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HomeMy WebLinkAbout104430 POSTMASTER - PURCHASE ORDER - 9115250Fort Collins Date: 09/12/2011 Vendor: 104430 POSTMASTER POSTAGE PERMIT #1 301 E BOARDWALK FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9115250 1ef2 his number must appear on all invoices, packing sli s and labels. Ship To: CUSTOMER INFORMATION & SE CITY OF FORT COLLINS 117 NORTH MASON STREET FORT COLLINS Colorado 80524 Delivery Date: 09/12/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Order d Price Replenish Postage Permit 1 1 L6T LS 50,000.00 �o,,..•o C3. Oi1e�aQ.� V 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:970-221-0775 Fax:970-221-0707 Email:purchasing@fogov.com Total 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 I. COMMERCIAL DETAILS. Tax exemptions. By smmte 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 84-6000587 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Stsmta 1973. Chapter 39-26, 114 (a). Goads Rejected. GOODS REJECTED due to failure in meet specifications, either when shipped or due m defects of damage in trancit may be returned to you for credit and are nor to be replaced except upon receipt of written hartmetionc from the City of Fort Collins. Inspection GOODS we subject to the City of fan Collins inspection on arrival 11. NONWAIVER. Failure of the Purchases to insist upon said perfmnunce of the terns and conditions hereof, failure a delay to exercise any rights a mmcdia provided herein a by law, failure to promptly notify the Sell" in the event of a breach, the weeptince of or payment for gonds hereunder or approval of the daign, shall net release the Sella of any of the warranties of obligations of this purchase order and shall not be deemed a waives of any right of the purchaser to insist upon strict pdf rmanee hrnmf or airy of its rights or ramdies as to any such goods, mgardless of when shipped, received or accepted, as to any prim a subsequent default hereunder, tar shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of arty of the team hereof. Final Acceptance. Receipt of the merchandise, services a equipment in response to this Oder can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorrzed payment on the pat of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual edgemic practice, overcharges resulting from aminunt ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations am in fad bore by the Purchases. Theretofore. for good cause and as consideration fro executing this purchase odd, the Sella hereby assigns m the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St., Fort Collins, CO 80522, unless acquired under federal a sate antitrust laws for such overcharges relining to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, 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. Shipment Distance. Where mamfisame s have distributing points in various parts of the country, shipment is expected from the context distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall procure at sellers sole cast all necessary permits, cenificates and licenses required by all applicable laws, regulations ordinances and roles of the wage, municipality, territory or political subdivision where the work is performed, a required by arty other duly constituted public authority having jurisdiction ova the work of version. Sella further agrees to hold the City of Fort Collins harmless from and againg all liability and loss incurred by than by reason of an soared or established violation of any such laws, regulations, ordinances, mles and tequiremrnts. Authoriustion. All parties to this contract agree that the representatives am, in fad, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions anted herein set forth and any supplementary or additional temp and conditions annexed hereto a incorporated herein by refdence. Any additional of different tarots and conditions proposed by seller am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your promised delivery dine as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No ads of the Purchasers including, without limitation, acceptance of patial late deliveries, shall operate as a waiver of this provision. In the event of any delay, the Purchas" shall have, in addition to other legal and equitable families, the option of placing this order elsewhere and holding the Sella liable for damega. However, the Seller shall nor be liable fro damages as a result of delays due to causes rem reasonably forexcable which ere beyond its reasonable control and without its fault of negligence, such acts of Gad, acta of civil a military authorities, governmental priorities, foes, strikes, floral, epidemics, wars or riots provided that notice of the conditions causing such delay is given o the Purchaser within five (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 frr the period equal in the time actually lost by reason of the delay. 3. WARRANTY. The Seller warns that all goods, articles, materials and work covered by this order will conform with applicable drawings, saaifietiom, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and comp screw in accordance with accepted standards fro work of a similar nature. The Seller agrees to hold the pum ersm harmless from any loss, damage or expose which the Purchaser may suffer or incur on account of the Seller breach of uarmory. The Seller shall tcplace. repair or make goad, without cat in the purchaser, any defects or faults wising within one (1) 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 Sella aft" the date of accepance of the goods famished hereunder (acceptance rem to be unreasonably delayed), resulting from imperfect or defective work claim a materials furnished by the Sell". Accefnantt or use of goods by the Purchase shall rem constitute a waiver of arty claim under this wamnty. Except as otherwise provided in this purchase odd, the Sellers liability hereunder shall emend to all damages proximately caused by the breach of any of the foregoing warranties or guanmea, but such liability shall in no event include loss of prefix 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 terra by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchasa may make any changes to the toms, our" than legal teats, including additions to or deletions from the quantities originally added in the specifications m drawing, by verbal or written change order. If any such change affects the amount due or the time of performance 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 goods then nor shipped, subject to any equitable adjustment between the parties as in any work or materials then in progress provided that the Purchaser shall net be liable for any claims fa anticipated profits 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 Sell" with respect to any goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asxerted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods mid henntnder shall have been produced, sold delivered and furnished in grid compliance with all applicable laws and regulations to which the goods are abject The Sell" shall execute and deliver such docurnems as may be required ro effect a evidence compliance. All laws and regulation required to be incaponted in agreements of this chance" are hereby incorporated herein by this reference. The Sell" agrees to indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers f blue m comply with such law. 9. ASSIGNMENT. Neither parry shall assign, traafer. or convey this order, or any cronies due or to become due hadunda without the prior written concert ofthe other parry. 10. TITLE. The Seller warrants full, clear and umextricted title in, the Purchaser for all equipment materials, and items famished in perfomtatce of this agreement free and clear of any and all liens, restrictions, reservations, security interest mandminew and claims oferhes. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Pumhas r, dlmcs the Sella to comet nonconforming a defective goods by a date m be agreed upon by the Purchaser and the Seller, and the Sella thereafter indicates its inability or unwillingness in comply, the Purchases may cause the work to be performed by the most expeditious means available to it and the Sella shall pay all costs associated with such work. The Sella shall release the Purchaser and its conradors of any fid from all liability and claims of any nature resulting from the performance 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, officers and employees of such party. The Sellers commend obligations, including warranty, shall net be dcemed 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, dmiec, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify, and save harmless the Purchaser from any and all claims Its infringement by mason of the use of such patented design, device, material or process in connection with the comer, 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 pmsecurion or after the completion of the work. In case said equipment, or any paw thereof or the intended use of the goods, is in such suit held to consomme infringement and the use of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, either procure for the Pumbasd the right to continue using said equipment a parts, replace the same with substantially equal bra noninfringing equipment. or modify it an it becomes noninfringing. 15. INSOLVENCY. If the Sclltt shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tnatce for any of the Seller property or business, this order may forthwith be canceled by the Purchma without liability. 16. GOVERNING LAW, The definitions of tams used a the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereuoda, including the services of5dlrn Representatives), on the premises ofodcrs. 17. SELLERS RESPONSIBILITY, The Sella shall carry on mid work at Sellers own risk until the same is fully completed and accepted, and shall, in cam of any accident, destruction a injury to the work and/or materials before Sellea's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc furnished by otters fa installation a erection by the Sella, the Sella shall receive, unload, store and handle mine at the site and become respaaible 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 expense, provide fa 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 dependens in accordance with the laws of the state in which the work is in be done. The Sella shall also carry compmhemive Immanl liability including, but rem limited m, contractual and automobile public liability insurance with bodily injury and death limits of at least 5300.000 for any one person. 5500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his connamors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sella shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the dam when such comprnmtion and insurance have hen provided. Such cenificaes shall specify the date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the entire work is complacd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, low or injury of any kind or mare whosoever to persons a property caned by a resulting from the execution of the work provided fro in this purchase odd or in connection herewith. The Sella will indemnify and hold hamlew the Purchaser and any or all of the Purchasers officers, agents and employees from and against any end all claims, bases damages, charges or expenses, whether direct or indirect, and whether in persons for property to which the Purchaser may be par or subject by mason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, a any of the Sellers or contractors oReers, agents a employees. In case any suitor other proceedings shall be brought ageing the Purchased, in its offices, agents or employees at any time a account or by reason of any ad, action, neglM, omission or default of the Sella of any of his contractors or airy of is in their offices, agents m employees as aforesaid, the Sella hereby agrees m assume the defense thereof and in defend the same et the Sellers own expense, to pay my and all costs charges, attorneys fees and other expenses, my and all judgmems that may be incurred by a obtained against the Purchaser or any of its a their officers, agents a employees in mch suits or usher proceedings, and in cam judgment or other lien be placed upon or obtained against the property of the Purchaser, a mid parties in or as a result of mch suits or orb" proceedings the Sella will at once cause the come to be dissolved and discharged by giving bond a otherwise. The Seiler and his contractors shall take all safety precautions famish and install all guards necessary for the Invention of accidents, comply with all laws and regulations with regard m mfey including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010