this character are hereby incur armad herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdas from all ants and damages coffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNM ENT. Neither any dull assign, humfe. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims e f others. II. NONWAIVER. Failure of the Purchaser to frown upon strict parforronce of the mom and conditions hereof. failure or delay to ennam any rights or remedies presided herein or by law, failure to promptly notify the Seller in the event of a bench, the accepame of or payment far Sunds hereunder or approval of the design, shall nor release the Seller of any of the wannties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon wria performance hereof., any of its rights or remedies as to any such goods, regard. of when shipped, received or accepted, as to any prior or subsequent default hereunder, now shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the rams hrreof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the purchaser mergence that in actual economic pmerice, overcharges resulting firma antitrust violations arc in fan home by the Pashas, Theremfore, for good muse and as consideration for executing this purchase main, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter natural undo fcdeml or ream warm, laws for such overcharges reining so the paniculm good o, services purchased or acquired by the Purchaser pursuant to this pumhome order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a dam to be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by the most expeditious means available to if. and the Seller shall pay all costs associated with such work. 'I he Seller shall release the Purchaser and its contractors of any tier to. all liability 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 any released and skull extend to the directors. W icars sad employees of such pan, no Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be Performed by he Purchaser. 14. PATENTS. Whenever the Seller is required to ace any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reamin of the ttw of such parented design. device, material or process in connection with the counter, and shall indemnify the Pardoner for any cost, expense or damage which it maybe obliged to pay by reason of such infringement at any time during the pmsceation or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the good, is in such suit held in constitute infringement and the use of said equipment or pan is rejoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninMnging equipment, or modify it so it becomes rmnlnfringlmg. 15. INSOLVENCY. If the Seller shall become insolvent or bartkmp, rake an assignment for the bencft of creditors, appoint a receiver or finance fen any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms reed or the nomination ofthe agreement and the rights ofall porch hereunder shall be contacted under and governed by the laws of the Sate ofColomdo, USA. The following Additional Conditions apply only in cases mn where the Seller is to perfowork hereunder, including the servics of Sd1ax Reprammallve(s), an Use premiss of others. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Seller's Final 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 erection by th< Seller, the Seller shall receive, unload, more and handle same at the site and become responsible therefor as though such materials ..&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 employees employed on or in connection with the work covered by this purchase order, andor m their depers ears in accordance with the laws of the ream 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 lwality insurance win ba ily injury and death time, of at least S ioQ000 for any one Perot, $500,000 for any one accident and property damage limit per accident of 5 Of.". The Seller shall likewise require his if any, to provide for such mmpemation and insurance. Before any of me Sellers or his contmnnr employees shall do any work upon the Premises of others, the Seller said fitmish the Purchaser with a cenifcate ,hat such compmsmion unit insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cer ificats shall specify the elm when such compensation nd insurance expires. The Suite, agrees For such compensation and armature aha11 be maim sirtcd unfit after the entire work is completes and aceepred. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby samorrics the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or propnry, caused by or resulting Rom the execution ofthe work provided for in this purchase order or in ,.reaction herewith. The Seller will indemnify and hold harmless the Purchaser and any in all fthe Purchasers officers, agents and employees from and against any and all claims, loess, &rages, charges or expenses, whether direct or indirect, and whether to persons or progeny to which the Purchaser may Is, put or subject by crown of any act, action, radial, omission or default on the pan of the Seller, any of his emrmetors, or any of the Sellers or contractors officer, agents or employees. In case any suit or other Proceedings shall be brought against the Purchaser, or its oRceas agents or employees al any time on account or by reason of any act action, neglect, omission or default of the Seller of any of his continuous or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same an he Sellers own expose, W pay any and all cues, charges, attorneys fees and the, expenws, any and all jadgments that may be incurred by or obtained against the Purchaser many of its or 'bar 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 of such suits or other procnin inp, the Seller will at once cause the same W be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fhmish and install ell guards necessary far be prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1920 and all rates and regulations issued pursuant thereto. Revised 07/2014