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HomeMy WebLinkAbout130882 LABOR READY CENTRAL INC - PURCHASE ORDER - 3215347Fort Collins Date: 01/14/2015 Vendor: 130882 LABOR READY CENTRAL INC PO BOX 31001-0257 PASADENA CA 91110-0257 PURCHASE ORDER PO Number Page 3215347 1012 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Ordered Extended Price 1 2015CONTRACTUAL 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 1 LOT LS 10,000.00 Total $10,000.00 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. COMMERCIALDETAIIS. Tax exemptions. By statute the City of Tom Collins is exempt fmm sure and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Condition, of Registry 84-6000581 is mi,isafed with the Collector of Failure of the Purchaser an insist upon fouid Perfommnc, of the hours and conditions hereof, failure or delay to hormal Revenue, Denver, Colorado (Ref Colorado Revised Saturn 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 of or pnymerV for goods hereunder or approval ofee design, dull not release the Seller of Goods Rejected, GOODS REIECTED 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 any right of the damage in transit rosy be returned to you for credit and art net to be replica, except upon receipt of wrinen purchaser to insist upon strict performance hereefor any of in rights or remedies as to any Such goods, regardless irmwctions from the City of Fon Collins. of when shipped, received or accepted, as to any prier or subsequent default hereunder, am shall any proclaimed oral modifmlioa or rescission of this purchase major by the Purchaser mpemte as is waiver of any of the terms Inspection GOODS arc subject to the City of Pon Collins inspection an amsal. hereof. Final Acceptance. Receipt of Ore merchandise, services or egroipmwt in response no this color ran result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of ran Collins. However, it is no be understood Wit FINAL Seller and the Purchaser revapice quit in actual m c praclire, overcharge ratfmm antitrust ACCEPTANCE is dependent upon completion of all applicable required impaction prmedures. violations arc in fact bome by the Purchases Theretofore, forgoodcause and as mruidemtion for executing this purchase order, the Seller hereby assigns to the Ponchaer any and all claims it may now have or hereafter Freight Terms. Shipments ..at be F.O.B., City of Too Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or stare antitrust laws for such overcharges relating I. the particular funds or services otherwise specified on this order. If permission is given a prepay freight and charge sepamuly, 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 disributir, points in various parts of the country, shipment is tribe Purchaser directs the Seiler to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destitution, and excess freight will be defecated from Invoice what Purchaser and the Sella, and the Seller Nemafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the amrk to be performed by the most expeditions means available no it, and the Seller shall pay all was associated with such work. Permits. Seller shall protium at sellers sole cost all necessary permits, conifiwtn and Evanson acquired by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is pM rmed, or required by any other duly constituted public ands iry having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of tut asserted m established violation of any such laws, regulations, ordinances, ones and requirements. Adhorivation. All panics to this contract agree that the representatives are, in fact, From fide and possess full am complete authority m bind said parries. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance or the tomes and exnditioas :rated herein ad ford and any supplementary or addamed It. and monitions annexed hereto or incoryofated herein by reference. Any additional or dilfer,nt tomes and conditions propmsed by solid are objected to and hereby Moved. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the,sauce. Delivery and ponfor move must be effected within the time stated on the pmclsase order and the docommts attached hear. He acts of the Purchasers including, without limitation, acceptance of,emid 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 and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages ss a result of delop due to causes not reawmbly fareseeable which me, beyond its reasonable control and without its fault of aegligmce, such acts of God, ants ofcivil of military authorities, governmental pioitice,f , sardid, flood, epidemics, wars or riots provided that notice of the conditions coming such delay is given to the Tambora within five (5) days of the ,into when the Sella first received knowledge thenwf. In the eves of any such delay, the date of delivery shdl be extended for the pried equal to the time annually lost by mason of the 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 purposes intended, and perforated with the highest degree of care and competence in accordance wit accepted standards for work of a similar =hire. The Seller agrees to hold the purchaser harmless firm any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wanmry. The Seller shill replace, repair or make good, without cost to the purchase, any def is or faults seising within one (1) your or within such longer period of time as may be poscobW by law car by the temis of any applicable immunity provided by the Sella after the date of acceptance of the goods furnished hereunder (azcep. not to be mommombly delayed), resulting form imperfect or defective work done or r=lariats famished by the Seller. Acceptance or use of goods by the Purchaser shell not constitute a waiver of my claim under this wamnry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wary=ties or guarantees, but such liability shall in no event include loss ofpmfiN or loss of tau. 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 wdnen change order 5. CHANGES IN COMMERCIAL TERMS. The Franchiser may rake any changes an the forma, other than leg] temp, including additions to or deletions fmm the 9=midds originally material in the specifwtions or drawings, by verbal or wino change order. If any such change aRects the amount due or the time ofperformance hereunder, an outride adjustment shall be nude. 6. TERMINATIONS. The Purchaser may at any time by written change order, anninnm this agfeemem as to any or all portions of the goods then not shipped, subject o any equitable adjustment between the parties as to any work or materials Wen in progress provided that the Purchase, shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods maker work, for incidental m corsryuential damages, and that no such adjustment he made in favor of the Seller with respect to my goods which are the Salters standard stack. No such termination shall relieve the Purchaser or me Seller of my oftheir obligations as to my goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for obtainment most be usemed within thirty (30) days fmm the date the change or termination is nodded. 8. COMPLIANCE WITH LAW, The Seller warrants fast all goods sold hereunder shall have been produced, sold, delivered and famished in abet compliance with all applicable laws and regulations to which the goods me subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to b, ina rpomta, in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmled fat all eosts end damegn suffered by the Purchaser as is result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, transfer, or convey this order, or any monies due or m become due hereunder without the poor wdten consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fmisha, in performance of this agreement, free and clear of my and all liens, rnrictions, reservations, security interest rncurnmarde and claims or.Oers. The Sella shall or. the Purchaser and its wnftedurs of any for fmm all liability and claims of any mtma resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party mlwsa, and shall extend to the directors, officers and employees ofsuch puny. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is Performed or caused to b, Performed by the Purchaser. FL PATENTS. %%a. the Seller is required to use my, design, device, mmeial er pmeess coverts by loner, safmL trademark or copyright, the Seller dull indemnify and save harmless the Purchaser from any and all claims for infongemem by reason of the use of such putmted design, deice, material or process in connection with the contract, and shall indemnify the Pardoner for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or afar the completion of the work. In case said equipment, or any pan thereof or the intended use of the goads, is in such suit held rim constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right m continue using said equipment or pans, replace the same with substantially equal but no rinfi iging equipment or modify it so it become nonidHnging. 15. INSOLVENCY. If me Solid shall boar= insolvent or bankrupt, crake an maignmcm for the benefit of erediters, aP,i.t a receiver or hustee for any of the Sellers propery of business, this order may forthwith be, nalled by the Pumhom, without liability. 16. GOVERNING LAW. The definitions of terms rasa, ter the interpretation tribe agreement vad the rights of all ponies hereunder shall be onstmed under and governed by the laws of the Safe ofColomdu, USA. The following Additional Conditions apply only in noes where the Sella is in perform work hereunder, including th<servicas of Sellers R rdeunurive(s), on the premise afloods. 17. SELLERS RESPONSIBILITY. The Sella shall cony w said walk in Sellars own risk until the same is fully completed and tempted, and shall, in eau of my occident, destruction or injury to the work major materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchases. When materials and equipment me fmished by others for installation or erection by the Selle, the Seller shall receive, unload, store and handle same at the site and become unreadable therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own caloric. provide for the paymmt of workers compensation, including occupational disease brneftts, to its amplifies employed on or in connection with the work covered by this purchase order, ankor to their depemfmts in accordance with the laws of the state in which the work is to be done. The Seller shall also cant' comprehwsid, Randal liability including, but and limited to. covtruyud and amamobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person, 5500,000 for any one accident and Moody damage limit per accident of 5400,000. The Seller shall likewise require his contractors, irony, to provde for such compensation and insurance. Before my trf the Sellers or his contractors employees shall do any walk upon the premises orations, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation andinsurance have been provided. Such central. shall specifythe datewhen such compensation and insurance expires. The Selleragrees that such compensation and insurance sell be maintained until after the entire work is completed and aerepra,. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby ass es the entire responsibility aM liability fat on, and all dmmage, loss or injury ofany kind an tulum whatsoever in pessotts or pmpeny caused by or resulting f the execution ofee work provided farm this producer order or in connection herewith. The Seller will indemnify and hold harmless the Procurator aM any in all of the Purchasers officers, agents and employees fat and against any and all claims, losses, damages, charge or expenses, whether direct or inured. and whether to persons or property to which the Parini may be pm or subject by reams of any net, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reran of any act action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to aasione the defers, thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys has and other expenses, any son all judgmms Wad may be imtured by m obtained against the Purchaser or any of its or their officers, agents or employers an such suits mother proceedings, and in eau judgmml of older lint be placed upon or ebuimd against the property of the Purchaser, or said harries in or as a ac t of such suits or other promedin x, the Sella will at once wow the same to be dissolved and discharged by giving boon or otherwise. The Seller and his dentrecmrs shall Like all safety precautions, furnish and insult all goods necessary for the prevention of accidents, comply with all laws and ugulations with regard to safety including, but without limitation, fie Occupational Safety and Hwlth Act of 1970 and all rules and regulations issued pursumt thereto. Revised 07/2014