HomeMy WebLinkAbout119225 FLINT TRADING INC - PURCHASE ORDER - 9141295City of
Fort Collins
Date: 02/28/2014
Vendor: 119225
FLINT TRADING INC
PO BOX 160
THOMASVILLE NC 27361-0160
PURCHASE ORDER
PO Number Page
9141295 1o1`2
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: 02/28/2014 Buver: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
t Preformed Pavement Markings
As per Quote - Order # 0013641
1 LOT LS
PER TERMS AND CONDITIONS OF COLORADO SPRINGS BID
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.mm
40,098.39
Total
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terris and Conditions
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemptions. By income the City of Fort Collins is exempt farm structural local m on. Our Exemption Number is
11. NONWAIV ER.
98-04502. Federal Excise Tan Exemption Certificate of Registry 84-60(tp587 is relaxation with the Collector of
Failure of the Purchaser to insist upon stet performance of the terms and conditions hereof, failure or delay to
Internal Rmuncre, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39.26, 114 (a),
exercise any nghix or remedies provided herein or by law, facture to promptly norly the Seller in the event of a
breach the acceptance of or payment for good; hereunder or approval ofthe design, shall not release the Serer of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the waraaties or obligations of this ptuchase order and shall not be droned a waiver of any right of the
damage in ,mmit may be resumed to you for credit and are not to be replaced except it receipt of waror
Purchaser no insist upon stet performance hsrerfor any offs rights or remade, as to any such goods, regardless
insinuations, from fie City of FM Collins.
ofwhen shipped, received or aces pled, as, to any prior or subsequent default hereunder, nor shall arty purprned
ord modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
Inspection. GOODS are subject to one City of Fort Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of one merchrndim, survauss or emipmant in response or this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fart Collins. However, it is to Is, undersmod dud FINAL
Seller and the Purchaser recognise that in around ec is practice, overcharges resulting from antitrust
ACCEPTANCE is dependent uponmmpletionofall amlicablerequirN inspection procedures.
violations are in fact home by the Purchaser. Theremforeefotgood cause and as eonsidemtion for executing this
purchase order. the Seller hereby assigne to the Purchaser any and all claims it may now have or hereafter
Freighl Terms. Shipments most be F.O B., City of Fort Collins, ) W Whed St, Fort Collins, CO 80522, unless
acquired under federal or state mnimmst laws for such overcharges relating to the particular goods or services
otherwise specifed on fix Order. If permission is given to prepay freight and charge wpammly, he migtal fremgln
purchased or arquimed by be Purchaser pursuant to this purchase order,
bill must accompany invoice. Additional charges for packing will not be accepted,
Shipment Distance. Mee m nuf,ram s base distbnting pmim. in varrours pans of llm country, shipment is
expected from the nearest distibation point to destination, and excess freight will be deducted from Invoice when
shipments arc made from grcuter docam e.
Permits. Seller shall procure at sellers sole cost .11 necessary .its, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the slate, 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 further agrees to hold the City of Fort Collins harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulators, ordinances, roles
and requirements.
Authorization. All panics to this ventrael agree that one representatives are, in fact, bow fide and Possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits accePtereT to the terms and conditions stated
barren set forth end any supplememary or additional tams and conditions annexed hereto or incorporated here,. by
reference. Any additional or different terms 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 curve on your
promised delivery date as noted. Time is of the essence. Delivery and performance mull be effected within the time
stated on the purchase order and the documents attached human. No aces of the PurcLssers including, without
limitation, acceptance of partial late deliveries, shall Operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addilam a other legal and equitable remedies, the option ofplacing this otier elsewhere
and holding Ore Seller liable for damages. However, the Seller shall not be liable 1'or damages as a result of delays
due to causes not renamably foreseeable which are beyond its reasonable control and without its Earth of negligence,
such acts Of God, arts of civil or military authorities, governmental priorities, fires, strikes, Bocd, epidemics, wars or
cols provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the
time when the Seller first received knowledge thereof lu the event Of any such delay, the vW, of delivery shall be
extended for the period equal to the time armally lost by reason of the delay.
3. WARRANTY.
The Seller wamanu that all grads articles, materials and work covered by this oNer will conform with applicable
drawings, specifications, samples and1Or other descriptions given, will be fit for the puryoses intended, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
milar mature. The Sella agree to hold one purchaser harmless from any lass, damage or eapene which the
PureR'ser may suffer or incur on account of fie Sellers breach of wmmnty. The Sella shall replace, repair or make
grad, without cost to the Purchases. any defects or fuel. arising within one (I) yes or wifin such longer period of
time as may be prescribed by law or by the mom, ofany applicable warranty provided by line Seller after the date of
accryuntt of fie good famished hereunder (acceptance nor to be unreasonably delayed), resulting from imperf t
or defective work done or materials farms sal by the Seller. Acceptance or use of good by the Purchaser shall nor
muaimte a waiver ofany claim under this commit Except as otherwise provided in this Journalese mother. she Sellers
liability hereunder shall extend to all damages Proximarely caused by the breach of any of the foregoing warranties
or possamees, but such liability shall in no event include loss of profier 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 winner change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terns, including additions to or deletions from
the gmonfnus originally ordered in the specifications or drawings, by verbal or written change oNer. If any such
change affects the oament due or the time of perfomance hereunder, an equitable adjusrment shall be made.
6. TERMINATIONS.
The Purchaser'
may t any time by written change order, teoninme this agreement as at any or
all portions of the
grads then not shipped, subject to any equitable adjustment between the parties ss to any work or materials then in
progress provided that the Purchaser shall not be liable for any claims for anticipated profs on the uncompleted
portion of the good muPor work, for incidental Or comaxm noel damages, and that no such adjustment b<made in
favor of the Seller with respect to any goad which are are Sellers standard stock. No such arminalion shall relieve
fie Purchaser or the Seller ofany of their Obligations ss to any goods delivered hereunder.
y. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most h asserted within Barry (30) days from the dare the change or termination is
ordered.
I. COMPLIANCE WITH LAW.
The Seller wamnts that all good sold hereunder shall have been produced, sold, delivered and famished in stet
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall esecule it
deliver such documents ss may b<mluirM an effisit in evidence compliance. All law's and ingulaiom squired to be
incorporated in agreements of this character arc hereby incomomtcd herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages sulTered by the Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall a sign,,mafer, or convey this order, or any monies due or to became due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller woronts full, clear and unrestricted title to the Purchaser for at I equipment, materials, and items Punished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SEI.LERS OBLIGATIONS.
Ifthe Purchaser dirceb the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inabilily or unwillingness ro comply, the Purchaser
may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all
corn asocialon with such work.
The Seller shall release the Purchaser and its communist; of any tier from all liability and claims of any alum
resulting Imam the performance of such work.
This release shall apply even in the event of fault of negligence of the Party released and shall extend to the
durcmrs, officers and employees of such party.
The Sellers contractual obligations, including warranty. shall not Y damned to be rMucnL in any way, because
such work is performed or caused to he performed by the Patch r.
14. PATENS.
Whenever the Seller is requird to use any design, device, material or process covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hsmless the Purchaser from any and all claims for infringement
by reason of the use of such farmed design, device, rmmtenal or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it many be obliged to pay by reason fsuch
infringement at any time during the prosecutors or after the completion of the work. In case said equipment, or
any pan thereof or line inanded use of the goods, is in such suit held to constitute inGngcment and the use of
said tyuipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure far the
Purchaser the right to common, using said equipment or parts, reirloce the same with substantially third but
noninfinging equipment, or modify it so it becomes noninfrinSing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or nature for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
if GOVERNING LAW.
The definitions of terms used or the intenpremtion ofthe agreement and the rights Of all parties hereunder shall be
construed coda and governed by the laws of the State of Coloado, USA.
The following Additional Conditions apply only in cases where the Seller is I. perform work hereunder,
including she services of Sellers Rryrexnmdina B), on the premises of ethers.
❑. SELLERS RESPONSIBILITY.
The Seller shall entry on mid work at Sellers own risk until one same is fully completed and accepted, and shall,
in rase Of any accident, destination or injury to the work matfor mateials he(ort Sellers Gnat completion and
acceptance, complete Ore work a, Sellers own expense and or the satisfaction of the, Purchaser. When motenals
and equipment are fmished by others fir irradiation or .,I. by the Seller, fie Seller shall receive, unload,
sore and handle same at fie site and become mr,h uible therefor as though such materials ardor equipment
were being f ishN by fie Seller under the order.
HL INSURANCE.
The Seller shall, at his own expense, provide for the payment of workm compensation, including Occupational
disease benefits, m its employees employed an or in estimation win the wad covered by this purchase order,
and/or to their dependents in accordance with the laws of the sate in which the work is to be dine. The Seller
shall also car, comprebensive general liability including, but not limited m, contractual and automobile public
liability insurance with bodily injury and dean limits of m least $300,000 for any one person, 5500,000 for any
one accident and property damage limit per ancradent of $400,000. The Seller shall likewise require his
contractors, if any, to fireside far such conipmeation and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises rf olhers, the Seller shall Finish the Purchaser with a cenifcme
that such compensation and insurance have been provided. Such cemifcams 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 Seller agrees that such compensation and imumnce shall be maintained mail ancr the
entire work is completed and aaepdon.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes she entire responsibility and liability for any and all damage, loss or injury ofany kind
r stuns whatsoever to person or property mused by or reasoning from the execution ofne work Provided for in
this purchase order or in connection herewif. The Seller will indemnify and bold hmmless the Purchaser and any
r all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages,
charge or expenses, whether direct Or indirect, and whether m persmss or property or which the Purchaser may
be put or subject by reason of any act. action, neglect, omission or default on the Prot of the Seller, any of his
communist, or any of the Sellers or contractors officers, agents or employces In case any suit or other
proreediogs shall be brought against the Purchaser, or its officers, agents or employees many time on account or
by reason of any net. action, neglect, omission or default of lie Seller of any of his com ucmrs of any of its or
their ofiem, agents or employees as aforesaid, the Seller hereby alms To assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, anomeys fees and thin, exposes,
any and all judgments that may be incurred by or obtained annual 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
obmined.,nrar, he property of fie Purchaser, or said pmies in or as is catch 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 coke 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, bur winoul limitation, the
Occupational Safety and Health Act of 1970 and all rates and regulations issued parson thereto.
Revised 03n010