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HomeMy WebLinkAbout119225 FLINT TRADING INC - PURCHASE ORDER - 3212080PURCHASE ORDER PO Number Page City Of 3212080 1 of z ' `this number must appear Collins` 1 1�7 on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 119225 FLINT TRADING INC PO BOX 160 THOMASVILLE North Carolina 27361-0160 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS Colorado 80524 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 Extended Ordered Price Pavement Marking Supplies 1 LOT LS Annual PER TERMS AND CONDITIONS OF THE MAPO AGREEMENT Cam, c3. oit�:s� s� U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, CPPO 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 50,000.00 Total $50,000.00 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from state and local taxis. Our Excerption Number is 98-04502. Fedemi Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of tetanal Revenue, Dcover, Colorado (Ref. Colorado Revised Stamtes 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 returned to you for credit and am not to he replaced except upon receipt of written instructions from the City effort Collins, Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hercoC failure or dclav to exercise any rights or rcmcdics provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthc design, shall not release 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 perfomtnncc herenfor any ofits rights or remedies as to any such gnork, rcgardlas of when shipped, received or accepted, is to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance, Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. Howeveq it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from antitrust ACCEPTANCE is dmcndem upon completion of all applicable required inspection pmecdures. violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby nssigns In the Purchaser any and all claims it may now have or hereafter Freight Teets. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or slate antitrust Imes for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge scpamtcly, the original freight purclexed or acquired by the Purchnscr 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 manufecmrcrs have distributing 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 Purchnscr and the Seller, and the Seller IhcreaOcr indicates its inability or umvillingncss to comply, the Purchaser shipments arc made Imm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seiler shall pay all costs associated with such work. Permits. Seller shall procure at .tellers sole cast all necessary permits, certificates and licenses rcquircd by all applicable laws, regulations, ordinances and mles of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller funher agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by tram. of an asserted or established violation of any such laws, regulations, ordinances. miles and mquircmcnts. Authorization. All panics to this contract agree that the reprcmntalivcs arc. in fact, bona fide and possess full and complete authority to bind slid panics. 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 hcrcin by reference. Any additional or different teens 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 promised delivery date as noted. Time is of the essence. Delivery and performance most he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasem including, without limitation, ncecptenec ofpanial late deliveries shall operate as a wrivcr ofthix provision. In the event ofany delay. the Pnmhawr shall have, in addition to other legal and equitable rcmcdics, the option of placing this order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence. such acts of God, acts ofcivil or military rode ritice, governmental priorities, rites. 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 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 fit for the pnrpnscs 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 form any loss, damage or expense which the Purchaser orgy suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults arising within one (U yenr or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller after the dace of acceptance of the goads furnished hereunder (acceptance not to be unreasonably delayed), resulting form imperfect or defective work done or materials furnished by the Scller. Acceptance or use of goods by the Purchaser shall not mnstitutc a waiver ofany claim under this warenty. Except as othcnwisc provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofpmfts 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 written change order. 5. CI4A NGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal teats, including additions to or deletions from the quantities origimally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time ofperformancc hereunder. an equitable adjustment shall be made. 6. TERM (NATIONS. 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 equitable adjustment be seen the parties as to any work or materials then in progtess provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted Perrino 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 any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asmed within thirty (30) days front the date the change or termination is ordered. S. 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 he incorporated in agreements of this character are hereby incorporated hcrcin by this reference. The Seller agrees to indemnify and hold the Purchaser harmlec From all costs and damages suffered by the Purchnscr as a result of the Sellers failure to comply with such law, 9. ASSIGNMENT, Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. I0. TITLE. The Seiler wamnts full, dear and unrestricted title to the Purchaser for all equipment. materials, and items Furnished in performance of this agreement, free and clear of any and all liens, restrictions, rcur:anions, security interest encumbmnecs and claims of others. The Seller shall release the Purchnscr and its contractors of any tier Imm all liability and claims of any nature resulting form the performance nfsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees fsuch party. The Seller's eoutrocnal obligations, including warranty, shall not be deemed to be reducer, in any way, because such work is performed 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 letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from 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 be obliged to pay by reason ofsuch infringement at any time during the prosecution or afer the completion of the work. In ease said equipment, or any pan thereof or the intended rise of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option. either procure for the Purchaxer the right to continue using said cgnipmcut or pros, replace the sane with substantially equal but noninfringing equipment. or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an 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 definition, nftemts used or the interpretation ofthe agreement and the rights ofall panics hereunder shall he construed under and governed by the Imes ofthe State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seiler is to perfnmu work hereunder. including the services of Sellers Rcpresentalive(s), on the premises ofothers. IT SELLERS RESPONSIBILITY. The Seller shall carry on mid work of Scllcrs own risk until the same is fully completed and accepted, and shall, in case of any accident, donrnction 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 are furnished 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 and/or equipment were being furnished by the Scller under the order. 19. INSURANCE:. The Seller shall, at his own expense, pmvide for the payment of workers compensation, including occupatinnal disease benefits, to its employers employed on or in connection with the work cocmd by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to he done, The Seller shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability insorancc with bodily injury and dcuth limit of at (cast S300. 00 for any one person, 5500,000 for any one accident and property damage limit per accident of S400,000. The Seiler shall 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 shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hive been provided. Such eenificates shall specify the date when such enntpensmion and insurance expires. The Seiler agrees that such compensation and insurance shall be maintained until afer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGFS. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persnns or property caused by or resulting form the execution of the work provided for in this purchau order or in connection herewith. The Seller will indemnify and hold hrmlmx the Purchaser and any or all of the Purchawrs otficca, agents and employees from and against any and of claims losses, damages, charges or expenses. whether direct or indirect, and swhober to persons or property to which the Purchaser may be or or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be hroughl against the Purchaser, or its oRcem. 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 tiny of its or their offsets. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, anomcys fees and other expenses, any and all judgments that may be incuncd 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 property ofthe Purchaser. or said panics in or as a result ofsuch suits or other proceedings, the Scller will at once cause the same to be dissolved and discharged by giving bond wnolheravise. The Seller and his contractors shall Coke all safety precautions, fumish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without ]initiation. the Occupational Safety and health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03/2010