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HomeMy WebLinkAbout436804 A-TRAIN MARKETING COMMUNICATIONS INC - PURCHASE ORDER - 9136822 (2)Fort Collins Date: 12/01/2014 PURCHASE ORDER Vendor: 436804 Ship To: A -TRAIN MARKETING COMMUNICATIONS INC 125 S HOWES ST SUITE 502 FORT COLLINS CO 80521 PO Number Page 9136822 1of2 This number must appear on all invoices, packing slips and labels. CITY MANAGER CITY OF FORT COLLINS 300 LAPORTE AVE CITY HALL WEST - 1ST FLOOR FORT COLLINS CO 80521 Delivery Date: 12/20/2013 Buyer: ED BONNETTE Note: PER RFP 7572 AWARD & CONTRACT TO A -TRAIN MARKETING. Line Description Quantity UOM Ordered Unit Price Extended Price a Addendum PO #9136822 1 LOT EA 14,643.00 Work Order #4 (req 48727) 5 Addendum PO #9136822 1 LOT EA 17,250.00 Work Order #7 (req 48725) 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 Total 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. COMMERCIALDEFAILS. Tax exemptions, By statute the City OfFort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-60W587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be retumd to you far credit and are not to be replaced except upon receipt of wnnen instructions fmm the City Affront Collins. Inspeetion. GOODS are subject to the City of Fon Collins inspection on amval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in amhmiuJ payment on the pan of the City of Fon Collins. However, it is ro be understand that FINAL ACCEPTANCE is dependent upon completion of all applicable required impection procedures. Freight Teens. Shipments most be F.O.B., City of Fon Collins, 900 Wood St,, Fan Collins, CO 80522, unless otherwise specified on this order. Hpermission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not ho accepted. Shipment Distance. Where manufacturers have distributing points in various pares of the country, shipment is expected tram the nearest distribution point to destination, and excess freight will be deducted firm Invoice when shipments am made from greater distanra Permits. Seller shall procure at sellers sole cost sit mumasary, permits, certificates and licences required by all applicable laws, regulations, wi inwces am males of the state, municipality, mmmry w palife ] subdivision where the work is performed, or required by my other duly constituted public authority having jundiction over the work of vendor. Seller harder agrees to hold the City of Fart Collins harmless from and against all liability and loss recurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, males .it requirements. Authorization. All parties to this contract agree that the representatives we, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the firms and conditions staid herein set fork and any supplementary or additional terms and conditions annexd hereto or incorporated herein by reference. Any additional or different tams and <wast proposed by seller art object i to and hereby rejared. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promise) delivery date as noted. Time is of the .cent. Delivery rid p,f.mance mat ho effected within the time slated on the purchase ode and the documents coached hereto. No acts of the Purchasers including, without limitation, acceptance officinal late delivenes, shall operate as a waiver of this provision In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, Ne option ofplacing this order elsewhere word holding the Scller liable for damages. However, the Seller shall not to liable fur damages a a moth of delays due to causes not rationality foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGnd, acts ofcivil or military authorities, governmentst priorities, fares, strikes, Bond, epidemic, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ot'the time when dire Seller first received knowleJge thereof. In the event of coy such delay, the date of delivery shall be extended for she period equal to the now actwlly last by remain ofNe delay. 3. WARRANTY. The Seller warrants than all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will ho fit for the purposes intended, and performed wish the high. degree of cart and e.mpateme in accordance with aceeptd standards for work of it similar nature. The Seller agrees to hold she purchaser harmless from coy lass, damage or expense which the Pwchmer may suffer or incur on account of the Sellers breach of warcenry. The Scller shall replace, repair or make goad, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe presmibcd by law or by the terms of any applicable warranty provided by the Seller after the date of wcepann of the goods fumashd hereunder (accaptwn rest to ben unreasonably delayed), resulting fmm imperf t or defective work done or materials famished by the Sell,. Acceptance or use of good by the Purchaser shall not constitute a waiver of coy claim under This wmmnty. Except in 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 wannmies or guerverss, but uch liability shall in no event include loss of profits or loss of me. 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 wnnen change order. 5. CHANGES IN COhCdERCIAL TERMS. The Purchaser may make any changes to the more, other than legal team, including additions to or deletions from the quantities originally ordered in the specilicmions or drawings, by verbal or written change order. If any such change affects the amount due or due time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change aide, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Pumhaur shall not be liable for any claims for anticipated profits on the uncompleted Portion of the good and/or work, for incidental or consequential damages, ard that an such adjustment be twice in favor of the Seller with resister to any goods which are the Sellers mankind stock. No such termiation shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for enjustment meet be asserted within thin, (30) days firm the data she change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller warrants for all good sold hereunder shall have been produced, sold, delivered and fumishul in strict compliance with all applicable [awa and regulations to which the goods are subject. The Seller shill execute and deliver such documents to may be required ,o effect or evidence compliance. All laws cad regular.. required,. ho incorporated in agreements of this cherad, are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all cows and damages suffered by the Purchaer as a remit of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pray shall assign, transfer, or convey this oiler, or any monies due or to became due hereunder without the prior wnnen cmtsent of the other worry. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fmisheC in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof, failure or delay t. excmise any rights err remedies provided herein or by law, failure to promptly rwtify the Seller in the event of a Ismaili, Ne acceptance of., payment for goods hereunder or approval of the design, shall at release the Seller of any of We wammia Or obligmiom of this purchase order and shall not bo deemed a waiver of any right of the Purchaser to insist upon strict performance hereof., any of its nghts or munches as to any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoned am modification or rescission of this purchase under by the Purchaser operate a a waiver of any of the terns here.,. 12. ASSIGNM ENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharge; resulting from antionst violations are in fact home by the Purchaser. Theretofore for good cause and as consideration for executing this purchase order, the Seller hereby, assigns to the pmchwsn my and MI claims it may now have or hereafter acquired under fdeml or state warrant laws for such overcharges relating in the particular goods or services purchased or acquired by the Purchaser pursuant on this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifshe Purchaser direcss the Seller to correct nonconforming or defective goods by a date,. be agreed upon by the Purehas, and the Seller, cad the Seller thereafter indicates its inability or unwillingness,. comply, the Purchaser may cause the work to be performed by the most expeditions means mailable to it, and the Seller shall pay all costs sco mted with such work. The Seller shall ml. the Purchaser and its eon .. of any tin from all liability and claims of any nature resulting from the performance fsuch work. This release shall apply even in the event of fault of negligence of the party reload and shall extend to the directors, officers and employees ofsuch party. The Sellers contractual oldwaions, including warranty, shall not be decmd to be educed, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wheii the Seller is required to use any design, device, mammal art process covered by line,, patent, trademark or copyright, the Scher shall indemnify and save harmless the Puncheon fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, put 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 prosecmion or all. the compinion of the work. In eau said equipment, or any pan Nermf or the intended use of the goads, is in such suit held to constitute infringement and the we of said equipment or pan is enjoined, rise Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or puns, replace the same with substantially equal but noninGanging equipment, or modify it so it becomes noninfneging. 15. INSOLVENCY. If the Seller shall become insolvent or bunomn. make an assignment for the benefit of creditors, affair, a receiver or trustee for any of the Sellers pmpery art business, this order may forthwith be canceled by Ne Pmchaer without liabiliy, 16. GOVERNMG LAW. The definitions of teens used or the interpretation ofthe agreement and the rights of all parties hwcum]m shall be un med under and governed by the laws of the State ofColondo, USA. The following Additional Conditions apply only N cans where Ind Seller is to perform work hereunder, includingthe servi e, fSellers Rewescroadoe(s), m the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllds own risk =mil the same is fully compind and accepted, ard sholl, in eve of any w6dem, desuvctim or injury m the work anchor mmeriaB before Sellers final completion surd acceptance, complete the work it, Sellers own exfease, and to the satisfacliou of the Purchaser. When materials and equipment we fumshed by others for installation w interim by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials ender equipment were being fimishd by the Seller order the miler. 18. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compamatim, including occupational disease bcnefis, to its employees employed on or in corm edon with the work covered by Nis purchase ode, mdtor m their dependents in accordance with the laws of the state in which the work as in be done. The Sella shall also any comprehensive general liability including, bur not limited in, Contractual and automobile public liability insurance with bodily injury and death limits of at least S30i for my one Person, 5500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require has contractors, if any, to provide for such compertion and insurance. Before any of the Sellers or has contractors employees shoot do any work upon the premises of Others, the Seller shall famish the Pemhun with a certificate that such compensation and insurance have been provided. Such cenifcates shall specify de date when such compensation and insurance hive been provided. Such certificates shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and income shall be maintained wail after the entire work s completed and accepted. 19. PROTECTION AGAMST ACCIDENTS AND DAMAGES. The Seller hereby nssumats the entire responsibility and liability fen any and all damage, loss or injury of any kind wituwhatsoever in parswi aor property caused by or resulting from Re execmlion ofthe work provided for in this purchase Order or in mwenion herewith. The Sever will indemnify and hold harmless the Purebaer wad any or all of the Pembawo, otlicm, agents and employees from and against coy and call claims, lasso, 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 any act, action, neglect, omission or default on the pan ofNe Seller, any of his ontmmors, Or any of the Sellers or contractors officers, agents or employees. In cac any suit or other praeediugs shall be brought against the Purchases, Or its officers, agents or employees at my time on account or by reason of any act, action, an[.,, omission or default of the Seller of my of his encomiums or coy of its of their officers, agents or employees as aforesaid, the Seller hereby agrees in assume the defense Hereof and to defend the same at the Sellers own expense, to pay any and all rmss, charges, attorneys fees and other expenses, my and MI judgments Wert may ho incurred by or obtaired against the Purchaser Or my of its err Nair officers, agent or employees or such a=is Or other prmeedmgs, and in pas judgment or other him be placed upon or obtained against Ne property of the Proclaim, or said parties in or as a result of such suis or other proceedings, the Seller will at once cause the same f ho dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall mine all safety previsions, fmish and issOdl all guards necessary for the prevention of accidents, comply with all laws and regulations with regard W safety including, but without limitation, the Ompational Safety wed Health Act of 1970 and all roles and regulations ismd punning therero. Revised 07=4