HomeMy WebLinkAbout102408 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER - 9142084Fort Collins
PURCHASE ORDER
Date: 04/14/2014
Vendor: 102408
PIONEER PRESS OF GREELEY INC
2965 27TH AVE
GREELEY CO 80631-8531
PO Number Page
9142084 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRANSFORT BUS FACILITY
CITY OF FORT COLLINS
6570 FORTNER ROAD
CITY OF FORT COLLINS CO 8052
Delivery Date: 04/11/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2014 Schedule Printing 1 LOT LS 17,097.00
Per Bid
Total $17.097.00
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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 Order Terms and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fan Collins is exempt firm suite and local macs. Out Exemption Number is
11. NONWAIVER.
98f 502. Formal Excise Tax Exemption Condition, of Registry 84-60W587 is registered with the Collttmr of
Failure of the Purchaser to insist upon surin Performance of be terms and conditions latenl, failure or delay to
internal Revenue, Deaver, Colorado (Ref. Colorado Revised Smatea 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 acceptance ofor payment fan good hereunder or approval ofthe design, shall not release the Seller of
Good Rejected. GOODS REIECfED due ex failure to meet specifications, either when shipped or due to defects of
my of the warranties or obligations of this purchase order and shall not wo daemon a Waiver of my right of the
damage in mmnsit, may be mtumed . you for credit and are not to b, replaced except upon receipt of wrier=
purchaser. insist uNo sane, performce re anbeofor any of in rights or remedies m to any such floods, ess oo, regardl
instructions from the City of Fort Collins.
of when shipped, received or accepted, an, to any prior at subsequent default hereunder, nor shall my purported
oral modification or rescission of this purchase order by the Purchaser opiate ss a waiver of my of the temp
Iaspect ion. GOODS are subjeel W tha City of Fan Collins imp=tan on arrival.
hereof.
Final Acceptance. Receipt of the merchandise, maxima or equipment h comma, ro Nis order con result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authonsid payment on the pan of be City of Fart Collins. However, it is a he understood unit FINAL
Seller and the Purchazer recognim but in actual ecommic practice, overcharges resulting farm maimbt
ACCEPTANCEis dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchaser. Therelofne, for good cause and as consideration for executing this
purchase order, the Seller hereby assigns to he Purchaser my and all claims it may now have or hereafter
Freight Terms. Shipments ..in he F.O.D., City of Fan Collins. 000 Wood SL, Fan Collins, CO 80522, unless
acquired under federal or sate national laws for such asinnn gas relating a me particular good or services
Otherwise specified on Nis order. If permission is given to prepay freight and charge separately, be original freight
purchased or acquired by he Purchaser pursuant to Nis purchase order.
bill must accommanv invoice. Additional charms for wicking will not wo accented.
Shipment Ductim. Where manufmurers have distributing points in vannow Pans of the country, shipment is
expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when
shipments are made form greater distance.
Permits. Seller shall procure at sellers sole cost all necessary, permits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles ofthe state, municipality, territory or political subdivision where
the work is perforated, or required by any other duly constituted public mahmiry having jurisdiction over the work
of vendor. Seller Ether agrees to hold the City of Fan Collins harmless from and against all liability and loss
incurred by them by man of an asserted or established violation of any such laws, regulations, ordinances, rules
sorequirements.
AttthonWi ion. All panics to this commit agree that the represenmuses are, in fuel, from fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits accepmae . hie terms and coalitions sated
herein set fond and any supplementary or additional temps and conditions annexed hemto or incorporated herein by
reference. Any additional or di@arm teen and conditions proposed by seller are objected m and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your
promised delivery date as nOled. Time is afthe casrnm. Delivery and performmce must be eRected within the time
sated on the purchase order and the documents avachor here.. No acts of the Purchasers mcludm& without
limitation, acceptance affronts] late deliveries, shall memte as a waiver of Nis provision. 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 he Seiler liable for damages. However, be Seller shall not be liable for damages as is ¢nth of delays
due to muses not reasonably fares=able which are beyond its Wasowble combat and without its fault of negligence,
such was of GM, acb ofcivil or military authonries, govermmental prlondes, fires, stoke , Daod, epidemics, wars or
nos 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 me event of any such delay, the date of delivery shall wo
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warrants that all good, articles, ....all and work covered by this Order will conform with applicable
drawings, specifications, samples mdbr .,he, descriptions given, will be fit far 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 homeless from any loss, damage or expense which the
Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year in within such longer perind of
time ss may be prescribed by law or by the leans of my applicable warranty provided by the Seller after the date of
acceptance of the good famished hereunder (acceptance not to beunreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or use of good by be Purchaser shall not
cout ate a Waiver of my claim under this wamnty. Except as ohctwis, provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately mused by be breach of my of the foregoing warromies
on, guorantees, but such liability shall in no event include loss of profits in loss ofuse. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may nuke changes to legal It. by wrurn change order.
5. CHANGES IN COMMERCIAL TERMS.
Two Purchaser may make any changes to be arms. office dam legal terms, including additions to or deletions farm
the gminffes originally coal in the spcifcan ins or drawings, by social or written change same,. If any such
change affecb the amount due or the time ofperfomance hereunder, an equitable adjustment shall be rode.
6. TERMINATIONS.
The Perehue, may to any time by woman change order, terminate this agreement as 10 any or all portions of the
good men not shipped, subject to any equitable adjustment between he panics as to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted
panton of the goad and/or work, for incidental or comer ential damages, and tail 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 oftheir obligations as to any good delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thin, (30) days from the date she change Or terminaiun is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered end famished in annit
compliance with all applicable 1. and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as, may he acquired to effect or evidence compliance. All laws and regumniom required to be
corpadted in agreements of Nis character arc hereby incmpoated herein by this reference. The Seller agrees .
indemnify and hold be I'mohmer hdmleas form sell costs and damages suffered by be Purchaser u a result of he
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, oa n for, Or ummey this order, or any monies due or an become due hereunder William the
prior written consent ofthe oher party.
10, TITLE.
The Seller warrants full, clear and mrtsNcted dale In the Purchaser for all equipment, materials, and items fumiswod
in pwommusions, of Nis agreement, f and clear of any and all liens, mu icsime, reurvait.., ae=riry interest
encumbmmes and claims or.bers.
13, PURC14ASEM PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser direcb the Seller to correct nonconforming or detective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
may .use the work to he performed by the most expeditions means available to it, and the Seller shall pay all
costs associated with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims Of any nature
resulting from the performance ofmch work.
This release shall apply even in the event of fault of negligence of the Party released and shall extend to he
drive.., amcers and empinyees of such parry.
The Sellers contractual Obligations, including wmrmty, shall not wo demand to be reduced, in any way, because
such work is Performed Or caused to be, performed by he Purchaser.
14. PATENTS.
Whenever the Stiller is required m use any design, device, and m.[ or process covered by letter, pared, trademark
or copyright, he Seller shall indemnify and save hamdess the Purchaser from any and all claims for management
by reason of hie use of such patented design, device, maternal or process in connection with the contract, and
shall indemnify the Purchaser for my cost, capeme or damage which it may be obliged to pay by reason of such
infringement at any time during be prosecution or after the completion of floe work. In rase said equipment. or
my par thereof or be intended use of be good, is in such suit held . constitute infringement and the use of
said equipment or pan W =joined, the Seller shall, in its own expense and at its option, ether procure for the
Purchaser he right . continue using said a impmem or pans, replace he erne with substantially equal bon
...infringing equipmen, or modify it an it becomes noOiOfringi,.
15. INSOLVENCY.
if the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or tmstce for any of the Sellers propmy or bmi.ow, his Order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definitions of tears used or the interpretation ofthe agreement and the rights of all patties hereunder shall be
onnaed under and gco emed by the laws Ofrbe Stale of Colorado, USA.
The following Additional Conditions apply only in cases where the Seiler is a perform work hereunder,
including the services of Sellers Representative(s), on be premises mothers.
❑. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work m Sellers own risk until the same is fully completed and sump[nd, and shall.
in case of any accident, destruction or injury . the work andror materials before Sellers final completion and
aceepmnce, complete he work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by when, for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same in be site and become responsible therefor as though such materials aodtar equipment
were beiagf ishM by be Seller under the order.
IS. INSURANCE.
The Seller shall, in his own expense, provide for he payment of workers compensation, including occupational
disease benefits, an its employees employed on or in conacction with be work covered by this purchase order,
and/or to their depeormb in accordance with the laws of me sate in which be work u . be doom. The Seller
shall also carry comprehensive general liability including, but cot limited to, confromand and automobile public
hathiliq iesscomove w'ih fertility ijury and death limits of roe taut S300J000 for any one person, 5500,000 for any
one accident and psoperty damage limit per accident of S400,000. The Seller shall likewise .quire his
contractors, if my, 1. provide for such mmpenmtion and insurance. Before any of the Sellers or his csaa...
employees shall do any work upon the premises of olhcrs, the Seller shall f ish the Purchaser with a cond core
that such compensation and insurance have been provided. Such cenificoms shall specify he date when such
compensation and insurance have been provided. Such cenificatm shall specify the dam whom such compemation
and insudnce expires. The Seller agrees that such compensation and insurance shall be maintained wail after me
entire work is camplemd and azapm&
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and habil try for any and all damage, loss Or injury ofany kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase Omer or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and a,mm, any and ail claims, bases, damages,
charges Or expenses, whether direct or indirect, and whether to persons or pmperty to which the Purchaser may
be put or subject by mason Of my act, action, neglect, omission or default on the Part of he Seller, any of his
contractors, or any of be Sellers or contractors officer, agents or employees. In case my suit r other
proceedings shall be brought against be puncheon, or its office a. agents or employees at any time on account or
by reason of any act nation, neglect, omission or default of the Seller of any of his contractors or any of its cr
their officers, agents or employees As aforesaid, the Seller hereby agrees to assume the defense thereof and to
defend the more at the Sellers own expense, to pay any and all costs, charges, aaoaeys fees and other expeancs,
my and all judgmenn than may be incurred by or obtained against the Purcl sto or any of its or their officers,
agens or employees in such suits or other proceedings, and in case judgment or other ]Lou wo placed upon in
obtained against the harper ofthe Purchastt, or said parties in or as a rerult of such suits ur be, praeedings,
hie Seller will at ace couae be same to wo dissolved end discharged by giving bond or other Wise. The Seller and
his contractors shall take all safety Precautions, formula and install all guard nmQsary for the prevention of
accidents, comply with all laws and regulations with regard or safety including, but without liaimdaq be
Occupational Safety and Health Act of 1990 nor all ales and ac mat tom bound pursnsim then ro.
Revised 03R010