HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9950259 (2)Date: 12/9/2009
City of
FortCollins Purchase Order Number: 9950259
Page Number: 1
Delivery Date: 1/9/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
oge
Line Qty/Units D cription Extended Price
1 1 LOT 8,998.60
Invoice 40022
275000 bills
2 1 LOT 8,998.60
1 Lot
Addendum to PO# 9950259
For additional Utility Bill Forms
Quantity: 275,000
Delivery Date: 04/10/09
Per supplier Estimate # 46560, dated 03/19/09
Specifications: Same as PO# 8850956, except artwork (new City logo) and
color changed (PMS 301).
Delivery to: Platte River Power Authority, 2000 E. Horsetooth Road,
Fort Collins, CO 80525
Authorized per Requisition # 35464
Invoice Address:
Date: 12/9/2009
City of
ort Collins
Page Number: 2
Purchase Order Number: 9950259
Delivery Date: 1/9/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
Line 2 canceled 12/01/09, duplicate of Line 1
3 1 LOT 10,811.35
1 Lot
Addendum to PO# 9950259
For additional Utility Bill Forms
Quantity: 330,000
Delivery Date: 08/03/09
Per supplier Estimate # 47959-1, dated 06/17/09
Specifications: Same as PO# 8850956, except artwork (new City logo) and
color changed (PMS 301).
Delivery to: Platte River Power Authority, 2000 E. Horsetooth Road,
Fort Collins, CO 80525
Authorized per Requisition # 35994
4 1 LOT
Utility Bill Forms 8,443.00
Addendum to PO# 9950259
Invoice Address:
Date: 12/9/2009
City of
F6rt Collins
Page Number: 3
Purchase Order Number: 9950259
Delivery Date: 1/9/2009 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note
Line Qty/Units Description Extended Price
For additional Utility Bill Forms
Quantity: 250,000
Delivery Date: 01/01/10
Per supplier Estimate # 51884 dated 12/07/09
Specifications: Same as PO# 8850956, except artwork (new City logo) and
color changed (PMS 301).
Delivery to: Platte River Power Authority, 2000 E. Horsetooth Road,
Fort Collins, CO 80525
Authorized per Requisition # 36689
R O'n"'j7-
City of Fort CqFinY Director of Purchasing and Risk Management
This order is nNahalid over $5000 unless signed by James B. O'Neill 11, 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
Total $37,251.55
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 is registered with the Collector of
Interval Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. ('.hapter 39-26, 1 14 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wriucn
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Foil Collins inspection on an iva
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized
payment on the part of the City of Fort Collins. However, it is to be understood than FINAL ACCEPTANC'.E is
dependent upon completion of all applicable required inspection procedures.
Freight Teens. Shipments must be F.O.B., City of For Collins. 700 Wood St.. Pon Collins, CO S0522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original fieight bill
oust accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the county, shipment is expected
from the nearest distribution point to destination, and excess III eight will be deducted iroat Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses requited by all applicable
laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is
performed, of required by any other duly constituted public authority having jurisdiction over the Work of vendor.
Seller further agrees to hold the City of Fort Collins hatniless fimnn and against all liability and loss incurred by them by
reason of an asserted or established violation of any such Imes. regulations. ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives are, in tact. Iona fide and possess full and
complete authority to bind said parties.
LIMITATION OFTERMS. This Purchase Order expressly limits acceptance to the teens and conditions stated herein
set forth and any supplementaryor additional teens and conditions annexed hereto or incorporated herein by reference.
Any additional o different 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 ❑nive on your
promised delivery date as noted. Time is of the essence. Deliveryand performance Must be effected within the linhe
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 ofthis provision. In the event ofanydelay, the
Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Seller liable for damages. However, the Sellcr shall not be liable lit danhages as a result of -delays due to
causes not reasonably foreseeable which are beyond its reasonable control and Without its fmlt ofnegligence, such acts
of God, acts of civil or military authorities, governmental priorities, tires. strikes, flood epidemics. wars or riots
provided that notice of the conditions causing such delay is given to the Purchaser Within five (5) days of the time
When the Seller first received knowledge thereof. In the event ofanysuch delay. thc• date ofdelivery shall Ix extentletl
for the period equal to the time actually lost by reason of the delay.
3.WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order Will confitnn with applicahle
drawings. specifications, samples and/or other descriptions given, will be tit lox the purposes intended and pertonned
with the highest degree of care 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 sutler or
incur' on account of the Sellers breach of warranty. The Seller shall replace. repair or make good, without cost to the
purchaser, any defects or faults it within one (1) year or within such longer period of time as trey be prescribed by
law or by the teens 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 front imperfect or defective Work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally
claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall
extend to all damages in caused by the breach of any of the lot cgoing 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 [Hake changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchasermay make anychanges to the terns, other than legal teens, including additions to or deletions ftttnthe
quantities originally ordered in the specifications or drawings, by verbal or written change order. [fall), such change
affects the amount due or the tinne of performance hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at may tinhe by written change order. terminate this agreennenl as lu any or all portions of file goods
then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress
provided that the Purchaser shall not be liable for any claims lot anticipated prof its on the unconmpletedl portion of the
goods and/or work, for incidental of consequential cianhages, and that no such ❑djustnhcnt be nude in favor of the Sellcr
with respect to any goods which are the Sellers standard stuck. No such termination shall relieve the Purchaser or the
Seller of any of their obligation as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fronn the date the change or termination is ordered.
S. 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. The Sellcr shall execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages su0ered by the Purchaser as a result of the
Sellers failure to comply With such law.
If and only to the extent this [Agreement] constitutes a "sole source government contact" within the meaning of
Article XX V I I I of the Colorado Constitution ("Article XX V 111" ), then i he provisions of Sect ion 15 o I Article NX V I I I
are hereby incorporated into this [Agreement]. In such a case. if the [Contaclo[ or any Culler person who is a
"contract holder" as defined in Section 2(4.5) of Article XX V III intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, fit three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order. orally loonies due or to beconne due hereunder without the
III ior Written consent of the other party.
10. TITLE.
"hhe Seller warrants fill, 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 elains of others.
11. NONVAIVER.
Failure of the I'urchaser to insist upon strict performance of the teens and conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, faila-e to promptly notify the Seller in the event of a breach.
the acceptmce of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the
%vanenlics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist
upon strict 1-tiennance hereof or any of its rights or remedies as to any such goods. regardless of when shipped.
received or accepted, as nn any prior or subsequent default hereunder. nor shall any purported oml modification or
rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof
12. ASSIGNMENT Oh ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fronn antitrust violations arc
in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state
,antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser nnay
cause the Work to Ix performed by the most expeditious means available to it, and the Seller shall pay all costs
associated With such work.
The Seller shall release the Purchaser and its contractors ofany tier fionm all liability and claims of any nature resulting
fronn the perfitmance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors.
oticens zinc] employees of such party.
The Seller's contractual obligations. including warla ty, shall.not be deemed to be reduced. in any way, because such
work is performed or caused to be performed by the Purchaser.
14. PATEN] S.
Whenever the Seller is required to use any design, device, nnaterial or process covered by letter, patent, trademark or
copyright, the Seller shall indemnify and save harmless the Purchaser fronn may and all claitrs for infiingenent by reason
ofthe use of such patented design, device, material or process in connection with the connect, and shall indemnify the
Purchaser lit ally cost, expense or damage which it any be obliged to pay by reason of such infringement at anytime
during the la sceution or after the completion of the work In case said equipment, or any part 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 its option, either procure for the Purchaser the right to continue using said
equipnnent or parts, replace the same with substantially equal but non -infringing equipment. or modify it so it becomes
non -in hinging.
15, NSOLV ENCY
Iftile Seller shall become insolvent or bahkngn, make an assignment for the benefit ofereditors. appoint a receiver or
11usice fit any of the Sellers property or business, this order may lordhwitIt Ire canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colomdo. USA.
The f hllowine Additional Conditions apply only incases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall cant' on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case
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 equipnnent were being furnished by the Seller
under the order.
IS. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkers compensation, including occupational disease
benefits, to its ennployees ennployed on or in connection with the work covered by this purchase order, and/or to their
dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry
conhprehensive general liability including. but not limited to, contractual and outonobile public liability insurance With
lodily injury and death limits of at least $300.000 for any one person. $500.000 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. Belorc any of the Sellers or his contractor employees shall do any work upon the
premises of others. the Seller shall lurnish the Purchaser with a certificate that such compensation and insurance have
been 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 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 dantige, loss or injury of any kind or
nature Whatsoever m persons or property caused by or resulting f rom the execution of the work provided for in this
purchase order or in connection herewith. 'file Seller will indemnify and hold harmless the Purchaser and any or allot'
the Purclnsers officers agents and employees from and against any and all claims, losses, damages, charges or
expenses. n ,hethei direct or indirect, and whether to persons or property to Which the Purchaser may be put or subject
I)), reason of any act, action, neglect, omission or default on the part ofthe Seller, any ofhis contractors, or anyofthe
Sellers or contractors officers, agents or employees. Incase any suit or other proceedings shall be brought against the
Purchaser, or its officers, agents or employees at any tinne on account or by reason ofany act, action, neglect, omission
or default of the Seller of any of his contractors or any of its or their oflicers, agents or employees as aforesaid, the
Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to payay and
all costs. charges. auonheys fees and other expenses, any and alljudgnnents that maybe incurred bvor obtaineciagainst
the Purchaser or any of its or their officers, agents or employees in such suits m other proceedings, and in case
judgment or other lien be placed upon m obtained against the property of the Purchaser, or said parties in or is a result
of such suits or other proceedings, the Sellcr 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, furnish and install all guards necessaryf r
the prevention of accidents, comply with all laws and regulations with regad to safety including, but Without
linitation, the Occupational Safety and health Act of 1970 and all rules and regulations issued puusuant thereto.
Revised 04/2009