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HomeMy WebLinkAbout130144 POTTERS INDUSTRIES INC - PURCHASE ORDER - 3215113City of Fort Collins Date: 01/09/2015 Vendor: 130144 POTTERS INDUSTRIES INC P O BOX 840 VALLEY FORGE PA 19482-0840 PURCHASE ORDER PO Number Page 3215113 1of2 his number must appear on all invoices, packing sli s and labels. Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/09/2015 Buver: JOHN STEPHEN Note: Line Description Quantity Ordered Extended UOM Unit Price Price Glass Beads For Paint 1 LOT LS 65,000.00 Annual . per MAPO P20+ pricing of $0.379/lb 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 Fart Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com 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 I. COMMERCIAL DETAILS. Tax earmptiom. By smote the City of Pon Cavite is exempt form state and laal taxes. Our Romanian Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.5000587 is registered with the Collector of Internal Remorm. Deaver, Colorado (Ref Colorado Revised Stamoes 1973, Chapter 39-26, 114 (a). Good Rejected. GOODS REJECTED due to fiction to meet specifications, either when shipped or due to defects of damage in tramit, may be resumed to you for credit and are had to be replaced except upon maps of wriurn instructions fmm the City of For Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Pon Collins, 900 Wood St,, Fan Collins, CO 80522, unless Otherwise specified an this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in variant pacts of the country, shipment is expected form the nearest distribution point to destination, and excess freight will be debuted Item Invoice when shipments are made gram greater distance. Partin. Seller shall procure at sellers sole cost all necessary Fermin, cenifcates and liccera required by all applicable laws, regulations, ordinances said rules of the state, municipality, territory or political subdivision where the work is performed, or required by any color duty command public authority having jurisdiction over the work of cracker. Seller further agrees 1t hold the City of Fort Collins harmless from and against all liability and loss incurred by them by moon of an asserted or established violation of my such laws, regulations, oNitances, toles and requirements. Authorization. All panirs to this contract agree that the representatives are, in fact, here fide and possess full and complete authority to bind said pmies, LIMITATION OF TERMS. This Purchase Order expressly limits amorphous, 10 the terms and wndificu stated herein set forth and my supplementary in additional terms and conditions annexed hereto or incorporated herein 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 move on your promised delivery dam as OcIM. Time is of the esseme. Delivery and pafarmonce must be effected within the time stated on the purchase order and the documents attached hereto. No acts Of the Purchasers 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 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 foo,saable which are beyond its reasonable control and without its fault of negligence, such sets of God, acts of civil or military authorities, governmental priorities, fires, strikes, David, epidemics, was or riots pmvidrd that notice of the conditions causing such delay is given to the Purchaser within Five (5) days of the time when the Seller for merived knowledge thereat In the event of any such delay, the &a of delivery shall be extended for hie period equal to the time actually lost by town of the delay. 3. WARRANTY. The Seller warrants this all goad, articles, materials anal weak, covered by this under will audition with applicable drawings, specifications, samples and/or other descriptions given, will M fit for the purposes intended, and pafarmed with the highest degree of are shad competence in xmNoce with ance ded suudmds for work of a similar ..Or The Seller ogees to hold the practice, bodulas f any loss, damage or expense which the Purchaser may sulTer a incur on inrount of the Sellers breach of wurany. The Seller shall replace, repair in make good, without cost to the Wormser, my defects or f Its arising within one (1) Year or within such longer period of time as may be prescribed by law or by the cams ofany applicable warranty Provided by the Seller after the dune of acceptance of the goods famished hereunder memptance not to Ix unreauuably delayed), resulting from imperfect or defective work done or materials finmishd by the Seller. Acceptance or use of goods by the Purchaer shall not onstimm a waiver of any claim under this worm arty. Except as otherwise provided in this purchase Order, the Sellers eu liability hereunder shall extend to all damages proximately caused by the breach Of any Of the foregoing woratties or gaccounts, bus, such liability shall in n0 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 rams by woman change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tender, other than legal teats, including additions to or deletion from the quantities originally ordered in the specifcatiom or drawings, by verbal or written change order. If any such change aR n the amount due or the If= ofperformance baeuMa, an equitable mijustmem shall be made. 6.TERMINATIONS. The Purchaser may a1 any time by wriltm change order, tardire¢ this agdourro t as to my as all Iniou of rho good then no, shipped, subject to any equiable ahismanrnt between the media as to any work or materials then a - proposes predated that the Purchaser shall not be liable for any claims for anticipated pmfiu on the unromplered portico Of the good anNar work, for wcidemal or consequential damages, seed that no such adjustment be made in favor of the Seller with respect to any goods which so, the Sellers standard stock. No such mrso ation shill relieve the Purchaser or the Seller o my oftheir obligations asto any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days form the date the change or lamination is ordered. B. COMPLIANCE WITH LAW. The Seller warrants that all goods and hereunder shall have been produced, sold, delivered and household in shict compliance with all applicable laws and r,notation, to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requital to be inco ,mined in agreement of this climate, we hereby incorporated herein by his reference. The Seller agrees t0 indemnify and hold the Purchaser harmless from all costs and damages suR ed by the Pumhzser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign vamfer, or ronvey his order, or any monies due he to become doe hereunder withaa the prior written commit ofthe other patty. 10. TITLE The Seller wamnta full, clear and umestriched fide to the Purchaser for all equild edt, material, aM items famished in performance of his agrecmrar, five sued clear of any od all liras, restrictions, rescram ons, snariry mteo,st encumbrances and claims of others. I L NON WAIVER. Failure of car Punh'utt to insist upon strict pert ce of he terms sed conditions hereof, failure or delay to exercise any rights or remedirs Provided herein or by law, failure to promptly badly the Sella in the event of a breach, due M. of or payment for goods hereunder or approval ofthe design, shall net release the Seller of my of the warranties or obligations of this purchase order and shall no be darned a waiver of my right of the purchsser to must upon strict performance heo,ofor my of its rights or remedies as m my such good, regardless of when shipped, received or tamped. as to any prior or subsequent, default hereunder. ter shall my puryoated oral modification or remission of this purchase order by the Purchaser opande u is waiver of any of the emu hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, marctrges resulting from antimal violations are in fact home by the Purchaser. Theretofore, for good cause and as comidemrien for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter we,diml under fxteml or state andamat laws for such overcharges rdating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter impales its matoliry or unwillingness t0 comply, the Purchaser may cause the work to be performed by the most expeditious meets available to it, and the Seller shall pay all costs wrraiaud with such work. The Seller shall release the Purcbuer am its contractors of any tie from all liability and claims of any mature resulting from the pert race of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the did., omcers sued employe ofsuch may. The Seller's contractual obligations, including wmmnty, shall tot he domed to be reduced, in any way, because such work is peR ed or reacted to be performed by rise Purchaser. 14. PATENTS. Whenever the Seller is retained t0 use any design, device, material Or process covered by lefts , parent. trademark r copyright, the Seller shall indemnify and save brimless 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 comma, 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 prosecanion or after the completion of the work. In case said equipment, or any For thereof or the intended use of the goads, is in such suit held to comtimte 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 Fans, replan the mar with substantially equal but anduln'nging equipment, Or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall became insolvent or bankrupt, make an assignment for the bedaft of creditors, appoint a rteiver or muster far any Of the Sellers property or business, this order may foMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The denim toss ofumn used ar the imerpmortim ofthe agreement mall the right oFelt ponies hareumier dull be ronstrued occur and governed by thr laws of the Stare ofC.Iorado. USA. The following Additional Conditions apply Only in taus where hie Seller is m perform work hereunder, including the xrsices of Sellers Reprmartmer(s), on the penises of orders. ❑. SELLERS RESPONSIBILITY. The Sella shall carry an said work m Seller's own risk until the tome B fully completed and ince,ded, end shall, in sus Of my accident, destmcllon or injury to the work andcor reatmals before Sellers fort completion and acceptance, complete the work at SeIIMs own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for Imtellium. or mation by the Sellrr the Seiler shall receive, unload, store and handle same at the sire and become responsible therefor as though such materials anWar equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the weak covered by this purchase order, arcV., to their dependants in accordance with the laws of the sate in which the work is to is, dom. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with no ily injury and death limits of at least DIXI,00A for any one person. SSW." for any one incident and property dunage limit per accident of S400,000. The Seller shall likewise require bis contractors, if any, to provide for such compensation aM iuunnce. Before any of the Sellars or his commnors employees shall do any work upon the premises of ohers. the Seller shall famish the Purchaser with a certificam that such compeumion and insurance have bees provided Such camfiretea shall specify the data worn such compensation and imurstrce have been provided Such reanimates shall specify the date when such compemmion and insurance expires. The Sella agrees red, such compensation od insurance shall be maiamircd well after the entire week is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby auumes the main, responsibility and liabiliry for any aM all damage, loss or injury of any kind r datum whatsoever to persons or property caused by or resulting gum the execution of the work provided for in this purchase order Or in connection hemsith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees form and against any and all claims, losses, damage, charges or expenses, whether direct Or indirect, and whether to Persons or property to which the Purchaser may be put or subject by reasen of any act, action, neglect, omission or default on the part of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In case my suit or the, proceedings shall be brought against the Purchase, or its officers, agents or employees at any time an account or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or any of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellars own expense, to pay any and all costs, charges, eI.gs fees and other expenses, any and all judgments that may be, incurred by or obtained against the Purchaser or any of its or their officers, agevn or employees in such suits or other proceedings, and in max judgment or other lira be place upon car obtained against the property of the Purchaser, or said pasties in or m a result of such suits or other proceedings, the Seller will at once cause the name m be dissolved and dixharged by giving bend or otherwise. The Seller od his contractors shall take all safety precautions, fiunish aM imull all guard necesary for the prevention of accidents, comply with all laws not regulations with regard to safety including, hot without limitation, the Occupational Safety and Health Aa of 1970 and all ales and regulations issmd pursdaat thereto. Revised 07n014