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HomeMy WebLinkAbout156670 ZUMAR INDUSTRIES INC - PURCHASE ORDER - 3212071PURCHASE ORDER PO Number Page City/ Of 3212071 ' of z /11'00`t Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 156670 Ship To: TRAFFIC OPERATIONS ZUMAR INDUSTRIES INC CITY OF FORT COLLINS PO BOX 2883 626 LINDEN STREET 9719 S SANTA FE SPRINGS RD FORT COLLINS Colorado 80524 SANTA FE SPRINGS California 90670 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN 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 Ordered Extended Price Sign 8, Bandit Supplies 1 LOT LS 20,000.00 Annual Total $20,000.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local axes. Onr Exemption Number is 11. NONWAI VER. 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 perfomance of the totes and conditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exerciw any rights or remedies provided herein or by Inv, failure to promptly notify the Seller in the were of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet sperificatioos, either when shipped or doe to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right Of the damnge in transit, may he retained to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance heunfor any of its rights or remedies as to any such gyuk. regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. not shall nay purported oml modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can restdt in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting four antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. 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 Purchaser any tad all claims it may now have or here. Mr Tents. Freight Ten. Shipments must be F.O.R. City of Fort Collins, 700 Wood St.. Fan Collins, CO 80522, unless acquired under federal or state antitrust laws far such overcharges relining to the particular good 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 not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in vanous pans of the country, shipment is If the Purchaser directs the Seller to correct nonconfomring or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc 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 wish such work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations. ordinances and odes of the state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, rides and requirements. Authorintion. All parties to this contract agree that the rcpnsentatives arc, 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 terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different tents and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your pmerised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchnwrs including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this onto elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages its a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable cannot and without its fault ofnegligence, such acts ofCod, acts ofcivil or military autharhics. governmental priorities, fires, strikes. Bond, epidemics. wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when 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 waro nts that all goods. articles, materials and work covered by this order swill conform with applicable drawings. specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from 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 arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns ofany applicable warranty provided by the Seller ancr the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or ran efuls famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hercundcr shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfits or loss of usc. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal Icnas by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions four the gnnntries originally ordered in the speeificminas or drawings, by verbal Or onuen 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 Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any can imble adjustment between the panics as to any work or materids then in Progress provided that the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. g. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods arc 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 incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order. army monies due or to become due hereunder without the poor written consent of the other party. 10, TITLE. The Scllcr warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in Iwnfommnce of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances cad claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfnmmnec of ouch is'ork. This release shall apply even in the event of fiat of negligence of the party released and shall extend to the directors, affects and employees nfsuch party. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way. because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or Process covered by Icier. patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser Form any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or damage which it may 1x obliged to pay by reason of.such infringement at any 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 goods, is in such snit 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 parts, replace the same with substantially equal but noninfringing equipment or modify, it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make in assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions often, used or the interpretation ofncc agreement and the rights ofnll parties hereunder shall be construed under and governed by the laws of the State of COlomdO. USA. The following Additional Conditions apply only in cases where the Seller is to pennon work hereunder, including the services of Scllcrs Representativc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on slid 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 and/or materials before Seller's Final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller. the Scllcr shall receive, onlond. store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation. including occupational disease benefit, to its employees employed on or in connection with the work covered by this purchase order. and/or 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, contractual and automobile public liability inxoranee with bodily injury and death limits of at ]cast S300.000 for any one person. S500.000 for any one accident and pmperty damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide f r such compensation and insurance. Before any of the Sellers or his contractors cmployecs shall do any work upon the premises of others the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such conpensmion and insurance shall be maintained until after the entire stork is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss Of injury ofany kind or nature wh.t,mvcr to persons or properry caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers. agents and employees fmm and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and "holier 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 of the Seller. any of his contractors, or any of the Sellers or contractors oBleces, agents or employees. In case any suit or other proceedings shall lac brought against the Purchaser. or its officers, agents m employees at any time on account or by mason 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 nssamc the defense thereof and to defend the sums, nl the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be intoned by or obtained against the Purchaser or any 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 obtained against the prOpcny nfthc Purchaser, or said parties in m as a result of such suits or ether 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 take all safety precautions. Finnish 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 mlcs and regulations issued pursuant thereto. Revised 03/2010