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HomeMy WebLinkAbout102408 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER - 3214145 (2)Fort Collins Date: 07/24/2014 PURCHASE ORDER Vendor: 102408 PIONEER PRESS OF GREELEY INC 2965 27TH AVE GREELEY CO 80631-8531 PO Number Page 3214145 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 07/09/2014 Buyer: PAT JOHNSON 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 2 Adding additional funds per requisition 47658 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 1 LOT LS 20,000.00 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522=0580 Purchase Order Tems and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Too Collins is exempt fmm state and local taxes. Our Exemption Number is 98-U4502. Federal Excise Tax Exemption Cedlficam of Registry g4-6o00587 is registered with the Collector of Internal Revenue, Damao. Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39 26,114 (a). Goods Rejected GOODS REJECTED due m failure an meet specif,wims. either when shipped N due to defecs of damage in transit, may he retumW to you for credit and are Out to be replaced except upon receipt of written instructions from the City afraid: Collins. Inspection. GOODS am subject to fire City of Fort Collins imape lion on orival. Final Areepun e. Receipt of the merchandise, se r equipment in response to this order can msull is authorisement on the paythe part of the City of Foe Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required impectim procedure. Freight Tema. Shipments mull be F.O.B., City of Fart Collins, 700 Woad SL, Fon Collins, CO 80522, unless otherwise specified on this order. If permission 0 given to prep y freight and charge separately, the original freight bill must accompany inveiw. Additional charges for packing will not be accepted. Shipment Disuce. Where manufacturers have distributing points in various patts of the country, shipment is expected from the nwresl distribution point to desbution, and excess (might will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall p.am nr sellers sole cast all necessary permits, certificates and licenses requital by all applicable laws, regulainns, ordinanres and rules ofthe state, municipality, temmry or political subdivision where be work is performed, or required by any other duly constituted public authority havingjurisdiction over the work of vendor. Seller fuller agrees in hold the City of Fort Collins Noun ecs f and opined all liability and loss incurred by them by mason of an assured or esublibd violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties or this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bill said parties. LIMITATION OF TERMS. This Purchase Order expressly limits ace,;. a the terms and conditions smrd heroin set forth and any supplementary or additional man and conditions wnexed hereto in incorpoatd herein by reRrenec. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASL ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to omve oa your promised delivery date as noted. Time is of the womme. Delivery anJ pert steer most be (fleeted within the time surd on the parchau order and the documents attached hereto. No aces of the Landlubbers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and bolding the Seller liable for damages HOweve, the Seller shall not be liable for damages as a result of delays due to causes not reassembly foreseeable which are beyond its reasonable control and without its fault of negligence, such new fGm, acts of civil or military authorities, gevemmerml pdontirs. Gres, strikes, Rood, epidemics, wars of mas provided that notice of the codniom causing such delay is given a 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 rcamn of the delay. 3. WARRANTY. The Seller wmrenrs that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples arrNm other descriptions given, will be fl for the purposes smelled, and performed with the highest degree of care and camper. in acceadmce with accepted sandards far weak of a imilar nature. The Seller agrees ro hold the purchaser harmless Wm any loss, damage or expense which the Purchaser may suffer Or incur on account of the Sellers breach of warranty. the Seller shall replace, repair or make goad, without cunt to the purchaser, any defects or faults wising within one (U year or within such longer proud of time as may be prescribed by law or by the terns army applicable warranty provided by the Seller after the date of acceptance often goods famished heecuWer (acceptance toot to be unreasonably delayed), mulling fmm impart t or defective wank done or materials burnished by the Seller. Acceptance m nse of grad by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability, hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofproits or loss of use. NO IMPLIED 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. CHANGES IN COMMERCIAL TERMS. The Pumhaser may make any changes to the toms, other than legal temp. including additions to or delelions fiver the quantities originally ordered in the specifications or drawings, by verbal or women change order. If my such change alle des the amount due or Ne time of performance foremast, an equ ubleadjustment shall be made. 6. TERMINATIONS. The Purebas may at any rime by omen change order, terminate this agmement as to any or all portions of the good men not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall Out be liable for my claims for anticipated prefer On the ancomPled portion office good andror work, for incidental or consequential damages, and that no such w1juhtment be made b favor of the Seller with respect to any good which ate the Sella standard sock. No such termination shall relieve Law Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjusmem must be asserted within thirty (30) days fmm the date the change Or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants (list all goads sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject The Seller shall execute and deliver such docum um as may be requiM as effect or evidence compliance. All laws and regulafiom required an be ncoryorand in agreements of this chow" are hereby imbricated herein by this ref nce. The Seller agrees to indemnify and hold be Purchase harmless from all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither putty shall assign, transfer, or convey this order, or any monies due or to became, due hereuMer without the prior warren combat oftte other panty. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchase for all equipment, materials, and items famished in perfmmance of this agreement free and clear of my and all lien, resnictiom, remissions, security interest ancuraft.-and claims ofothers. 11. NONWAIVER. Failure of the Purchaser to insist upon 4frle performance of the terms and conditions hereof, failure or delay ro y rights m mmedies provided herein may law, failure m promptly notify the Seller in the event of a breach, anthe acceptance Ofor payment for goods hereunder or approval ofthe design, shall nor release 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 strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, Our shall my purported oral modification or rescission of this purchase order by the Purchase optimum, as a waiver of any of Ne mans nercor. 12. ASSIGNMENT OF ANTITRUST CLAIMS - Seller and the Purchase, recognize that in actual eve omic practice, surcharges, resulting from initiated violations are in fact home by the Purchase. Theremforeeventual, good cause and as consideration for executing his purchase order, the Seller hereby assigns to the purchases any all all claims it may now have or hereafter acquired under (Weal or sure antitrust laws for such overchmges testing an the particular goods or services purchased or acquired by the Forchuer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to b<agreed upon by the Purchaser and be Seller, and the Seller thereafter indicates its Nubility or unwilllumess m comply, the, Purchaser may cause the work to be recommit by the most expNirious mean available to it, and He Seller shall pay all casts assovlatd with such work. The Seller shall release the Purchaser and its mntmemrs of any tier from all liability, and claims of any nature remking firms be performance of such work. This coterie shall apply even in the event of fault of oogligence of the Parry releescd and shall extend to the direcmrs, officers end employees of such parry. The Seller's cpnUacm:d obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfomnd or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is (gaud It sex any design, device, material or process covered by leter, patent, mormad copyright the Seller shall indemnify and save hamilus the Purchaser from any and all claims for infringement by reason fifth, rue 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 Ime obliged to pay by reason of such in fingene,nt at any time during the prosecution or after the completion of the work. In case mid equipmenl, or my pan thereof or the intended use of the good, is in such suit held to constitute infringement and this pre, of said equipment or pan is enjoined, the Seller shall, at its owe (sperm( and at in option, cubic procure far, the Purchaser the right m continue using said cluipmem or pans, replace the same with substannally equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insohent or barkmpr, rake an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or busimrs, this order may forthwith be roweled by the Purchase without liability. 16. GOVERNING LAW. The definitions of terns used w the interpretation oflhe agreement and the rights i f all parties; heremder shall be comuued under and gowmed by the laws of the Sum ofColeado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hercmder, including the services creepers ReDmardaive(s), On the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work ad Sellers awn risk until the come is fully completed and accepted, and shall, in u or any accident, devoumion or injury N the work and/or materials before Sellers final completion all accrymnce, complete the work at Seller's own expense and an the satisfaction of the Pumhuer. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload store and handle same at the site and become responsible therefor as though such matedAa and/or equipment were being fmnishad briar Seller undo the order. 18. INSURANCE. Th, Seller shall, 0 his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the suite in which the work is to be door. The Seller shall also carry comprehensive gcneml liability including, bur nor limited W. contactual and automobile public liability insurance with bdily i jury am death limits of at least 5300.000 for my true person. S500.000 far my one critical all property damage limit per accident of S500,000. The Seller shall likewise require his contraclons, if any. to Provide for such compensation and insurance. Before any of the Steers or his wntmcmr, employees shall do my work upon the premises of others, the Seller shall famish the Purchaser wit a certificate that $rich compensation and inswasom have been provided. Such ecrtificams shall sp.city the date when such ompensation and insurance have been provided. Such certificates shall specify be date when such compensation and rnsureace expires. The Seller agrees that such comperesatinn and insurance shall be mainminW until after the entice work is completed all accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and AI damage, loss or injury of any kind or nature whosoever to Persons or property caused by or resulting from the execution of the work provided for in this purchwse order or in convection hetcwith. The Seller will iMemnify all hold harmless the Purchaser ad any cr all of the Purchasers officers, agents arri employees fmm and apical any and all claims, losm losses. daages. harges or expenses, whether direct or indirect, and whether o persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or defvuh oa the Now of the Seller, any of his courfctem, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchase, or is oRcars, agents or employees at any time sea account or by reason of my act, anion, neglect, emission or default of he Seller of my Of his contrmlors or any of its ea their officers, agents or employers as aforesaid, Use Seller hereby agrees m assume the defense greater all to defend the come at the Sellers own expense, to pay any and all ass, charges, atsemeys fees and chat a imusas, any and all judgments that may be incurred by or obtained against the Purchasar or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained against the property ofthe Purchase, or said Parties in or as a result of such suits or other proceedings, the Seller will at once mesa he same to be dissolved and disclorgd by giving bored or otherwise. The Seller and his contractors shall take all safety pricoulions, famish and small all guard necessary for he pmention of accidents, comply with all lees and regulations with regard to safety including, but without limiation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued premium thereto. Revised 072014