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HomeMy WebLinkAbout102406 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER - 3212227PURCHASE ORDER PO Number Page City of 3212227 1 of 2 `t This number must appear Collins1 on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 102408 Ship To: ELECTRIC UTILITIES PIONEER PRESS OF GREELEY INC CITY OF FORT COLLINS 2965 27TH AVE 700 WOOD ST GREELEY Colorado 80631-8531 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 Ordered Extended Price Blanket Order - City of Fort 1 LOT LS 20,000.00 Collins Utilities - 2012 Total Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Toros and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 99-0W502. Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered with the Collector of Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to mca specifications, either when shipped or due to defect of damage in transit, may be returned to you for credit and am not to be replaced except upon receipt of written instructions form the City of Fart Collins. Inspection. GOODS are subject to the City of Fan Collins inspection on arrival. 11. NONWAIVER. Failure of the Punchux r to insist span strict performance of the terms and conditions hereof, failore or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cv eat of a breach, the acceptance efor payment for goods hereunder or approval ofthe design. shall not release the Seller of any of the wo maties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict perfomancc hcrcofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subscgncat default hereunder, nor shall any purported maI modification or rescission of Ibis purchase order by the Purchaser upcnte 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. ASSIGNM ENT OF ANTITRUST CLA I MS. authorized payment on the part of the City of Fort Collins. However. it is to be understood that FINAL Seller nod the Purchaser recognize that in actual economic practice, overcharges resulting from andmat ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seiler hereby assigns to the Purchaser any and all claims it may mov have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 90522. note. acquired under federal or state antitrust laws for such overcharges relating to the panicular 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, hill 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 pans of the country, shipment is If the Pumhnscr directs the Seller to correct nonconforming or defective goods by a date to he 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 ihcreafier indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may carte the work to be perforated by the most expeditious means available to it, and the Seller shall pay all costs a.ocimcd with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates 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 audience having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and toss incurred by them by mien of an asserted or established violation of any such laws, regulations, ordinances. pules and requirements, Authorization. All panics to this concoct agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Pamhase Order expressly limits acceptance to the tans and conditions stated herein set forth and any supplementary or additional toms and conditions annexed hcrcto 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 yen cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe cease. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hcrcto. No acts of the Purchaser including, without limitation, acceptance ofpanial laic deliveries, shall operate as a waiver of this prevision. 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 am beyond its reasonable control and without it fault of negligence. such acts of Gad, acts ofcivil or military authorities, got'emmemal priorities. Ern, strikes, Bond, epidemics, wars or rims provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller Bust 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 ofthe delay. 3. WARRANTY. The Seller wamnty that all goods, articles, materials and work covered by this order will conform with npplicablc drawings, specifications, samples and/or other descriptions given, will he 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 Purchaser m:ry suffer at incur on account of the Scllcrs breach ofwarranty. The Scllcr shall replace, repair or make good. withea i cost to the purchaser, any defttta or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable wamnty provided by the Seller a er the date of acceptance ofthe grads furnished hereunder (acceptance not to be unreasonably delayed), resulting freer imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except its otherwise provided in this purchase order. the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warmatics or guarantees, but such liability shall in no event include loss ofprofit or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q, 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 one changes to the terms, other than legal terms, including additions to or deletions from she quantiries originally mdered in the specifications or drawings, by rerbnl or written change ender. If any such change affects the amount due or the time of performance hereunder. an equfmhle adjustment shall he made. fi. TERMINATIONS. The Purchaser mast it any time he 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 parties as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated produs on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in (aver ofthe Seller with respect to any good which arc the Scllcrs standard stock. No such termination shall relieve the Purchase or the Seiler of any of their obligations as to any good 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 arcked. R. COMPLIANCE WITH LAW. The Seller warrants that all goal sold hereunder shall have been produced. sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the grad arc subject. The Seiler shall execute and deliver such documents as may be required to effect orcvidcncc 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 hamlcm, 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 aide,. or any monies due or to became due hereunder without the poor written consent ofthe other party. 10. TITLE. The Seiler warm, ny 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 contmctors of any tier from all liability and claims of any nature resithing from the performance ofsueh 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 o(such parry. The Seller's contractual obligations, including warranty, shall not he dttmed to be reduced, in any way, because such work is performed or caused In be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material nr process covered by letter, patent, trademark or copyright. the Scllcr shall indemnify and sae 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 reason of mch infringement at any time during the prosecution or after the completion ofthe work. In ease said equipment. or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use, M said equipment or part is enjoined. the Seller shall, it its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same tvitlt substantially egonl but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an a.igmmcnt for the benefit of crxlitors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. Ib. GOVERNING LAW, The dcfinitians of terms used or the interpretation ofthe agreement and the rights of ull parties hereunder shall be eonsmcd under and governed by the laws ofthe State of Colomda. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Scllcrs Represeniztive(s), on the premises nfothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said wail, at Seller's own risk until the mote is fully completed and accepted. and shall. in case of any accident, destruction or injury to the work oulm materials before Seller's foal completion and acceptance, complete the work at Scllcrs own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the SCII<L the SCller shall receive, nalond. stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being finished by the Seller tinder the order, 19. INSURANCE. The Seller shall, at his own cnperse. provide for the payment of workers compensation. including occupational disease henctim to its employees employed on or in connection with the work covered by this purchase ardor. andfor to their dependents in accordance with the laws of the state in which the work is to he done. The Seller shall also carry comprehensive general Iiabilitv including. but not limited to, contractual and automobile public liability moitanee with bodily injury and demh limits of at Iraq S300. 01 for any one person, S500,000 for any one accident and property daninge limit per accident of S400.000. The Seller shall likewise require his contractors, it any, to provide for such compensation and insumncc. Before any of the Scllcrs or his contractors employees shall do any .,it upon the To, scs nfothcrs, the Sellcr shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when mch compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance espims. 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 rcspe"ihility, and liability for any and all damage, Ins.% or injury ofery kind or nature whatsoever to persons or properly caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of 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 env of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, 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 or any of it or their officers, agents or employees as afammid, the Seiler hereby agrees to assume the defense thereof and to defend the ,,me at the Sellers own cxpcn.C, to pay any and all toss, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or clanined against the Purchaser or any of it or their o(fcers, ,,Seals or employers in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmperty ofthc Purchaser, or said parties in or as a result of mch suits or other proccedings. the Scllcr will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his comrdetes shall take all safety precautions, famish and install all guard 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 miles and regulations issued pursuant thereto. Revised 0312010