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HomeMy WebLinkAbout237530 COLOR PRO PRINTING OF COLORADO - PURCHASE ORDER - 3215189PO PURCHASE ORDER 321518er Page City of PURCHASE 3215189 1012 Flirt Con all invoices, must appear ,�V`_i ` Collins` on all invoices, packing �slips and labels. Date: 0111212015 Vendor: 237530 COLOR PRO PRINTING OF COLORADO 2415 E MULBERRY SUITE 7 FORT COLLINS CO 80524 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buver: 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 1 2015 Blanket PO Advertisement 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@Ifcgov.com 1 LOT LS 40,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rm Page 2 of 2 I. COMMERCIAL DETAILS. Taxecard,werst. By summ the Ciry of Fon Collins is exempt from sate and local razes. Our Exemption Number is 98-04502. Famal Excise Tax Exemption Cmifcam of Registry 84-6000597 is registered with the Collector of li metal Revenue, Drover, 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 remmed to you for credit and are cot to be replaced except upon receipt of written instructions from the City of Fon Collins. Inspection. GOODS are subject o the City of Fan Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can esull in amhonmed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments mum be F O.B. City of Fon Collins, 700 Wood St, Fan Collins, CO 80522, orlus otherwise specified on this order. If permission is giym to prepay freight and charge separately, the original freight bill must accompany invoice_ Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various, pans of the country, shipment is expected from the nearest distribution point to cambial and excess freight will be deducted from Invoice when shipments are made (mat greater distance. Permits. Seller shall procure at sellers sole con all id umry permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly cormitated public authority hAnngjurisdiction over the work of vendor. Seller funkier agrees to hold the City of Fan Collins harmless from and against all liability and loss raincurred by them by ason of an riveted or established violation of any such laws, regulations, ordinances, rvles idsremcwtamenu. Amhmiamion. All parties to this contract agree that the representatives are, 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 terns and conditions mated herein set forth and any suppletnenmry or additional tames and conditions annexed herein or incorporated herein by reference. Any additional or different ems and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on yew promised delivery date m noted. Time is of the essence. Delivery add performance most be effected within the time awed on the purchase order and the documents attached herein. No acts of the Purchasers including, w+thout limitation, acceptance of paoal late delivmes, shall opeme w a waver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Seller shill not be liable for damages as a result of delays due an causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military aothodties governmental priorities, firm, strikes flood, epidemics wars or oats provided that notice of the conditions causing such delay is given w she Purchaser within five (5) days of rise time when she Seller first received knowledge thereof In the event of any such delay, the date of delivery shill be extended for the period equal Or the date actually lost by remain of me delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be It for the purposes intended. and peformed with the highest degree of care and competence in accordance with azcepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or improve which the Purchaser may suffer or incur on account of the Sellers breach of warrant, The Seller shall replace, repair or make good, without cost be the purchaser, any defects Or faults arising within one (1) year or within such longer period of time as may be prescnbed by law or by the terms of any applicable warranty provided by the Seller after the data of acceptance of the goods furnished hereunder (acceptance tint to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim order this weranry. Except as otherwise provided in this pwchme order, the Sellers liability hereunder shall extend mall damages proximately caused by the breach of any of the foregoing warantim or guarantees, bat such liability shall in no event include loss of profits 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 mates by Milan charge order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from me quantities origin idly ordered in the Vocificurons or drawings, by verbal or winder change order. If any such change afficas the amount due or the time of perfomance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by women change order, moddrode this agreement as to any or all manors of the good then not shipped, subject to any equitable adjustment between the parties as w any work or materials then in progress provided that the Purchaser shill not be liable for any claims for anticipated profits on the uncompleted pared of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with import to any goods which m the Sellers standard stock. No such mmwousn shill relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller werants the all good sold hereunder shall have been produced, sold, delivered and furnished in nrict compliance with all applicable laws and regulations w which the goods are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be ncorporated in agreements of this character are hereby incoryommd herein by this reference. The Seller agrees in indemnify and hold the purchaser harmless from all costs and damages suffered by the Purchaser m a result of the Sellers failure m comply with such law. 9. ASSIGNMENT Neither parry shall cosign, transfer, or convey this order, or any monies due or to become due hereunder without the prior writer consent of the other party. to, TITLE. The Seller warrants full, clew and unrestricted ode to the Purchaser for all equipment materials, and items furnished in perfbmteo<e of this agreement free and clear of any and ell liens, rmWetions, reservations, security interest encumbrances end cluims of others. 11. NONWAIVER. Fdlure of the Purchaser to insist upon sonet performance of the terms and conditions harm( failure or delay to ervervirse any rights or remedies provided herein 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 of the design, shall not rel cue 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, nor shall any purported oral modification or rescission of this purchase order by the Purchaser oMme as a wwva of any of the temps hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recopme, that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore for goad cause and a consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and ill claims it may now have or hereafter acquired under federal or pare anttust laws for such overcharges relating ro the particular goods or services purchased or acquired by me Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller w writer nonconforming or defective good by a date in be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may, cause the work be be performed by the most a yedumers means asalable to it and the Seller shill pay all costs asocimed with such work. The Seller shall release the Purchaser and its adimetors Of any tier from all liability and 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 parry released and shall extend to the duration, off cars and employees of such parry. The Seller's contractual obligations, including vowed , shall not be deemed to be reduced, in any way, because such work is performed or caused to Ix, performed by the Purchaser. 14. PATENTS. W'hmever the Seller is required to use any design, device, material or process covered by laser. patent trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGt rgement by reason of the use of such patented design, device, material or process in connection width the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at arty time during the prosecution or after the completion of the work. In case said equipment or any pan thereof or the intended use of the good, is in such suit held to common a infringement and the use of said equipment or pan is enjoined, the Sella shall, ar in own eyed, and at its option, either procure for the Pwchazm the right in continue using said equipment or parts, replace the same with substantially equal but doninfringing equipment or modify it se it becomes noninftinging. 15. INSOLVENCY. If the Seller shill become insolvent or bwkmpL make an assignment for the benefit of creditors, appoint a reveriver or trainee for any of the Sellers property, or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in case where the Seller is to perform work hereunder. including the services of Sellers Rep ssenturvam, on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall may on said work at Sellers own risk until the same is fWly completed and accepted and shall, in use of any accident, destmction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and w the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, rise Seller shall receive, orlom, store and handle same at the site and become responsible therefor as tough such materials and/or equipment were being famished by the Sella Order the order. 18 INSURANCE. The Seiler shall, in his own expanse, provide for the payment of workers compensation, including occupxtioral disease benefits, to its employees employed on or in wardroom with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the stare in which the work is to be done. The Seller shall also carry comprehensive general lisome including, but not limited w, contractual and automobile public liability insarmce with bodily injury and death limits of at teat 5300,000 for any one Person, 5500,000 for any one accident and property damage limit per arcident of g4Bo,Boo. The Seller shill likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shill famish the Purcldear with a catificare Nat such compensation and insurance have been provided. Such certificates shall specify the date ohm such compensation and insurance have been provided. Such cenificates shall specify the date ohm such compensation and Insurance expires. The Seller agrees lost such compensation and insurance shall be maintained until after the more work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the more responsibility and liability for any and all damage, loss or injury of dry kind or nature whatsoever to persons or property caused by or retain ng from the execution of the work provided for in this purchase order or in connection herewith The Seller will indemnify and hold harmless the Purchaser and any or 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 any arm, suction. meglem, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or amplayem. In case any suit or drum proceedings shall be brought against the Purchases or its of ten, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same an the Sellers own expanse, to pay any and all costs, charges, momays fees and other marrows, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their ofcas. agents or employees in such suits or other proceedings, and in cue judgment or other lim be placed upon or obtained against the property of the purchaser, or said parties in or as a result of such suits or other procomi ngs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ill safety precautions, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without lmommon, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursues, therein. Revised 0712014