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HomeMy WebLinkAbout134029 ALPHAGRAPHICS - PURCHASE ORDER - 3215167PURCHASE ORDER PO Number Page CI�/ of PURCHASE 3215167 1012 ' `t ( �I olI I„s This number must appear ` 1 1 on all invoices, packing slips and labels. Date: 01/12/2015 Vendor: 134029 Ship To: WATER UTILITIES ALPHAGRAPHICS CITY OF FORT COLLINS 5803 LOCKHEED AVE 700 WOOD ST LOVELAND CO 80538 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 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 2015 Blanket PO 1 LOT LS 4,000.00 Printing 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 I. COMMERCIALDETAILS. Tax exemptions. By statute the City effort Collins is exempt from State and local but Our Exemption Number is 11, NONWAIVER 98-04502, Federal Excise Tax Exemption Cenifitme of Registry 94-600058E is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and condeions hertof, (alum or delay m Internal Revenue, Denver, Colorado (Rd.. Colorado Revised Stories 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, falure to promptly notify the Seller in she event of a breach, me acceptance of or payment for goods hereunder or approval of she design, shall not release the Seller of Goods Rejected. GOODS REIECIED due to failure 0 meet specification, either who shipped or due to defer of any of the wemantiny or obligations of this purrhaze order and shill nor be deemed a waiver of any tight of me damage in martsis, may be, resumed to you for credit and are sot to be replaced except upon receipt of written Purchaser to insist upon strict performance hereafor any of is rights w o medics as to any such goods. regardless mstrunios from the Cory of Too Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waver of any of me terms Impaction. GOODS are subject to the City of Fort Collins inspection on arrival. herrof Final Acceptance. Receipt of the merchandise, servicus or equipment in response to this order can resWs in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorind payment on she pan of the City of Fort Collins. However, it is to be understood mat FINAL Seller and the Purchaer recognize that in actual economicconstruct practice, overcharges resulting from sitrust ACCEPTANCE is dependent upon completion ofell applicable required inspection procedures. violations are in fan home by she Purchaser .Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to she Purchaser my and all clams it may now have or hereafter Freight Terms. Shipments must be F O B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522. unless acquired order federal or state antitrust laws for such overcharges relining m the panicWar goads or services otherwise specified on this order. If pminmeain is given to prepay freight and charge separately, she original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for backing will now be accepted. Shipment Distance. Where manufacturers have distributing points in various parrs of the monsry, shipment is expected from the nearess dosvlbuuon point to destination and excess freight will be deducted from Invoice when shipments are made from greater dossance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and mIes of she state, municipallry, immus, or political subdivision where the work is performed, or required by any other duly committed public maturity hawing jurisdiction over the work of ymdor. Seller further agrees to hold she City of Fort Collins hamdmer from and against ell liability and loss incurred by them by reason of an wsened or established violation of any such laws. regulations, ordinances, pules and requirements. Authoritarian. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete adonry to bind said longer. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to she terms and conditions sated herein set form and any supplementary or additional terms and conditions annexed hereto or in ormot ad herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediarely if yeti cannot make complete shipment to arrive m your promised delivery date as noted. Time is ofthe essence. Delivery and performance must be effected within she time stated on she purchase order and the documents coached hereto. No acts of he Purchasers including, wishing limitation,acceptanceofpaN latedeliveries,shaloperatewawaiverofthisprovision. Insheeventofanydelay, the Purchaser shall have, in addition to other legal and equitable remedies, she option of placing this order elsewhere and holding the Seller liable far damages. Hovey, the Seller shell not be liable fir damages as is ormh of delays due to causes not reasonably foreseeable which are beyond its reasonable moral and washout its fault of negligence, such acts of God, acts of civil or military authorities, pwmmentd priorities, tires, strikes, food epidemics, oars or nets provided net notice of no conditions causing such delay is given to me Purchaser within five (5) days of the time when me Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the whod equal to the time mostly lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform wish applicable dawirs , specifications, surplus and/or other description given, will he fit for she purposes intended. and Performed with me highest degrx of care and competence in accordance wish awepted standard for work of a imllar nature. The Seller agrees to hold the purchaser harmless form my loss, damage or expense which she Purchaser may suffer or incur on account of the Sellers breach of wananry. The Seller shall replace, repair or make good, without cost to the purchases, my defects or faults wising within one (1) year or within such longer period of time as may be, prescribed by law or by she terms of any applicable warrrnry provided by me Seller after she date of acceptance of she good (umished hereunder (acceptance not to be, wreasonably delayed), resulting from imperfect or defective work done or mammas furnished by she Seller. Acceptance or use of good by the Pirchaur shill not constitute a waiver of my claim under des warranty. Except as otherwise provided in mis purchase order, the Sellers liability hereunder shall extend to all damages prceimawly caused by the breach of any of me foregoing warrants es or guarantees, bus such liability slid[ in no event include loss of profits or loss of use. NO IMPLIED W ARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terra by no. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes /o she corms, other than legs terms, including additi or &teas ns from the quaram, originally ordered in thespecifications or drawings, by verbal or woman change order If my such change affects me amount due or the time ofpertrmmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may in any time by women change order, terminate this agreement as to my or all pinions of she good then not shipped, subject to my equitable adjumnem between the panius as to my work or maeras men in progress provided that the Purchaser shall not be liable for any clams for anticipated profits on the uncompleted Portion if she goad similar work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with raper, to any Good which arc the Sellers standard stock. No such rerminasion shill relieve she Purchaser or the Seller of any of their obligations w to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be wormed within thirty (30) days from the date me change or torminamon is order i 8. COMPLIANCE WITH LAW, The Seller warrants mat all goods sold hereunder shall have been produced, sold delivered and famished on stria compliance with all applicable laws and regulations to which she goods are subject. The Seller shall execute and deliver such documents n may be required to effect or evidence compliance. All laws and regulations required to be unconsecrated in agreements of this character are hereby inwryom,ed herein by this reference. The Seller agrees so indemnify and hold the Problems harmless from ON costs and damages suffered by she Purchaser as a result of she Sellers failure to comply with such law. 9. ASSIGNMENT', Neither parry shall assign, start or wavry this order, or my moans due or w become due hereunder winow she prior women constant of she other parry. 10, TITLE. The Seller warms fdI. clear and unrestricted title to me Purchaser for dl equipment grounds. and items furnished in pertrmmce of this agreement free and clear of my and ail liens, restrictions ruservztions, secunry interest encumbrances and clams ifoshers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If me Purchaser directs she Seller to correct nonconforming or defective Sands by a date to be agreed upon by the Purchaser and the Seller, and me Seller thereafter indicates its inability or unwillingness in comply, she Purchaser may cause the work to be pert owed by the moss se,cal tins means .vahable to it and the Seller shall pry all wan associated with such work. The Seller shall release the Purchaser and its contractors of my her from all liability and clams of any nature resulting from the performance of such work. This release shall apply even on the event of fault of negligence of she parry released and shill extend so me amounts, officers and employees of such parry. The Sellers committed obligations, including warrmry, shall not be deemed an be reduced in any way, because such work is performed or caused on be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark r copyright, me Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such p stemed design, device, maronal or process in commotion with the contract, and shall indemnify she Purchaxr for any cart, expense or damage which it may be obliged to Pay by reason of such infringement at any time during she prosecution or after the completion of the work. In cue said equipment, or any pan foomf or the intended use of the goods, is in such suit held to constitute infringement and me use of said equipment or part is enjoined, me Seller shall, at its own expense and at its option, inner procure for the Purchaser she right to continue using and mwpmmt or pans, replace she same win subomuelly equal but coordinaging se wpmmt or modify it so it becomes namnfdng rig. IS.INSOLVENCY. If the Seller shill become insolvent or bankrupt make an assignment for me benefit of creditors, appoint a receiver or trustee for my of me Sellers property or business, mis order may foMwin be canceled by me Purchaser without liability. 16. GOVERNING LAW. The defnitions of temrs used or she interyromon of she agreement and me rights of all parties hereunder shall be continued under and gavemed by she laws of she State of Colorado, USA The following Additional Constructor at only in cases where she Seller is to perform work he®mdea including she services of Sellers Representatively, on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work se Sellers own risk until the same is fully completed and promised, and shall. in use of my accident, destruction or injury to she work and/or metends before Sellers f el completion and mceptance, complete the work at Sellers own expense and to me confusion of the Purchaser. When mrerias and equipment are famished by others for installation or erection by the Seller, me Seller shall receive, unload, scare and handle same m me rim and became responsible therefor as though such materials and/or equipment were being furnished by she Seller under she 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 wish she work covered by this purebsse order, and/or to their dependence in accordance with me laws of she stare in which the work is to be done. The Seller shill also carry comprehensive general liability including. but not limited w, canm ortual and automobile public liability insurance win bodily injury and death limits of so least 1300.000 for any one person, E500,000 for my one accident and property damage limit per accident of 5400.000. The Seller seal likewise require his contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon she prarnises of others, the Seller shall furnish the Purchaser with a cenifcoe that such wmpensarm n and ioaurance have bent provided. Sack eatifedes shill specify the dace when zum compensation and insurance have been provided. Such curt fic res shell specify the doe when surly compensation and insurance expires. The Seller agrees that such compensation and insurance shall be manswned until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the retire responsibi liry and liability for any and ell damage, lessor injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless she Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all clams, losses, damage, charges or expenses, whether direct or indirect and whether to graaa or pmperry to which she Purchaser may M put or subject by reason of my wt. action, neglect omission or default on the pan of she Seller, my of his contractors, or my of she Sellers or conoacwrs officers, agents or employees. In case my suit or other pmrrodar, s shall be brought against he Purchaser, or its officers, agentsor employees at my time on account or by reason of my act anion, neglect, omission or default of she Seller of any of his contractors it my of its or their officers, atones or employees as aforesaid. the Seller hereby agrees w assume me defense thereof and so defend the same in the Sellers own separate, 0 pay my and ell casts, charges, moneys fees and other expenses, any and ail judgments that may be incurred by or obtained against she Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obsaned against she property if the Nechazer, or said forms in or as a resin ofsuch suits or other proceedings. she Seller will a, once cause she same to be dissolved and discharged by &wing bond or otherwise. The Seller and his wnpmwrs teal take all safety precautions, furnish and instal al guard necessary for the prevention of accidents, comply with al laws and regulations with regard to safety including, but without limitation, she Occupational Safety and Health Act of 1970 and at miles and regulations Issued pursuant thereto. Revised Vn,314