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HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9111732City of a rt Collins Date: 03/30/2011 Vendor: 117101 VISION GRAPHICS INC 5610 BOEING DR LOVELAND Colorado 80538 PURCHASE ORDER PO Number Page 9111732 1of3 This number must appear on all invoices, packing slips and labels. Ship To: CUSTOMER INFORMATION & SE CITY OF FORT COLLINS 117 NORTH MASON STREET FORT COLLINS Colorado 80524 Delivery Date: 03/29/2011 1 1 1Buyer: DAVID CAREY Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Utility Bill Forms 300,000 per Estimate 61734 1 LOT EA Total quantity: 850,000 Total estimated price: $28,365.34 ($.0334 each) Price and complete specifications per supplier Estimate # 61734, dated 03/28/11. Form Size: 8-Y2x 11 (long grain) Stock: 60# Finch opaque smooth laser finish bright white Printing: 2/2, PMS 301 and black, no bleeds Finishing: Horizontal micro perforation at 8" on dashed line Packing: Box with the printed front side up ♦1fet Rfe Printing 8 Delivery Schedule: 1) 300,000 due April 18, 2011 2) 275,000 due August 1, 2011 3) 275,000 due December 31, 2011 Delivery to: Platte River Power Authority 2000 E. Horsetooth Road Fort Collins, CO 80525 2 Utility Bill Forms 275,000 per Estimate 61734 1 LOT EA 3 Utility Bill Forms 1 LOT EA 275,000 per Estimate 61734 City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 9,976.00 9,194.67 9,194.67 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page rCity of PURCHASE 9111732 2 of 3 `t Collins This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tcrms and Conditions Page 3 of 3 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-MM597 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Smtutcs 1973. Chapter 39-26. 114 (a). Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be rcmmed to you for credit and am not to be replaced except upon receipt of written instructions fmm the City of Fan Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goad hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver ofany 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, an, shall any purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the mcmhandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofail applicable required inspection procedures. violations are in fact home 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 Freight Terms. Shipments most be F.O.B.. City of Fort Collins. 700 Wood St., Fan Collins, CO 50522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or sen ices otherwise specified on this order. If permission is given to prepay (might and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected from the context distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thcrea0cr indicates its inability or unwillingness to comply, the Purchaser shipments am made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such wad. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, 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 further agrees to hold the City of Fan Collins harmless fmm and against all liability and loss incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authoriearion. All panics to this contract agree that the representatives arc, 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 tenets and conditions stated herein set forh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions Proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within the time 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 of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies the option ofplacing 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 causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts riffled. acts of civil or military authorities. governmental priorities flues, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this older will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed 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 at expense which the Purchaser may suffer or incur on account of ncc Scllcrs breach ofwarrnty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tcmw ofany applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting firm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not consfirutc a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guaranices, 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 SHALT. APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change ardor. If anv such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profils on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which am the Scllcrs standard stock. No such termination shall rclicvc the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is onlcred. 8. 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 grads are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby ineogomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. I O. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting franc the perfommnce of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's contractual obligations, including wammv, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use 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 reason of the use of such patented 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 rcason of such infringement at any time during the prosecution or after the completion of the work. In case said equipment or any pan 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 equipment or parts replace the snmc with substantially equal but noninfringing equipment, or modify it so it becomes noninfriaging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bencft of creditors, appoint a rccciver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions oftcrms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Columdo, USA. The following Additional Conditions apply only in cases where the Seller is to perfom work hereunder, including the services of Scllcrs Representativc(s), on the premises ofothers. 17. 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 any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Sellefs own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, pmvidc 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. 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 tarty comprehensive general liability including, but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of m least 5300,000 for any one person, 5500.000 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 in ante. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs. the Seller shall famish the Purchawr with a certificate that such compensation and insurance have been provided. Such certificates .shall spceiry the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insumnm 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 damage loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indent ni fy and hold hamdess the Purchaser and any or all of the Purchasers oRccrs, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act, 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 any suit or other proceedings shall he brought against the Purchaser. or its officcm agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors car any of its or their officers, agents or employees as afoacmid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses, any and all judgments that may be incomed by or obtained against the Purchaser or any of it or their olEccrs. agents or employees in such snits or other proceedings, and in case judgment or other lien be placed upon or obtained against the proNny ofthe Purchaser. or said panics in car as a result of such suits or other proceedings, the Seller will at once cause the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. famish and install all gnnrds necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safetyand Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03)2010