Loading...
HomeMy WebLinkAbout114084 EXPRESS SERVICES INC - PURCHASE ORDER - 3215336Fort Collins Date: 01/13/2015 Vendor: 114084 EXPRESS SERVICES INC 2850 MCCLELLAND DR #1100 FORT COLLINS CO 80525-2576 PURCHASE ORDER PO Number Page 3215336 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: PAT JOHNSON 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 r 2015 Blanket Order Temporary Personnel Svcs. fi�l[ii�lb9 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. 7418 Temporary Personnel Services 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.wm Pay terms net 30 days 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 1. CONNERCIALDETAILS. Tax exemptions. By statute the City of Fon Collins ¢ exempt from state and laual taxes. Our Exemption Numbs is 98 04502. Federal Excise Tax Exemption Certificate of Registry 84-MC10587 is registered with the Collector of tmamal Revenue, Dai Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26.114 (a). Goods Rejected. GOODS REJECTED due to failure to meets crifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and art not to be replaced except upon receipt of women iniwctions from the City of Fan Collins. Inspection. GOODS art subject to the City of Pan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on me pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE, is dependent upon completion ofall applicable respond inspection procedures. Freight Team. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Fort Collins, CO 80523, unless otherwise specified on this order. If pemtission u given in prepay freight and charge s pagandy, the original freight bill muss accompany invoice. Additional charges farpacking will nat be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will ba deducted from Invoice when shipments am made from grater distance. Femurs. Seller shall oderere at sellers sole cast all necessary ,emirs, certificate, and licenses required by all applicable laws,mgnlations, ordinances and rules of the slate, municipality, territory ,, political subdivision where the work i, PrRmmed, Or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Pon Collins harmless from and against all liability and loss incurred by them by reason of an assured or esmbl'nhed violation of any such laws, regulations, ordinances, rules and requirements. Authorization All ponies m this cone. agree that the representatives am, in fact, Exact fide said possess full and complete authority to bill said parties. LIMITATION OF TERMS. This Frwhau Order .,N.ly limits acceptance m fie term and conditions sated herein set forth and any cap danenury or additional terms and conditions annexed hereto or incorporated herein by refnena. Any additional or diffemnt terms and conditions proposed by seller are objected to and herebyrejected. I. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Ifyou cacao, make complete shipment to arrive on your promised delivery date as noted.'I ime is ofthe essence. Delivery and performance must be elmated within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance cranial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal all equitable remdies, the option of placing 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 muses not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acb of God, cars of civil or military mimmus, govemmmul priorities, fires, strikes, flood, epidemics, wars or rims provided Wt notice of the conditions causing such delay u given to me Purchaser within five (5) days of the time when me Seller fro received knowledge thereof. In fie event of any such delay, the elm of delivery ,ball W extended far fie penal ryual as fie time actually lost by eaon xfda delay. 3. WARRANTY. The Seller warrants quit all goods, asides, materials and work covered by this order will conf with applicable drawings, specifications, samples similar 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 agrees to hold the purtlaur harmless from any loss, damage or expense which me Purchaser may sutler or incur on account of the Sellers breach of wanwly. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising 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 adm the date of acceptance of the good famished herrunder (acceptance nor to be u-emomtbly delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not onstituR a waiver army claim wrier this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend ro all damages proximately causd by me breach of any of thc famgmng wamnties or gm-ntoa but such liability shall in no event include loss of profit or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer may make changes to legal tams by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from hie gi o rue, ongmally ordered in Ibe mr-ilicatians or drawinga, by vemal or written change order . If coy such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be nude. 6. TERMINATIONS. The Purchaser may va any time by written change order, wo-nam this agreement res to any or all portions of the goods then not shipped, subject to any equitable adjmrment between the panics as to any work or materials then in progress provided that the Purchases shall nor be liable for coy claims far anticipated prof- oa hie .completed pinion of the good grad/or work for incidental or mnsr,m nlial damages, and that no such adjustment he mile in favor of the Seller with respect to may goads which arc he Sellers sandand stock. No such ame tiwtiw shall relieve the Purchaser err the Seller of my oftheir obligmiom to many guests delivered herrundm. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be commed within thirty (30) days from fie date the change or re.ination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and f mishd 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 cited or evidence compliance. All laws and regulations required to be incorporated in agreements of this character art hereby incorporated herein by this reference. The Seller agrees N indemnify cad hold me Purchmer harmless from all cols said damages sufterd by the Purchaser IN a result of me Sella failure to comply with such law. 9. ASSIGNMENT. Neither party such assign, wafer, or canvey this order, or any monies due or to become stair hereunder without the prior women command of the other party. 10. TITLE. The Seller warrants fall, clear and unresMmed title to the Pumhmer for all equipment, materials, and item famished in paomwce of this agreement, fro and clear Of any and sll liens, restrictions, reservations, sauriry interact mcumberners and claims croakers. 11. NON WAIVER. Failure of toe Purchaser to insist upw soc, parfomanee of the terns and math.. hereof, failure or delay m cavaryise any rights or mmedles provided herein or by law, failure to Notably notify the Seller in the event of a branch, the acceptance of or payment for gauds hereunder or approval of me design, shall not Islamic me Seller of any of the warranties or obligations of this purnhau order and shall Out be domed a waiver of any right of the purchaser to insist upon strict performance 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 ousel mdificftion or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms heeof. 13. ASSIGNMENT OF ANTITRUST CLAIMS. Seller end me Purchmes eaognire that in social monomic pmafm, overcharges resulting from anti.,, violations art in but home by the Pumhaser. Threadbare. for goal muse all as consideration for executing this pumh order, the Seller hereby assiggss to the Purchaser any cad all claims it may now have or hereafter acquired under Brand or state antitrust laws for such overoharges relming to she particular good or services; purchased ar acquird "a Pamhssef pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser diners me Seller m carted wnconforosing or defective good by a date to be agreed upon by me Purchaser and the Seller, and me Seller thermfter indicates its inability or unwillingness tor comply. the Purchaser may cause the work to be performed by me most expeditious means available to it, and the Sella shall pay all costs comewted with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply an in fie event of fault of negligence of me party released and shall extend m me directors, omors and employees ofsuch pasty. The Sellers conwcloal obligations, mduding wananry, shall rut be deemed to br reduced, in any way, because such work is performed or caused to Ise performed by the Purchaser. 14. PATENTS. Whenever the Sella u required,. use any design, device, material or process covered by lever, patent, trademark or copyright. the Seller shall indemnify and save hamlets me Purchaser from my and all claims for infringement by rmmn of the use of such pmmbed design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosemlion or after the completion of the work. In case said equipment, or any pan I heat( or he intended me of be goods, is in such stir held to constitute cifirm -sent and the use of said equipment or pan is enjoined, the Seller shall, at its Own expense and at is option, either procure for the Purchaser the right in continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfdnging. 15. INSOLVENCY. If the Seller shall become insolvent or bank-,., make an assigsmear for the benefit of creditors, appoint Is oI ens.. for any of the Sellers property or business, this oNer may forthwith he mmsled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofterm usd or me interpretation of the agreement and me rights of all Probes hereunder shot] be concurred under and governed "a laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is N perform work herewder, including the services of Sellers Re,macr mdva(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's own risk until the same is Silly completed and acttpud, and shall, to case of any accident, destruction or injury to the work and/or mentena s before Sellers deal completion and acceptance, complete the work at Sellers own expense end In me satisfaction of fie Purtbmer. When materials and equipment are f ishd by others for installation or erection by the Seller, me Seller shall receive, unload, stare and hmNle, same at the site and become respmsible therefor m though such mterials and/or equipment were being furnished by me Seller andar me oNer. 18. INSURANCE. The Seller shall, at his own expense, provide for Ore payment of workers compensation, including occupaioanl disease benefts, to its employees employd on or in causation with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the sure in which the work u to be done. The Seller shall also any camprehmsive general liability including, but not limited to, ca r actual and automobile public liability insurance with bodily injury and hart, limits of tit lean $300,000 for any one Person, $500.000 fur any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his eximmemes employees shall do any work upon the premises of others, the Seller shall furnish the Purchmer with a certificate Nat such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates mail specify the date what such compensation add insurance expires. The Seller agrees rat such compassion 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 of any kind r mure whatsoever to persons or property caused by or resulting from the execution ofthe work provided for its this purchase order or in eradication herewith. The Seller will i rshini tify and hold hdimless me Purchmer and coy cr all of the Purchasers officers, agents and employees from and against any and all claims, lours, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which me Purchaser may be put or subject by ranmn of any act, action, neglect, omission or default w the pan of the Seller, any of his oatmetars, err any of the Sellers or contmetoes officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchmer, or its officers, agents or employees at any time on account or by reason of any act, nation, neglect, omission or default of the Seller of any of his contractors or any of its or their olEcars, agents or employees as aforesaid, the Seller hereby agrees to assume me defense therm[ and to defend the came at the Sellem own expense, to pay coy and all cars, charges, amomcys fees and mba expenses, my crud all judgment that may be incurred by or obtained against the Puchava or any of is or their officers, agents or employees in such Buis or other procamaim s, and in erns judgment or other lien be pIacd upon or obtained against the property, of the purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will m N. cause the same m be dissolved and di.,M by giving bond m otherwise. The Seller and his ewumtou shall lake all safety precautions, famish and install all guards va., for the prevention of accidents, comply with all laws and regulations with regard .o safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all mles and regulations issud purstanl thereto. Revised 09Q014