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HomeMy WebLinkAbout117101 VISION GRAPHICS INC - PURCHASE ORDER - 9130629 (2)Fort Collins Date: 07/2912014 Vendor: 117101 VISION GRAPHICS INC 5610 BOEING DR LOVELAND CO 80538 PURCHASE ORDER PO Number Page 9130629 left This number must appear on all invoices, packing sli s and labels. Ship To: CITY OF FORT COLLINS P O BOX 580 FORT COLLINS CO 80522 Delivery Date: 07/28/2014 Buyer: DAVID CAREY 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 3 Addendum to add adtl funds per requisition 47760 1 LOT EA Final invoices to close out contract with Vision Graphics. Contract ended July 7, 2014 for these services. , 4 Addendum to add adtl funds per requisition 47760 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.mm Pay terms net 30 days 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. COMMERCIALDETArIS. Tax exemptions. By statute the City of Fon Collins isexemptfroot,coteand 1.1 firms. Our Exemption Numhr, is 11. NONWAIVER. 98-04503. Fndeml Excise Tax Exemption Certificate of Registry 84-6000587 is registered with line Collector, of Failure of the Purchaser b insist upon strict performance of thee terms and covdiriora thereof,ure failor delay 1. Insured Revenue, Denver, Colorado (Ref Colorado Revised Smwtes 1973. Chapter 39-36. 114 (a). exercise any rights or remedies provided heram m by law, failure to promptly notify the Seller in the event of a breach, the aeacme ce of or payment for Funds hereunder or approval of the design, shall not releae the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver, of my right of the damage in transit, may be roamed to you for credit and are not to he replaced except upon receipt of writer purchaser to insist upon strict performance hermfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser opeme as a waiver of any of the terms Inspection. GOODS one subject to the City of Pun Collins inspection on normal. hereof. Final Acceptance. Receipr of the merchandise, services or equipment in response to this order can result in 13. ASSIGNMENT' OF ANTITRUST CLAIMS. amhrriad payment on the pan of the City of Fon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognlm now in actual economic practice, overcharges resulting from antitrust rgood ACCEPTANCE is dependent upon completion of all applicable required Important procedures. violations arc in fact home by the Embracer.rohar. Theretoforefor cause and as cewideration for executing this purchase order, the Seller hereby assigns to the Purehrstt any and all claims it may now have or hereafter Freight Terms. Shipments most he F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80533, unless acquired under federal or mate antitrust laws for such overcharge reform as the particular goods or services otherwise specified on this order. If permission is given b prepay freight and charge separately, the anginal freight purchased or acquired by the Purcbxva pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will nor IS, accepted. 13, PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have dlndbming points in various pans of the main, Shipment is If the Puscoacer directs the Seller to correct nonconforming or defective Foods by a dare to lx agreed upon by the expected from the nearest distribution in, to dentin ors. and excess fna dr, will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all rush, .... shared with such work. Pentitx. Seller shall p.care at Sollars Sell, cost .11 necessary pits, ¢nificam, and licenses required by all applicable law, regulations, ordinmore, and mica of the state, municipality, unitary or political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any moor dalyconsd.ruled public authority having jurisdiction over the work resulting from the Performance of such work. of vendor. Seller further, agrees to hold he City of Fell Collins harmless from and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rates This release shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. directors, officers and employees of such party. Autlmdeutim. All partial m this canton .Free that the repreunt,lool, are, in fact bona fide and possess fall and The Se11e/s contractual obligations, including warranty, shall not be deemed to be reduced, in any way, bwaom complele authority to bind said parties. such work is performed or caused to be performed byte Purchaser. LIMITATION OF TERMS- This Pufchme Order expressly limits acceptance to the terms and conditions sorted herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 1. DELIVERY. PLEASE ADVISE PURCI IASING AGENT immediately if you cannot make mutilate shipment In arrive on yam promised delivery date as catch, Time is oflha essence. Delivery and performance must be effected within the time stated on the purchase order and the docamems attached herdo. No acts of the Purchasers including, witham limirnlion, neceptance of partial late that orres, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shill 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 res a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such is of God, acts of civil or military aulborhics, 6ovemmental priorities, fires, stakes, flood, epidemics, wars or riots provided felt notice of the conditions coming such delay is given to line Purchaser within five (5) days of the time when the Seller fault received knowledge thereof In the evem of any such delay, fie doe of delivery shall be extended for fre, period cousel to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goads, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be Ill far the purposes intended, and performed with the highest degree of care and temperance in accordance with accepted standards for work of a milar alum. The Seller agrees In hold the purchaser harmless fiom 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 good, without cost to the purchaser, any defects or faults sensing within one (I) year of within such longer period of time as may be paserlbed by law or by the toms of any applicable warattty provided by the Seller after the date of .ccepunce of the goods famished hereunder (acwpmnce nor to be unreasonably delayed), resulting from imperf t or defective work done or matemals furnished by the Seller. Acceptance or use of goods by the Promfor er shall sea onsitimre a waiver of any claim under this warmnry. Except w otherwise provided in this purchase order, the Sellers Iiabiliry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or gumamees. bar such Iiabiliry shall in no event include lass of profits c r loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pro, cheer may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes m the lama, other than legal terms, including addiouns to or deletions from Ibe ua lilies originally ordered in the specitiooions or drawings, by verbal or written change order If any such change aRects the amount title or the time of perfrmnnce hereunder, an equitable adjumnent shall be made. 6. TERMINATIONS. The Purchaser may at any time by written clunge order, lem,iwte this agreement m to any or all poni of the ndj goods then not shipped, subject to any equitable uVment between the panic m as to any work or ateriathan in progress provided that me Nodular shall not be liable for any claims for anticipated profits on the uncomplerrd portion cribs goads and/or work, for incidental or core ftential damages, and that rim such adjustment be made in favor of the Sella with respect to any good which are the Sellers standout stock. No such mrminerion shall relieve hie Purchaser or the Seller army of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days form the dte the change or termlratien is ordered. 8. COMPLIANCE WITH LAW. No, Seller wwrmns that all good sold hereunder shall have been produced, sold, delwarad and nourished in stria compliance with all applicable laws and regulations fa which the good one subject. The Seller shall ascent, and deliver such documents a may be required to effect or evidence compliance. All laws and reguatim, required 10 be incorporated in agreements of this character arc hereby increpc uted herein by this uference. The Seller agrees to indemnify and hold the Purchaser harmless from all rusts 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 outer, or any monies due or to become due hereunder without the prior concert consent afthe other party. I U. TITLE. The Seller warrants full, clear and unrestricted title to to Purchaser for all equipment, materials, and items Punished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofmhaw. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented change, device, material or process in connection with the contract, and shal I indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by reason of such infringement a1 any time during the p... real oo art after the completion of the work. In case said equipment, or any part thereof of the intended we of the goods, is in sad, our held 1h consbmte infringement and the .,a 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 using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes roninfringing. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt make an assignment for the benefit of creditors, appoint a orearovel art twtee for any of the Sellers property or business, this order may foMwith be canceled by the pumhaur witham Iiabiliry. 16. GOVERNING LAW. The definitions ofrerms aced m the imerpretmian of the agreement and the rights of all partial hereunder shall be construed under and gcommed by the laws ofthe Smte afCalorddo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represensinve(s), on the premises of cnccrs. 19. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is fully completed and accepted, and shall, in cave of any accident, destruction or injury to the work and or malerlah before Seller's final completion and acceptance, complete the work at Seliefs own expense and to the satisfaction of to Purchaser. Whin materials and equipment art famished by others for installation or erection by the Seller, the Sella shall receivh, unload, store end handle same at the site and became responsible therefor as though such machinists and/or equipment were being fumohed by to Sella under the order. 18. INSURANCE The Seller shall, at 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 oNer, and/or to their dependents in acwrdance with the laws of the state in which the work is to be done. The Seller shall also carry comprehemive general liability including, bur not limifal to, mntradual and m onrobile public unfunny y insurmea with bWily nmi, and death limits of ar fear, S300,005 for any one person, S500g1m For any one accident and property damage limit per accident of $400,000. 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 premises i f others, the Seller shall famish the Purc ear, with a ceni&ate ,hat such tempansmion and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the dote when such compersstion and insurance expires. The Seller agree that such compensation and irssusance shall be maintained until after the .line work is cumplaed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller family assumes the entire wepomibiliry and liability far eny and all damage, loss m injury ofany kind or wntre whatsoever m persom or property caused by or resulting from the execution of the work provided for in this purchase order or in commission herewith. The Seller will indemnify and hold homeless the Purchaser and any cr all of the Purchasers offcer , agents and employees from and mother any and all claims, losses, damage, harges or expenses, whether direct or indirect, end whether to persons or property to which the Purchaser may be put or su sera by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his rent r..In,,, or any of the Sellers or contractors officers, agents or employees. In case, any suit or other proceedings shall be brought against the Purchaser, or ill officers, agents or employees at any'late on account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees as afores,id, the Seller hereby agrees to assume the defense thereof and to defend the mine at the Sellers own expense, to pay any and all cosh, charges, atmmeys fees and other expenses, any and all judgments dual may be incurred by or obtained .got. to Purchaser or eery of its or their officers, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or obtained agaimt the property of the Purehaer, or Said panics in or res a result of such suits or other proceedings, to Sella will a1 arse cease the sane to be dissohed and disehofgnd by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all gwrd necemry for the prevention of accidents, comply with all laws and regulations wit regard to safety including• but without limitation, the Declinational Safety and Health Act of 1970 and all toles and ugulation, issued pmswnt tame. Revised 07f 014