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HomeMy WebLinkAbout102408 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER - 3212227PURCHASE ORDER PO Number Page City Of 3212227 1 of z � } Collins This number must appear ` ` 1 ,�7 on all invoices, packing slips and labels. Date: 06/20/2012 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 2 Blanket Order - City of Fort 1 LOT LS 20,000.00 Collins Utilities - 2012-Adden Total $20,000.00 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 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 I. COMMERCIALDETAILS. Tax exemptions. By marine the City of Fan Callins is exempt from sums and local tases.0 i, Exemption Number is 11. NONWAI VER. 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure Of the Purchaser to insist upon strict performance of the terns and conditions hereof. failure or delay to Internal Rarnuc, Denver, Colorado (Ref. Colorado Revised Statutes 1971, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to pmntptly notify the Seller in the event of a breach. the nceeptance ofor payment for goods hereunder or approval Ofthc design, shall not release the Seller Of Goods Rejected. GOODS REJECTED due to failure to mect specifications, either when shipped or due to defects of any of the mnmntics or obligations of this purchase order and shall not he deemed a waiver of any right of the damage in transit. mzv be rcotmed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereoforany of its rights or remedies as to any such gmds, regardless instructions form the City of Fort Collins. of when shipped. received or accepted. as to Time prior or subsequent default hereunder, nor shall any purported Oral modification or rescission of this purchase order by the Purchaser Opcmtc is a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. humof. 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 from antitrust ACCEPTANCE is dependent upon completion ofill 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 busby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.H., City of Fort Collins, 700 Wood St.. Fort Collins. CO 80522. unless acquinxd ,ruder federal or state antitrust laws for such overcharges relating to the pznieular goods or services otherwise specified on this order. If pcm,ission is given to prepay freight and charge separately, the original freight purchased or acquired by the Puchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not Ire accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers 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 date to be agreed upon by the expected than the nearest distribution point to destination. and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therm Her indicates its inability or unwillingness to comply. the Purchaser shipments are made form greater distance. may cause the work to be perforated by the most expeditious means available to it, and the Seller shall pay eil .,is associated with such work. Permits Seller shall pmcurc at sellers sole cost all necessary permits. ecnifieates and licenses required by all applicable laws, regulations. ordinances and talcs 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 vm da, Seller further agrees to hold the City of For, Collins harmless form and against all liability and IT,,, incurred by them by reason of an asserted or established violation of any such laws. regulations, ordinances, rules and mcpfl cmcnts. Authonzation. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete anthoritv to hind said panics. LIMITATION OP TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplcmcnmry or additional terms and conditions annexed hereto or incorporated herein by reference Any addition,,] or difictent tans and conditions proposed by seller ore objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to runic on your promised delivery date 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 acts of the Purchasers including, without limitation, acceptance of partial late 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 rcmedics, the option of placing 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 arc beyond its reasonable control and without its fault ol negligence. such acts of God, acts ofcivil or military authorities, governmental priorities, fires. strikes. Hood, epidemics, Ones or rims provided that notice of the conditions causing such delay is given to the Purchaser within fin (5) days of the time when the Seller first received kmwledge thereof. In the event of any such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants (hm all goods, articles, materials and work covered by this order will confnnn 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 Purchaser may suffer or incur on account of the Sellers breach of wamnry. The Seller shall replace. 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 lam or by the term crony applicable warmnty provided by the Seller ngcr the date of acceptance of the goods furnished hereunder (amcptortce, not to be unreasonably delayed), resulting poor imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this wamnty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages passionately caused by the breach of any of the foregoing sslmatieS or guarantees, but such liability shall in no event indudc loss of pmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. 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 harms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drasimgs, by varied nr alum change Order. If icy such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time be written change order. terminate this agreement as to any or all panions of the goods then not shipped, subject to any ceptuable adjustment between the panics as to any work or materials then in prongs provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads andtor work, for incidental or consequential damages, anal that no such adjustment be made in favor of the Seller 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 good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the date the change or teminaion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all gads sold hercnnda shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods 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 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 poor written consent of the other parry. 10. TITLE. The Seller wamnts 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 ofmhers. The Seller shall telcow the Purchaser and its contractors of any net fmn, all liability and claims crony nature resulting from the performance of each work. This releree shall apply even in the event of fault of negligence of the party released and shall extend to the directors, otTecrs and employees ofsuch parr. The Seller's contractual obligations, including wamary, shall not he deemed to be reduced, in any way. because such work is performed or cruised to he perfnrowd by the Purchaser. 14. PA'I F,NTS. Whenever the Seller is required to use any design, device, material or process on%crcd by letter, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from anv and all claims for infringement by reason of the use of such patented design, device, material or pmcecs 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 such infringement at any time during the prosecution or Tiger the completion of the work. In case said equipment. or any part 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 pmcurc for the Purchaser the right to continue using said equipment Or parts, replace the same with substantially equal bat noninfringing equipment, or modify it so it becomes maninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or mstee for anv of the Sellers property or business, this order may fnnhwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions Ofterms used or the interpretation rdthe agrecmeat and the rights ofall panics hereunder shall be construed under and governed by the lawx ofthe State of Colomdn, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services O(Sellcm Rcpresentntive(s), oa the premises of others. 17. SELLERS RESPONSIBRA rY. The Seller shall eatry on said work it Sclice, con risk until the same is fully completed and accepted, and shall, in case of any accident desinetion or injury to the work and/or materials before Scllcrs final completion and ,acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unlond, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, povide for the payment of workers comprnmtion, including Occupational disease benefits to its employees employed on or in connection with the work covered by this purchase order. andtor to their dependents in accordance with the Inws 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 amnumbile public liability insurance with bodily injury and death limns of it [cast S Wn,9o0 for are one person. S500,010 for any. one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, it any, to provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the preinises of others, the Seller shall famish [he Purchaser with a certificate that such compensation and insurance have been pmvidcd. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such ecrtificales shall specify the date when such compensation and insurance expires. The Seller agrees thin 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 damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting front the execution Mthc work provided for in this purchase order or in cnnncclion hereo i[h. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers o0ivers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons Or pmpcnv to which the Purchaser may be pot 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 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 con", etors or any of its or their o0'eers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and no defend the same al the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses. any and ill judgments that may be incurred by or obtained against the Purchaser or any of it or their omens, agents or employees in loch suits or other proceedings, and in case judgment or other lien he placed upon Or obtained against the property of [hc 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 Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention Of .accidents. comply with all laws and regulations with rcgmd to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised 03/2010