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HomeMy WebLinkAbout237530 COLOR PRO PRINTING OF COLORADO - PURCHASE ORDER - 3212155 (2)PURCHASE ORDER PO Number Page City of PURCHASE 3212155 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 237530 COLOR PRO PRINTING OF COLORADO 2415 E MULBERRY SUITE 7 FORT COLLINS Colorado 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 Blanket P.O. for Utilities 1 LOT LS 10,000.00 for 2012 City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 Invoice Address: 10,000.00 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 statute the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is 98.(14502. Federal Excise Tax Exemption Cmificate of Registry 84-6(W5R7 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Creeds Rejected. GOODS REJECTED disc to Ethic, to meet specifications, either mhen shipped or dice to defects of damage in transit, may he rearmed to you for credit and arc not to be replaced except upon rcccipt of written instructions from the City of Fort Collins . Inspection. GOODS arc subject to the City of Fort Collins inspection on arrive 11. NONWAIVER. Failure of the Purchaser to insist open strict performance of the terms and conditions hereof. failure or delay to exercise any right or remedies provided herein or by law, failure to pmmplly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or mpproval of the design, shall not release the Seller of any of the wamatiec or obligations of this purchase order and shall and be deemed a waiver of any right of the Purchaser to insist upon strict performance hereofm any of its rights or remedies ors came such goods, regardless of when shipped, received or accepted, as to any prim or subsequent default hcrcund r, not shall any purported mal modifiers or resci.mn of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merehxndise, services nr equipment in respnose to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorimd payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice mvercharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Pirchascr. Theretofore, for god cause and as consideration for executing this Purchase order. the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereufler Freight Terms. Shipments must be F.O.B., City of Fen Collins. 700 Wood St. Fort Collins, CO 80522, unless acquired under federal or state tonne al law, for such overcharges relating to the pinicular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased Mr 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 manufactomm have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a dote to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will he deducted fmm Invoice when Purchaser and the Seller, and the Seller Ihcicifter 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 expeditious means available to it. and the Seller shall pay ill costs associated with .such work. Permits. Seller shall prated, at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws. regulations, ordinances and suits of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constimtcd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fen Collins hamlcss forms and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rules .ad nalmse'mcem. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to hind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions stated herein set finch and any supplementary or additional access and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejecmd. 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 essence. Delivery and pMMmsanec 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 ofpartial late deliveries. shall operate as a was of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing 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 rouses not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities, governmental pricraics, fires, strikes, food, epidemics, wars or riots provided that notice of the conditions causing .such delay is given to the Purchascr within live (5) days of the time when the Seller first received knne ledge thercef. 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. T'he Seiler warrants that all good, articles, materials and work covered by this order will confront 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 or expense which the Purchascr may suffer or incur on account ofthe Scllcrs breach of wamnty. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (H year or within such longer perind of time as may be prescribedby law er by the terms of any applicable wamnty Provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or material, famished by the Seiler. Acceptance or use of grad by the Purchascr shall not constitute a waiver of any claim under this wamnty. Exeepl as otherwise pmvidcd in Ihis purchase order, the Scllcrs liability hercundm shall extend foal] damages proximately roused by the breach ofany ofthe foregoing warranties s r guamntces. but such liability shall in ran event include loss of profits or loss ofusc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4.CHANGES IN LEGALTERMS. The Purchases, mov make changes to legal toms by written chance reeler. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to she terms, other than legal terms. including additions to or deletions from the quentiries originally ordered in the spoeifueztic s or drawings, by verbal or written change order. If any such change affects the amount due or the time of perfnmancc hereunder. an equitable adiustnwnt shall be smile. R. TERMINATIONS. The Purchascr 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 she panics as in any work or materials then in progress provided that the Purchascr shall not be liable for any claims for anticipated pmfits on the uncompleted portion of the goods and/or work, for incidental or consequential damage, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers .sa ndm d stock. No such termination shall relieve the Purchascr 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 fmm the date the change or termination is ordcrcd. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hcrcundin shall have been predicted. sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good arc subject. The Seller 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and held the Purchascr hamlcss food all costs and damages suffered by the Purchascr 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 becons due hereunder without the prior sum ten consent of the other party. 10. TITLE. The Seller wamnts full. clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofothers. The Seller shall release the Purchascr and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This relcarac, shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. The Sellch contractual obligaions. including wamnty, shall not be deemed to he reduced, in any way, because such work is performed or caused to he perfomed 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 indemnity and save harmless the Purchascr from env and all claims for infringement by diem of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchascr 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 of the work. In case said equipment or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined. the Seller shall, at its own expco a and at its option, either procure for the Purchascr the right to continue using said equipment or parts. replace the same with substantially equal but noninfringing equipment, or modify it sa it becomes ooninfringing. 15ANSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignmenl for the muctit of crnlitom. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Pnrch..cc without liability. 16. GOVERNING LAW. The definitions fifteens used or the interpretation ofthe agreement and the rights of all parties hereunder shall be consumed under and governed by the laws ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Reprcsentalive(s). on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcfs 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 S,Rer%osn expense and to the satisfaction ofthe Purchase, When materials and equipment are furnished by others for installation or creation by the Seller, the Seller shall mccivc, unload. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr trader the order. 19, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers eompero Lion, 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 ofthe .state in which the work is to be done. The SCllcr shall also carry comprehensive general liability including. but not limited to. contractual and automobile public liability insurance with bodily injury and death limits of at (cast 5300.010 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 for such compensation and insurance. Before any of the Sellers or his contract... employees shall do any work upon the premises nfothus. the Seiler shall famish the Purchascr with a ecnifieale that such compensation and insurance have been Provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such ectrificates shall specify the date when such compensation and insurance expires The Seller agrees that such conspcosation and insaunnec shall be maintained until ancr 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 ofany kind or nature. whatsoever to persons or property caused by or rcstlting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchiscr and any or all of the Pumhascrs officers, agents and cmployccs form and against any and all claims, losses. damages. charges or expenses. whether direct or indirect, and whether to per,. no, or pmpeny to which the Purchascr may be put or subject by reason of any net. action. neglect, omission or default on the pan of the Seller, any of his contractors, 0, any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchascr, or its MReem. 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 contactors Mr any of its or their Mixers, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the same it the Sellers own expense, to pay any and all costs, charges. attorneys fees and other expenses, any and all judgments that may be incanted by or obtained against the Purchascr or any of its or their MfECC s. agents or employees in such snits or other pmaedings, and in case judgment or other lien be placed upon or obtained against the property, ofthe Purchascr, or said panics in or as a result of such suits or other proceeding,%, the Seiler 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, famish and install x1I guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Rcviscd 0312010