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HomeMy WebLinkAbout102673 MONTAGE GRAPHICS INC - PURCHASE ORDER - 3212216City of F,.6rt Collins Date: 01123/2012 Vendor: 102673 MONTAGE GRAPHICS INC 225 N LEMAY AVE STE #8 FORT COLLINS Colorado 80524 PURCHASE ORDER PO Number Page 3212216 1of2 This number must appear on all invoices, packing slips and labels. Ship To: ELECTRIC 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 1 Blanket P.O. - Utilities 2012 Rm� 2. oi�es� 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 1 LOT LS Total Invoice Address: 10,000.00 $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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fair Collins is exempt from state and local .,as Our Exemption Number is 11. NONWAIVER. 98-NS02. Federal Excise Tax Exemption Cenificaue of Registry 84-60W587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance Of the tears and conditions hereof, failum Or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, the neccpmnec of Or payment for goods hereunder or approval ofihc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet spc ifications, either when shippod of duc to defects of any of the warranties or obligations of this purchase nrdcr and shall not be deemed a writer ofany right of the damage in transit, may be manned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon strict perfomaance hcreofor any of its rights or rcmcdics as many .such goods, regardless immuctions from the Cit_v of Fnn Collins. of when shipped, received Or accepted, w to any prior or subsequent default hereunder, nor shall any pugiortcd oal modification or rescission of this purchase order by the Purchaser operate w a waiver army Of the Iemw Inspection. GOODS are subject to the City ofFort Collins inspection on enival. 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 remgaizc that in rental economic practice, overcharges resulting from amitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection prcedures. violations arc in fact borne by the Purchaser. Tleretomrc. 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 hercaflar Freight Terms. Shipments must be F.O.B.. City of Fen Collins. 700 Wood St., Fart Collins, CO 90522. I nlecc acquired under federal or state antitmsl Imes for such overcharges relating to the particular grads or services Otherwise specified on this order. If permit ion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase orden hill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. When mannfaeturcrs have distributing points in various pans of the country, shipment is I fthe Purchaser directs the Seller to correct 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 from Invoice when Purchaser and the Seller, and the Seller uhcmaficr indicates its inability orunwillingncs to comply, the Purchaser shipments me made form 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 work. Permits. Seller shall procure at sellers sole cost all nttessary permirs, certificates and licenses required by fill 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 Fort Collins harmless four and against all liability and logs incurred by them by reason of in armed or established violation ofany such laws, regulations, ordinances, macs and requirement. Amhnrintion. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panic. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set lamb and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or di@rent lama and conditions purposed 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 ufthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents anached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial late deliveries, shall opemm as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable rcmcdics, the option nfplaeing this order clscwhcm and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due tummies not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligence, such acts ol'God. acts ofcivil or military a duaritic, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to 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 for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order 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., similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Purchaser may suffer or incur on account of the Sellem breach of warranty. The Seiler shall mpl,ce, repair or make good, without cast to the purchaser, any defects or faults arising within One (I) year or within such longer period of time as may he prescribed by law or by the terms ofany applicable a.ammty provided by the Set ter anet the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as othewise provided in this purchase order, the Sellers Iiabilim hereunder shall extend to all damages proximately, caused by the breach ofany Of the foregoing warramric or gmuaucas, but such liability shall in no event include loss of proloss of or loof use. NO IM PI.I ED 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. CHANCES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities Originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder. an equitable inbustment shall be made. G. 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 profits on the uncompleted portion of the goods andlor work, for incidental or eonscqucnlial damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler 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 mi mination is Ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents its may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamtless farm all costs and damages suffered by the Pnichascr as a result of Poe Sellers failure to comply with such law. 9. ASSIGNMENT. blather parry shall assign, transfer, or convey this order, or any monies due or to become due hcrcunder 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 perfnnnnnee of this agreement. free and clear of any and all liens. restrictions, reservations, scantily interest encumbrances and claims of others. The Seller shall release the Purchaser and its contactors Of any tier from all liability and claims of any nature resulting I'mm the performance ofsuch work. This release shall apply even in the event of Fault of negligence of the patty released and shall extend to the dircemrs, officers and employees of such pony. The Seller's contractual obligations, including wamnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to he 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 nil claims for infringement by re oun Of the use ob such patented design, device, material or process in connection with the contract, and shall indemnity the Purchaser for any cost. expense ter damage which it may be obliged to pay by reason of such infringement in any time during the prosecution or Mier the completion of the work. In cape 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 pan 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 pans, replace the same with substantially equal but noninfringing equipment, ar modify it .so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers purparry or business, this order may forthwith he canceled by the Purchaser without liability. I ft. GOVERNING LAW. The definitions ofoci ms used or the interpretation offhe agreement and the rights of.aIl panics hereunder shall be consumed under and governed by the Imes of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller ism perform work hereunder, including the services of SCIIcrs Reprcscmativc(s), on the premises ofothers. IT SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the lime is fully completed and accepted, and shall. in case of ray accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the stork at Scllers own expcme and to the satisfaction of ncc Purchaser. When materials and equipment arc famished by others for installation or erection by the Seiler. the Scllcr shall receive, unload, .suite and handle same at the site and become responsible fl crcfor as though such materials and/or equipment were being furnished by the Scllcr under the order. 18. INSURANCE. The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease henefits, to its employees employed on or in connection with the work covered by this purchnsc 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 carry comprehensive general liability including, but not limited to, contractual and automobile public liability vournacc with bodily injury and death limits of at (cant S300,000 for any os c person, 5soo.000 for any one accident and property damage limit per accident of S400,000. The Seiler shall likewise require his contractors, if any to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the prcmises ofothers, the Seller shall boorish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Stich emificams shall specify the date when .such eompensuion and insurance 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 danotV, loss Or injury ofany kind or nature whatsoever to persons or pmpcity canted by or resulting from the csccution of the work pmcided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchnurs officers. ,gears and employees from and against arty and all claims losses, damages. charges or expenses, whether direct or indirect, and whether to Persons or propcny 10 which the Purchaser may be put or subject by reason ofany 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 cave any snit or other porecedings shall he brought against the Purchaser. or its officers, agents or employees at any time on account or by reason ofany act, action, neglect, omission or default of the Seller ofany of his contractors or any of its or their officers, agents or employees as aforesaid, the Seiler hereby agrees to assume the defense themof and to defend the some at the Shccrs own expense, to pay any and all costs, charges. attome)s fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their nRcers. ,genus or employees in such suits or Other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe 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 or otherwise. The Seiler and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of .accidents, comply with all Imvs and regulations with regard to safety including, but without limitation, the Occupatinnnl Safety and Health Act Of 1970 and ill rules and regulations issued persmnt thereto. Revised 03/2010