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HomeMy WebLinkAbout156670 ZUMAR INDUSTRIES INC - PURCHASE ORDER - 3215299City of /11�F„�o_rt Collins Date: 01/13/2015 Vendor: 156670 ZUMAR INDUSTRIES INC PO BOX 2883 SANTA FE SPRINGS CA 90670 PURCHASE ORDER PO Number Page 3215299 tote This number must appear on all invoices, packing slips and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Sign and Banding Supplies 1 LOT LS Annual 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. 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 10,000.00 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. COMMERCIAL DETAILS. Tax exemption. By statme the City ofFort Collins is exempt from state and local taxes. Our Exemption Number is 98-NS02. Federal Excise Tax Exemption Certificate of Registry 84.6000589 is registered with the Collector of Immoral Revenue, Denver, Colorado (per Colorado Revised Statutes 1973. Chamer 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to men specification, either when shipped or due to defects of damage in transit may he returned in you for credit and are not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject o the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, semw eor equipment in response to this order can result in audnnxd payment on the pm of the City of Fort Collins. However, it is m he understood thin FINAL ACCEPTANCE is dependent upon completion ofall applicable required Impeceon procedures Freight Terms. Shipments must be F.O.B., Ciry of Fan Collins, 700 Wood St, Pan Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for Woking will runt he accepted. Shipment Distana. Where manufacturers have distributing points in vancous parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greamt distance. Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by ill applicable laws, regulation, oad,.. and sales craft state, municipality, rearimry or political subdivision where the work is performed, or required by any caber duly coetioned public warrants having jurisdiction over the work Of vendor. Seller further agrees to hold the City of Fort Collins harmless from and agboar all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinmces, rules re,eiremm. Authoritarian. All ponies to this contract agree that the representarives are, in fact, bona fide and possess full and complete summary to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptmce to rise terms and conditions singed herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different barbs and conditions proposed by seller are objected an and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date m 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 was of the Purchasers including, without limitation, mcepmnce of pausal lam deliveries, shall operate M a waiver of this provision. hi the event of any delay, the Purchaser shall have, in addition In other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. HoOoem, the Seller shall not be liable for damages as a result of delays due to causes aorreasonably foreseeable which are beyond is reasonable control and without is fault of negligence, such acesof God, acts of eavll or military authorities, gevermtemal prionties, fires, strikes, flood, epidemics, wars w riots provided that nmice of me conditions caning such delay is given to the purchaser within five (51 days of the time when the Seller first received knowledge thereof, In the event of any such delay, the date of delivery shall be exceeded for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples mdror other deudppons Even, will be fit for the purposes intended, and performed with the highest degree of cue and competence in ucardance with incepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or inb ron account ofthe Sellers breach of warant, The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warrant, provided by the Seller after the dam of acceptance of the goods furnished hereunder (mceptance not to he hmreaunably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofmy claim under this warram, Except motherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of tiny ofthe foregoing warranties or guarantees, but 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 terms by wdnen change order. 5. CHANGES IN COMMERCIAL TERMS. The Puchaer may make my changes to the terms, other than legal corms, including additions to or deletions from me quantities originally ordered in me specifimaOgm or drawings, by variant or written change order. If any such change affects the amount due or the time ofperform uce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrinzn change order, immature this agreement as W any or all ortions of the goods then not shipped, subject to my equitable adjustment between the ponies as to my work or materials then in programs provided fire the Purchaser shall not the liable for my claims for anticipated parts on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which arc the Sellers standard stock. No such termination shall relieve me Purchaser or me Seller of my of their obligations as to my goods delivered hereunder. ). CLAMS FOR ADJUSTMENT. Any claim for adjustment most be assured within thirty (30) days from the time be orange or rumination is ordered 8. COMPLIANCE WITH LAW. The Seller warmes that all good sold hereunder shall have been produced sold, delivered and furnished in strict compliance win all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such luxurious as may m required to effector evidence compliance. All laws and regulations required ao be incorporated in apartments of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hmmless from all mars and damages suffered by me Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGHhThNT. Neither parry shall usign, transfer, or convey this order, or my monies due or to become due hereunder without the prior written consent of the other pany, Ica. TITLE. The Seller warranes full, clear and unrestricted tide to me Purchaser for all equipment materials, and hems fumigated in poffrommance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of Others. I I. NONWAIVER_ Failure of the Purchaser to insist upon saner performance of the terms and condition herb[ malme or delay to exercise 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 release the Seller of any of the w sacs 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 many such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the tens hereof 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recugnim that in reaked economic morns, overcharges resulting from .,arrant violation are in fact home by the Purchaser. Thermagre, for good mom and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or state motrun laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser dinar the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser 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. The Seller shall release the Purchasr and its contractors of any tier from all liability and claims of my abbe resulting from the performance of such work. This release shill apply even in the event of fault of negligence of the parry released and shill extend to the directors, officers and employees of such party. The Sellers commensal obligations, including wanmry, shall not be domed to be reduced, in my way, because such weak is performed or caused m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by letter, petmt trademark r copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infnngtmrnt by reason of the use of such patented design, device, material or precea in comeotion with the contrast, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such inf angemmt at my time during the prosecution or after the completion of the work. In case said equipment, or my part thereof or the intended me of the goods, is in such suit held to constitute inftinge new and the use of said equipment or pan is enjoined, the Seller shall, in is own expense and an its option, either procure for the Purchaser the tight to continue sing said equipment or pars, replace the same with suboartially eq" but noninfringing equipment or modify it so it becomes noninftinging. IS. INSOLVENCY. If me Seller shill become insolvent or broke, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers paopmry or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of tents used or the interyretadon of the agreement and the rights of all parties hereunder shell be canswed under and governed by the laws of the Strait of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work bucmtdm, including the services of Sellers Repre ciatim,ef ), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk mail the same is fully completed and accreted, and sha1L in case of my accident dmruction or injury to the .ark mdlor materials before Sellers final completion and acceptmce, complete the work ar Seller's own expense and m the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, uuload, store and handle same at the are and became responsible amount ar though such materials and/or equipment were being fomished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own espenze, provide for the payment of workers bmpermagon, including occupational disease benefits, an is employees employed on or in connection with the work watered by this putchue order, armor to their expenditures in accordance with the laws of the state in which me work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m. contractual and automobile public liability insurance with bodily injury and dead limits of or lent S100,000 for my one pcomoc $500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of me Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a ceni ficate that such compensation and insurance have been provided. Such cenifcares shall specify the date when such coampensation and Inwmce have been provided. Such certificates shall specify the date when such compensation and insmmce expires. The Seller ogres that such compensation and insurance shall be maintained until after the entire work is complerd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the enure «spealgaliry and liability for my and all damage, loss or injury of my kind or nature whatsoever an 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 the Purchaser and any or WI of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expense, whether direct or indirect, and whether to persons or property in which the Purchaser may be put or subject by reason of my act action, neglect, omission or defmlt on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought ageing the Purchaser, or is officers, agents or employees at my time an account or by reason of any act action, neglect omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense narbf and an defend the same at the Sellers own expense, to pay any and WI costs, charges, amomeya fees and offer expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees m such suits or over proceedings, and in cue judgment or other lim be planed upon or obtained against the property of the Pmdhasb, or said panic in or as a result of suds suits or other pmaedings, the Seller will at once cause the same to be dissolved and disharged by giving bond or otherwise. The Seller and his kentracmrs shall take all 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 limitation, me Occupational Safety and Beach Act of 1970 and all awes and regulations issued pursuant foram. Revised 0 nOlel