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HomeMy WebLinkAbout102408 PIONEER PRESS OF GREELEY INC - PURCHASE ORDER - 3215251PURCHASE ORDER PO Number Page City Of^ 3215251 1012 This number must appea�r V ilins" on all invoices, packing �sllps and labels. Date: 01/12/2015 Vendor: 102408 PIONEER PRESS OF GREELEY INC 2965 27TH AVE GREELEY CO 80631-8531 Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 1 2015 Blanket PO 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@fogov.com 1 LOT LS 20,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 QUrcha6e Order Terms and Conditions Page 2of2 I. COMMERC1ALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is IL NONWAIVER, 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Intema Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Cooper 39-26, 114 (a). exercise any rights or remedies provided herein or by law, falure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Remand. GOODS REJECTED due to failure as meet specification, either wfim shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waver of any right of the damage in transit may be reproved to you for credit and are not to be replaced except upon receia, of wines. purchaser to insist upon strict performance hnoof or any of its rights m remedies as to any such goods, regardless htsmuctions ft. the City effort Collins. of when shipped received or mcep nt as to any prior or subsequent chr art hereunder, nor shall any pwparted oN modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tames Inspection. GOODS are subject to the City of For Collins inspection on amval. hermC Final Acceptance Receipt of the merchandise, services or equipment In response to this order can result In 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized paymem oa the pan of the City of Fort Collins. However, I, is or be understood that FINAL Seller and the Purchaser r¢mgnin that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and ace consideration for intimating this purchase order, the Seller hereby assigns to the Purchaser any and all clams it may now have or hereafter Freight Temps. Shipments most be F.O.B., City of Fort Collins, 7M Wood St, Fort Collins, CO 80522, males, acquired under federal or sum moment laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will trot be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have Estimating points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight 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 be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Peanuts. Seller shall pmcum at sellers sole cog all nervicarry permits, temperate, and licenses required by all applicable laws, regulations, mchnunces and tales of the same, municipairy, territory or political subdivision whom The Seller shall release the Purchaser and in contractors of my per from all liability and cutms of my nature Ise work is performed or required by my other duly constituted public audtonty having jurisdiction over the work resulting fmm the Permanence of such work. of vendor. Seller further agrees to hold the City of Fort Collins hamdess form and against all Ii miry and Ions incurred by them by reason of an sum med or established violation of my such laws, regulations, ordinances, roles This release shall apply even in the event or fault of negligence of the parry released and chal extend to the and iruiremants directors. officers and employees ofsuch parry. Authodvadon. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind sad parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sited herein set forth and any supplementary or additional moms and conditions amexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objmM to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGEM' immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents enacted hereto. No acts of the Purchasers including, without limitaioo, acceptmce of partia late deliveries, shal operate m a waver of this provision. In the even of any delay, the Purchaser shall 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 as a result of delays due to causes not reasonably foreseeable which are beyond in reasonable control and sedated in fault of negligence, such acts of God ace ofeivil or military audhorities, govermnenul priorities, fires, strikes, Rood ryidemim, wars or non provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time wTm 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 reason of the delay. 3, WARRANTY. The Seller warrants that all goods, ankles, mammals and work covered by this order will cartoon with applicable drawings, specifications, samples rocker other deranptions given, will he fit for the purposes intended and performed wish the highest degtt of care and competence in accordance with accepaM standards for work of a similar nature. The Seller agrees ro hold the purchaser harmless from my loss, damage or expense which the Pommasser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, ¢par or make good without cost to the purchaser, my defects or faults arising victim one (1) year or within such longer perod of time as may be prescribed by law or by me terms of my applicable warranty provided by the Seller after the date of acceptance of the goads famished hereunder (acceptance not 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 but constitute a waiver of my clam under this warreary. Except as otherwise provided in this purchase order, the Sellers Iiabiliry hereunder shall extend to all damages proximately tamed by the breach of my of the foregoing wumnties or guarantees, but such liability shall in no event include lass hprofits or loss or 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 tern¢ by cerium change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes or the terms, other then legal terms, including additions to or deletions from the quantities originally ordered m the macifirmions or drawings, by verbal or wrmen change order If any such change officers the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchases may er my time by wriest climge order, terminate this agreement my or al pone of the goods then not shipped, subject to my equitable adjustment between the parties an to my work or materials then in progress provided that the Purchaser shall not be liable for my clam for anticipated profits on the uncompleted potion of the goods anchor work, for incidental or consequential consists. and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT_ Any clam for adjustment mist be assured within dhiny (30) days from the date the change or uncommon is ordered. 8. COMPLIANCE WITH LAW, The Seller warmts that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such douments as may be required to effect or evidence compl Ina. All laws and regulations required to be corporated in agreements of this character are hereby incoporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless from all costs and damages suffered by the Purchaser as a result of the Sellers falure to comply with such law. 9_ ASSIGNMENT. Neither parry shill assign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wamnts bill. clear and unrestricted title to the Purchaser for aI equipment, mterias, and item famished in performance of Nis agreement, free and elm of any and all liens, restrictions, reservations, secume interest ancumbrances and clam of others. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, materal or process covered by letter, patent, mademark r mpyngh,, the Seller shall indemnify and sae hamdas the Purchaser from my and all clams for infringement by reason of the use or such parented design, device, material or process, in connection with the contract, and shall indemnify the Purchaser for my taxi «purse or coinage which it may be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case sad equipment, or my pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part 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 subxamally equal but noninfnnging equipment, or modify it so it becomes rroninfdnging. 15, INSOLVENCY. If the Seller shall become insolvent or bankrspt make an assignment for the bmeit of creditors, appoint a receiver or income for my of the Sellers property or business, this order may faMwith he counded by the Purchaser without liability, 16. GOVERNING LAW. The definitions of terms used or the imeryretadon of the agreement and the rights of all parties hereunder shall be competed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is so perform work haemdea including the services of Sellers Representmivgs), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work anchor no ends before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. Whm 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 materials anchor equipment were being fuovishM by the Seller under the order. 19. INSURANCE. The Seller shall, at his awn expense, provide for the payment of workers compensmion, including occupational disease benefits, to in employees employed on or in connection with the work covered by this purchase order, anchor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contrmtual and automobile public liability insurance wilt bodily imory and death limits of at least $300 000 for my one person. $500.000 for any one accident and properry damage limit per accident of S400,000. The Seller shall likewise require his if any, in provide for such compmmti or and insurance Before my of the Selers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate Nat such compensation and insurance have been provided. Such winfiwtes shall specify the dove when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shed be maintained unit after the entire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting form me execution of the work provided for in this purchase order or in correction herewith. The Seller will indemnify and hold happen the Purchaser and my or ill of the Purchasers oficers, agent and employees form and against any and ill dam, losses, damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be pm or subject by reason of my act, mfion, neglect, omission or default on the pm of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at my time on account or by reason of my ack action, neglect, omission or default of the Seller of my of his contractors or my of in or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all cote, charges, aromeys fees and other expenses, my and all judgment that may b, incurred by or carried scatter the Purchaser or my of in or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obulned.,am,, the pipes, of dhe Purchase, or said p.m. in or as a result of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall bake all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant therein. Revised 07/2014