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HomeMy WebLinkAbout254212 ABSOLUTE GRAPHICS INC - PURCHASE ORDER - 3212134PURCHASE ORDER PO Number Page City Of3212134 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01 /23/2012 Vendor: 254212 Ship To: WATER UTILITIES ABSOLUTE GRAPHICS INC CITY OF FORT COLLINS 2518 MIDPOINT DRIVE #1 700 WOOD ST FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 Uniforms for Utilities Blanket Order - 2012 Rzx� Q. OAALa, le - City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 1 LOT LS 40,000.00 Total $40,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stank, the City of Foot Collins is exempt from state and local taxes. Our Exemption Number is 98-0,1502. Federal Excise Tax Exemption Cenificatc of Registry 84-60005R7 is regimcced with the Collector of Interval Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). Goods 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 fro credit and arc not to be replaced except upon receipt of written instructions from the City of Fort 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 of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided hcrcin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or paymem for goods hereunder or approval of the design, shall not release the Seiler of any of the warranties or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance hereofor any ofm rights or remedies as to any such good,, regardless of when .shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescissinn of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, 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 understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmba antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc 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 hcreaRcr Freight Teats. Shipments must be F.O.B.. City of Fort Collins. 700 Wood St., Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise speei feed 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. 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 cancer nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser end the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most cxpeditint, means mailable to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers side cost all necessary permits. ¢rtifieams and licenses required by all applicable laws. regulations, ordinances and odes of the state, municipality, territory or political subdivision where the work is Performed. or required by any other duly constituted public authority havingjurisdiction over the work of vendor. Seiler further agrees to hold the City of Fort Collins hamaless from and against all liability and loss incurred by them by mason of na in erred or established violation of any such laws regulations. onlinnncex, rules and requirements. Authorization. All panics to this conract agree that the mpmsentatives arc, in fact, bona fide and pas css full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly dimity acceptance to the terms and conditions stated herein set faith 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 arc 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 of the csscnee. Delivery and peformance 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 date deliveries, shall operate as a wniver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable remedies. the option ofpducing this order elsewhere and holding the Seiler liable for damages. However, the Scller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofeivil or military nuthodties, governmental priorities, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchascr within five (5) days of the time when the Seiler first received knowledge thereof. In the event of any such delay, the date of delivery shall be extended for the period equal to the rime actually lost by reason of the delay. 3. WARRANTY. The Seller .'.rants that all goods, mimics, materials and work covered by this order will contomm with applicable dm.ings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Scllcr agrees to hold the purchaser harmless fmm any doss, damage or expense which the Purchaser may suffer or incur on account of the Sellers branch of warranty. The Seller shall replace, repair or make good, ,without cost to the Purchascr, any defects or faults arising within one (1) year or within such longer pernd of time as may be proscribed by law or by the terms ofany applicable warranty provided by the Seller aficr the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), residing from impeded or defective work done or materials famished by the Seiler. Acceptance or use of goods by the Purchascr shall not constitute a waiver fany claim under this warranty. Except as otherwise provided in this Purchase order. the Scllers liability hereunder shall extend to all damages proximately caused by the branch of any of the foregoing warranties or guamntees, but such liability shall in no event include doss ofpmfits 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 terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the qualities originally ordered in the specifications or drawings. by verbal or written change oNer. 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 not shipped, subject to any equitable adjustment between the panics as many work or material., then in progress provided that the Purchaser shall not be liable for any claims for anticipated protits 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 are the Scllers standard %trick. No such termination shall nlievc the Purchaserur the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adustment most be asserred within thirty (30) days from the date the change or mood anon is ordered. R. 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 Foods are subject. The Seller shall execute and deliver such documents as maybe required toeffect 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 suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party 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. 10. 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, rcsenations. semmty interest encumbrances and claims ofolhers. The Seller shall release the Purchaser and its contmctorx of any tier fmm all liability and claims of any nature resulting from the perfommnce of such work. This release shall apply corn in the event of fault of negligence of the patty released and shall extend to the directors, affects and employees ofsuch party. The Scllers contractual obligations. including warranty, shall not be deemed to be reduced, in any way, because such work is perforated 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 liner, patent, trademark or copyright, the Seller shall indemnify and save hamlcss the Purchaser (mot any and all claims for infringement by mason of the use of such patented design. device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, cxpcn c or damage which it may be obliged to pay by reason 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 snit held to eonslitute infringement and the use of said equipment or port is enjoined, the Seller shall, at its man expense and at its option, tither procure for the Purchascr the right to continue using said equipment or parts, replace the mine with subslantinlly equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bonefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this oiler may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The dermitions afters, used or the interpretation ofthc agreement and the rights ofali parties hereunder shall be consmrM under and governed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder, including the servicos of Scllcm Reprcsentanve(s), on the promises ofmhcm. 17. SELLERS RESPONSIBILITY. The Seller shall carry no said work at Scllcr., 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 satisfactinn of the Purchascr. When materials and equipment am furnished by others for installation or erection by the Seller. the Seller shall receive, unlond. store and handle same at the site and become responsible therefor as though such materials and/or equipment more being furnished by the Seiler under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkers compensation. including occupational disease benefits. to its cnmployces employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the Incas of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with brxlily injury and death limits of at least S300,000 for any one person, S500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide f r such compensation and insurance. Before any of the Scllers or his contractors employees xhall do any work upon the premises ofothers, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such cci ificatcs shall specify the date when such nmpensolion 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 ancr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrcbv assumes the entire responsibility and liability for anyand all damage, loss or injury ofany kind in nature whatsoever to persons or property, caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hmndes, the Purchascr and any or all of the Purchasers officers, 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 Scllcr, any of his contractors, or any of The Sellers or contractors officers, agents or employees. In ease any suit or other proceedings shall be brought against the Purchascr. or its officers, agents or employees at any time on account or by reason of any act, action, ncgleet omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Set let hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their ofiiccrs. agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the largely of the Purchaser, or said panics in or as a result of such suits or other Proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond orothcrwise. The Seller and his contractors shall take all salary precautions, furnish and install all guards necessary for The limitation of accident.,, comply with all laws and regulations with regard to salary including. but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued Pursuant thereto. Rcvi,cd 03/2010