HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9142515Fort Collins
Date: 05/06/2014
Vendor: 117101
VISION GRAPHICS INC
5610 BOEING DR
LOVELAND CO 80538
PURCHASE ORDER
PO Number Page
9142515 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: NATURAL AREAS
CITY OF FORT COLLINS
1745 Hoffman Mill Road
FORT COLLINS CO 80522
ti Imo- 6� DL
Delivery Date: 05/05/2014 Buyer: DAVID CAREY
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Tracks 8 Trails Guide Booklet 1 LOT LS 9,119.88
June-October2014 Edition
Quantity: 25,000
Price: $0.3648 each
Renewal of award made to Vendor per competitive bid process dated 04/09/13.
Specifications as per Fax Quote Request dated 04/05/13, except quantity.
Price for revised quantity per Estimate# 83206 dated 05/02/14.
City Contact: Sue Kenney 970-224-6118.
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.wrn
Total $9.119.88
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. COFUIERCIALDEfAILS.
Tao eactoptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Cmifi.de of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26. 114 Ed.
Gaols Rejected, GOODS REJECTED due to failure to meet floret fications, either when shipped or due ro defects of
damage in Room, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fan Collins.
Erespection. GOODS are subject o the City of Fan Col Iim inspection on amical.
11. NON WAIVER.
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay no
exercise any rights or remedies provided harem or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not relwoe the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
Purchaser to insist upon now performance hereof or any of its rights or comedies as to any such goods, regardless
of when shipped, received or accepted, m to any prior or subsequent default hereunder, nor shall any purported
oral modification or reuissi- of this purchase order by the Pwclamer menthe as a waiver of my of the terror
Sector
Final Acceptance. Receipt of the merchandise, services or equipment in response tut this order tun result is 12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorial payment on the pan of the City of Fan Collins. However, it is m be understood not FIPAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antimsa
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations are in fact home by the Purchmer. Theretofore, for good cause and as consideration for executing this
machow order, the Seller hereby assigns m the Purrhmer any and all claims it may now have or hereafter
Freight Terms. Shipments min be F.O.B., City of Fort Collins, 700 Wood Sr. Fiat Collins. CO 80522, unless acquired under federal or stile artimmst laws for such overcharges rehiring to the particular goods or services
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchaud or acquired by the Purchaser pursuant to this purchase order.
Nil most accompany invoice. Additional charges for packing will not be accepted.
13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Disanee. Where manufacturers have distributing pointsth sanous pans of the country, shipment ins Ifthe puehmer directs the Seller ro roared nonconforming or defective goods by a dam as be agreed upon by the
eepected from the nearest distribution paint in destination, it excess fight will be deducted found Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or wwillingness to comply, she Purchaser
shipments are made from greater distance. may wuu the work an be performed by the mast expeditious means mailable no it, and the Seller M1all pay all
cons msocimed with such work.
Prnnits. Seller shall procure at sellers sole cost all necessary permit, ceni0cams and licenses required by all
applicable laws, regulations, matrices and roles of the forte, 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 (mbar agrees to hold the City of Pan Collins harmless from and against all liability and loss
incurred by them by rased ol'an assailed or established violation of my such laws, regulations, ordinances, rules
and r sfirmaens.
Amortization. All probes to this contract agree that the repreunlatives are, in fact. Was fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms mf conditions slated
heroin set forth and any implemenmry or additional terms end conditions annexed hereto or incorporated herein by
reference. Any additional or different teems and conditions proposed by seller arc objected to and hereby rejected.
2. DELIVERY.
PLF,ASB ADVISE PURCHASING AGENT immediately if you crnnot make complete shipment to move on your
promised delivery date m noted. Time is ofthe esseuce. Deivcry and performance must be infected within the time
slated on the purchase order and the documents attached herelu. No acts of the Purchasers including, without
hmimtion, acceptante client late deliveries, shall operate m a waiver onhis provision. In the event of any delay.
the Pu vi aser shall have, in addition to other legal and equitable remedies, 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 are beyond its reasonable control and without its fault of negligence,
such acts of God, acts ofcivil or military authorities, governmental Frontier, fires, strikes, Brood, epidemics, wars or
dots provided that notice of the conditions causing such delay is given to the Purehmer 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 pedal equal to the time actual ly lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants not all ponds, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples offer other Jocriptiom given, will be Fit far the purposes manded, and
performed with the highest degree of care and competerme in accordance with acoci ed smMa ns for .,it of a
similar nature_ The Seller agrees to hold tFs porringer harmless from any loss, damage or expense which the
Purchssef may suft or iceman acco-t of the Sellers breach of w.1y. The Seller shall replace, argon m make
good, without cast to the purchaser, any defects or faults raising within one (1) year or within such longer pant of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance office goods famished hereunder (acceptance not ro be unreasonably delayed), resulting from imperfect
or defective work done ar materials famished by the Seller. Acceptance or me of gated by the Purchaser shall nor
constitute a waiver of any claim under this warranty, Except as otherwise provided in this purchase orders the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties
or guamntres, but such liability shall in no event include loss ofprofts or lass of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaur may make changes to legit tenor by wathrn change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser
may mike any changes to the terms, other than legal areas, including additions to or deletions from
the quantities originally mdesed is the specifications or drawings, by verbal or written change order. If any such
change affect the amonnl due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS,
The Purchaser may at any time by written change order, terminate OJs agreement as to any or all Famous of the
goods then not shipped, subject to any equitable adjustment between the rumors as to any work or materials then in
progress provided that the Patrchaxr shall not be liable for any claims foranticipated profit on the uncompleted
portion ofthe goods motion work, fro incidental or wmcluential damages, and runt no such adjustment be made in
favor ofthe Seller with respect to any good which are the Sellers slaodand stock. No such termination shall relieve
the Putchmer or the Seller ofany of their obligations as to any goads delivered hereundm.
]. CLAIMS FOR ADJUSTMENT.
Any claim far adjustmem most be asserted within thirty (30) days from the date the change or termination is
ordered
B. COMPLIANCE WITH LAW.
The Seller warmts that all goods sold hereunder shall have been produced, said, delivered and famished in stria
compleme, with all applicable laws and regulations to which the goods are subject. The Seller shall exeeme and
deliver such documents as may be required m effect err evidence compliance. All laws and regulations Expired m be
nmrymated in egrecments of this chanter ate hereby misinformed haew by this reference. The Seller agrees to
indemnify and hold the Pumhmer 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
prior "it" consent of the other party.
IIf TITLE.
The Seller warrant full, clear and monstncted title to the Purchaser for all equipment, mitenals, and items fmdshed
in performance of this agreement, fare and clear of any and all liens, restrictions, reservations. security interest
enca-brances of claims crackers.
'Do, Seller shall release the Purchaser and its common. of any at, from all liability ad claims of any nature
resulting from the performance of such 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 ofsuch pan,.
The Sellers contractual obligations. including w'anarrty, shall not bi, domed to he reduced, in any way, because
such work is pnfarmW or ..it be he performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, doctor, manna) or process covered by lever, patent, trademark
or copyright, the Seller shall indemnify and save handless the Purchaser from any and all claims for infngement
by reason of the use of such patented design, device, material or process in emourion with the contract, and
shal I indemnify he Purchaser for my con, expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use or the goods, is in such suit held m 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 ruing said equipment or parts, replace the same with substantially equal but
noninfdnging equipment, or modify it so it Eecomw noninfdnging.
IS. INSOLVENCY.
If the Seller shall become insolvent or bankntpt, make an amigmment for the benefit of creditors, approval a
receiver or trustee for any of the Sellers property or busies, this order my forthwith be canceled by the
Purchaser without liability.
if, GOVERNING LAW.
The defnilions ofterms used ar the imerpmarom of the agreement and the rights ofall parties hereunder shall be,
comtmed under and governed by the laws ofthe State ofColoredo, USA.
The following Addidoml Conditions apply only in man where the Seller is to perform work hereunder,
including the su ices of Sellers Rx,resealative(s),-de, premises oforhers.
IT. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same b Polly completed and accepted, and shall,
in u of any accident, desWetion or injury to the work anon crommD before Sellers find completion and
acceptance, complete the work at Sellers awn expense and to the snusfrecon of the Purchase, When materials
and equipment are famished by others for installation ar crecurd by the Seller, the Seller shall receive, —load,
store and handle same to the site and become responsible therefor as though such materials and/or ali ipment
were being perished by the Seller ufer the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to is employees employed on at in connection with the work covered by this purchase order,
tanker to their dependents in accordance with the laws ofthe slam in which the work is to be done. The Seller
shall also carry comprehemive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of at least S3W,000 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 lot such compensation and insurance. Before my of the Sellers or his contractors
employes shall do any work upon the Facilities of others, the Seller shall furnish the Purchaser with a certificate
that such compensation -d imumnce have been provided. Such cmtificates shall specify the date when such
compensation and insurance have hem provided. Such emificmes shall specify the dam when such compessalion
and mormame expires. The Seller agrees Nut such compensation and insurance shall be insinmitnd until afterthe
more work u completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury army kind
or nature whatsoever m persons ar property roused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify -d hold hnmtless the Purchases and any
r all of the 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 my act, action, neglect, omission or default on the pan of tM1e Seller, my influx
contractors, or any of the Sellers or contractors Miters, agents or employme. In cute any net m offer
proceedings shall be brought against the Purchases, in its olfemi, agents or employees at any time on account or
by reason of any act, action, register, omission or default of the Seller of any of his comment. or any of its or
their officers, agents or employers m aforesaid, rare Seller hereby agrees to ant-e the defense thereof and b
defend the same at the Sellers own expense, ro pay any and all costs, charges, anomeys fees and other expenses,
nay and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers,
agents or employees in such suits or ocher proceedings, and in case judgment or other lien be placed upon or
obtained against the property ofthe Pumhnser, or said parties in or ex a result match suit or other proceedings,
the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precaution, famish and immll all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limlmtioa the
Occupational Safety and Health An of 1970 and all roles end reguWtioot issued pursuing theme.
Revised 03R010