HomeMy WebLinkAbout102408 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER -Date: 7/16/2010
Fort Collins
Page Number: 1
Purchase Order Number: 9103694
Delivery Date: 7/15/2010 Buyer: CAREY, DAVID
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Cty/Units Description Extended Price
1 LOT
Transfort Bus Schedules
Fall 2010
Quantity: 30,000
Stock: 70# gloss text (Text), 100# gloss text (Cover,
Shipping Tolerance: 0% over - 0% under
Band in 20's
Per Specifications dated 02/13/09.
Renewal of Competitive Bid Award dated 06/26/09.
Price per Estimate# 25430 dated 07/01110.
Total
This order is rfelhalid 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
10,457.00
$10,457.00
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 Pon Collins is exempt fiom state and load tomes. Our Exemption Number e
98-04502_ Federal Excise Tax Exemption Cerifieate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1993, Chapta39-26, 114 (a).
Goods Rallied GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
damage in transit, may be reemed to you for credit and are not to be replaced except upon receipt of written
instructions fiom the City of Fort Collins.
Inspection. GOODS are subject to the City of Pon Collins inspection on arrival.
Final Acceptance. Rompt ofthe merchandise, services or equipment in response to this or can result in authoriaal
Payment on the pan of the City of Pon Collins However, it is to be understood that FINAL ACCEPTANCE e
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Tom Collins, CO 80522, unless
otherwise specified on this order. lfpetmieion is given to prepay freight and charge separately, the original freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. What manufacturers have distributing points in various parts ofthe country, ehipme is expected
from the nearest distribution mint to destinaioo, and excess freight will be deducted from Invoice when shipments ec
made from greater distance.
Permits. Seller shall procure se sellers sole cost all necessary Palms, certificates and license required by all applicable
laws, regulations, ordinances and rules of the let, 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.
Seller mother agrees to hold the City of Fon Collins harmless from and against all liability and loss alarmed by them by
reason of m asserted or established violation of any such laws, regulations, ordinances, rules and requirements.
Authondmtion All proles to this contract agree that the representatives are, in fact bona fide and posses full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Orderexpressly limts acc,eace to the retire and conditions stmedhaein
set forth and any supplementary or additional terns and conditions annexed herb or reimplanted harm by reference.
Any additional or different term and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
premised delivery date as noted. Time is ofthe essence. Delivay and performance most he effected within the time
stated tin the purchase order and the documents attached hereto. No acts of the Purchases including, without
limitaion, acceptance OPerial late deliveries, shall operate asawaiveroflhle provision. In the event ofmy delay, the
Purchaer shall have, In addition to other legal and equitable remedies, the option ofplacing this order ekewhere and
holding the Seller liable for damage. However, the Seller shall not be liable for damages as a result ofdelays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault outpaients, such bats
of God, acts of civil or military authorities, governmental prionties, fires, strikes, Flood. epidemics, wars or rims
provided that notice of the conditions causing such delay is given to the Purchaer within five (5) days of the time
when the Seller first occurred knowledge thereof In the event ofany such delay, the date afdelivery shallbe extended
for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Sella warrants that all goods, articles, mma is and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions given, will befit forthe purymees intended. and perfumed
with the highest degree ofeare and competence in ma nonoce with accepted standadc for work ofa similar nature.
The Seiler agrees to hold thepurchma hamgess fiore any loss, damage or expense which the Purchaser may suffer or
man I. account ofthe Sellers breachOfwanmty. The Sella shall replace, repair or make good, without cost to the
purchaser, any defects or faults arising within one (1) year Or within such longer period oftio, as maybe rostri ed[by
law or by the team of any applicable warranty provided by the Seller after the date of acceptance of the goods
finehed hereunder(aceptence not to be unreasonably delayed), resulting fiom imperfect or def two work done or
material famished by the Seller. Acceptance or use ofgoods by the Purchaser shall not constitute a waiver of any
claim under this waranty. Except s otherwise provided in the purchase order, the Sellers liability hereunder shall
extend to all damages proximately caned by the breach of any ofthe 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 make changes to legal tem a by written charge order.
5. CHANGES IN COMMERCIAL TERMS_
The Purchaser may make any changes to the terns, other than legal tome, including additions to or deletions fiom the
quantities originally ordered in the specifications or drawings, by verbal or written change order. Ifany such change
affects the amount due or the time ofperfmrence hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreements to any or all portions ofthegoods
then not shipped subject many equitable adjustment Fawcett the parties re to anywork or materiae then in progress
Provided that he Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofihe
goods and/or work, for incidental or consequential damages, and that no such adjustment bemode, mfirvorofthe Sella
with respect to my goods which are the Sellers marked stock. No such Formulation shall relieve the Purchaser or the
Sella Of my oftheir obligations s to any goods delivered hereunder.
V. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be ssened within thhay (30) days fiom the date the change or temvnation e ordered
B_ 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 Sella shall execute coddelirer
such documents stray be required to effect or evidence compliance. All laws and regulations required to be
incorporated
agreements ofthis character are hereby incorporated herein by this reference. The Sella agrees to
indarrify and hold the Purchaser hamdess fiom all casts and dummies suffered by the Purchaser be a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey the order, or my monies due or to become due hereunder without the
prior written consent ofthe other party.
lo. TITLE
The Seller warrants full, demand unresMetedtrtle Or the Forestall- for all equipment mares alas, anditam fuushef in
PerOr a of the agreement, free and clear of any and all lire, retrictiom, reservations, security race rest encumbrances and claims ofotha,
11. NON WAIVER.
Failure of the Purchaser to insist upon stria performance of the terms and conditions hereof, failure or delay to
exacise any rights or remedies provided herein or by law, fnilure to prompdynotify the Sella in theevem Oformuch,
the m ecptance Idea payment fr goods Imreunder or approval ofthe design, shall not release the Seller ofany ofthe
warranties orobligations ofthis purchase order and shall not tre deemed a waiverofmy right ofthe purchaser ro insist
upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted, re to any prior or subsequent default hereunder, nor shall any preformed oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any ofthe team hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaserrecognix, that in actual economic practice, overcharges resulting from antitrust vidatlons are
in fat home by the Purchaser. Tharaofre, for good cause and as consideration for executing the purchase order, the
Seller hereby assigns to the Purchaser any and all charm it may now have or hereafter acquired under federal or state
anrinust laws for such overcharges relating to the particular goods or services Purchased or acquired bythe Particle,
pursuanno this purchase order.
I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Sella to correct nonconforming or defective goods by is date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaer may
cause the work to be perfm¢d by the most expeditious means available to it and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaer and its contractors ofmy netfiom all liability and claims ofanynsure resulting
fiom the pafrmeme ofsuch work.
This unease shall apply even in the event offault ofnegligence ofthe petty released and shall extend to the directors,
officers and employees clench party.
The Seller's contractual obligations, including warranty, shall not be deayed to be reduced, in any way, because such
work is performed or caused to be perfomrel by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, -[aural or process covered by letter, parent, trademark or
copyright, the Seller shall indermify and save harmless the Purchaser more any and all claim forvrfiingement byreson
ofthe use ofsuch patented design, device, muaial or process in coanertion with the contract, and shall indemnify the
Purchases for any cost, expense or damage which it may be obliged to pay by reason ofsuch infringement at any time
during the prosecution or after the completion ofthe work. In case said equipment, or any pan therefor the intended
use of the goods, is in such suit held to constitute infringement and the use official equipment Or pan is enjoined, the
Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said
equipment or parts, replace the same with substuntiallyequal but nominfiinging equipment, crmadify it so it parsons,;
nominfiinging.
15. INSOLVENCY.
]these Seller shall become insolvent or bankrupt make an assignment for the benefit Obereditors, appoint a receiver or
trustee for any of flue Sellers property or business, this order may forthwith be canceled by the Purchases without
liability.
I6. GOVERNING LAW.
The definitions of terms used or the interpretation of the agreement and the rights ofall patties hereunder shall be
consnved under and governed by the laws ofthe State of Colorado, USA.
The fallowing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Rep ovenrati,chn, on the premise of mhas.
❑. SELLERS RESPONSIBILITY.
The Sellershall carry on said work at Sellers own risk until the same is fully completed and accepted, and shad, intense
of any accident destruction or injury to the work and/or menials before Seller's final completion and acceptance,
complete the work at Seller's own extreme and to the satisfaction ofthe Purchaser. When materials and equipment are
furnished by others for installation or erection by the Seller, the Sella shall receive, unload, store and handle same a
the site and become responsible therefor as though such materials andor equipment wait being famished by the Seller
under the order.
I8. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworka, compensation, including aacupeional disease
lunefits, m its employees employed on or in connection with the work covered by the purchase order, and/or to their
dependents in wool donce with the laws of the state in which the work is to be done The Seller shall also entry
comprehensive general liability including, but not limited tocontractual and automobile public liability imumncewhh
bodily injury and death limits of ar least $300,000 for my one person, $500,000 far any one accident and propery
damage limit per accident of $400,000. The Seller shall likewise require his contractual if my, to provide for such
compensation and insurance. Before any ofthe Sellers or his contractors emi yam shall do any work upon the
premises efothem the Seller shall furnish the Purchaser with aCertificate 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 became expires. The Seller agrove that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury of my kind or
nature whatsoever to persons or property caused by or resulting from the execution afthe work provided for in this
par chase orda or in emmection herewith. The Seller will indemnify and hold hamdes the Purchaser and my or all of
the Purchasers officers, agents and employees fiom and against any and all claims, losses, damagq charges or
expenses, whether direct or indirect and whether to persons or progeny to which the Purchaser may be put or subset
by reason ofmy act action, neglect, omission or default on the pan ofthe Seller, any ofhis contractors, orkeyofthe
Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall ke brought against the
Purchaser, or its Officers, agents or employees at any time on account or by reason ofmy act action, neglect, omission
or default of the Seller of any of his contractors or my of its or their officers, agents or employees s aforesaid, the
Sella hereby agrees to ssmne the defense thereofand to defend the same at the Sellers own expense, to pay any and
all costs, charges, attorneys fees and other expenses, any and alljudgmenls 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 one
judgment or other lien be placed upon or obtained against the property ofthe Purchaser, orsaid parties in ors aresult
ofsuch suits mother proceedings, the Sella will at once cause the same to be dissolved and discharg dbygivi ng bend
mothenvise. The Sella and his earn actors shall take all safety precautions. famish and install all guards necessary Far
the prevention of accidents, cumply with all laws and regulations with regard to safety including, but without
limitation, the Occupational Safety and Health Act of 1990 and all rules and regulations issued pursuant thereto.
Revised 03/2010