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HomeMy WebLinkAbout119225 FLINT TRADING INC - PURCHASE ORDER - 3215313City of F�or_t Collins Date: 01/13/2015 Vendor: 119225 FLINT TRADING INC PO BOX 160 THOMASVILLE NC 27361-0160 PURCHASE ORDER PO Number Page 3215313 1of2 This 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: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Durable Pavement Marking Suppl 1 LOT LS PER TERMS AND CONDITIONS OF MAPO BID 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 50, 000.00 Total $50,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tefms and Conditions Page 2 of 2 I. CO.MMERCIALDETAILS. Tax exemptions. By nano, the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of In consul Revenue, Denver. Colorado (Ref Colorado Revised Statutes 1993, Chapter 39-26, 114 (a) (foods Rejected. GOODS MECTED due to failure to pee aWrifications, either whin shipped or due to defects of damage in mmsit may be retumM to you for reed, and are rat by be c,).d except it,on receipt of women insmmtims form the City of For Collins. Inspection. GOODS are Subject to the City ofFort Collins inspection on arrival. I I. NONWAIVER. Failure of the Purchaser in insist upon strict performance of the terms and conditions her.f failure or delay es 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 ofthe design, shall not release the Seller of any of the wemmties or obligations of this purchase order and shall not be deemed a waver of my right of the purchaser m insist up. strict performance hereofe, my of its rights or remedes as to, my such goods, regardless of when shipped, received or accepted, as no my prior or subsequent default hereunder, nor shall my purported aril modification or rescission of this purchase order by the Purchaser emerge as a waiver of my of the arms hereof Final Acceptance. Receipt of the merchandise, services or equipment in response in this order can result in 12. ASSIGNMENT OF ANLITRUSTCLAIMS. authorized payment on the part 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 from antitrust ACCEPTANCE is dependent upon completion areal applicable required inspection procedures. violations are in fact home by the Purchase, Theretofrefor tgood cause and as consideration for executing Nis purchase order, the Seller hereby assiyms to the Purchaser my and all claims it may now have or hereafter Freight Terms. Surnames mtm be F.O B. City of Fort Collins, 700 Wood St. Fort Collins, CO 80522. ml.a "aired under federal or Sete .61.1 laws for such overcharges relating to the parmuaar goods or services otherwise specified on this order Upermission is given or prepay freight and charge separately, the origins Freight purchased or acquired by the purchaser pursuant to this purchase order bill most mmmpany invoice. Additional charges for picking will trot be, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have clambuting pints in venom pans of the moody, shipment is If the Purchaser directs the Seller to correct nonconfomung or defective goods by a date to her a greed upon by the corseted from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller broader indicates its inability or unwillingness to comply, the Purchaser shipments are made from g ager distance may cause the work to be performed by the most expeditions mews evalable to It and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers Sale cost all necessary permits, car ificares and licenses required by all applicable laws, regulations, ordinances and colas of the stare, mmicipaliry, territory or plitical subdivision where the work is perfumed, or required by my other duly crour m ed public certainly having juvsdinim over the work of vendor Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss used by them by reason of m asserted or whablished erudition of my such laws, regulations, ordinances, rules and requirements. Authm cishan. All pries to this contract agree that the representatives are, 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 stared herein set foM and my supplementary or additional terms and conditions annexed hens or incorporated herein by reference. Any additional or dffarm terms, and conditions proposed by seller are objected no and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediereay dryad cannon make complete shipment to arrive m your promised deliwcry date as noted. Time is of the essence. Delivery and performance must be efieded within the time sated on the purchase order and the documents attached hereto. No acts of the Purchasers including, withoun Imitator, tator, acceptance of partial late deliveries, shall ypwam as a waver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of pi acing 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 foreseeable which are beyond its reasonable control and without its fault of negligence, such arts of Gad acts of civil or military authimuss, govemmenW p ronties, fires, strikes. Flood, epidemics, wars or ups provided thaz notice of the conditions rousing such delay is &yen to the Purchaser within five (5) days of the me when the Seller first received anywhere, thereof In the event of my such delay, the date of delivery shill be extended for the period equal to the due sc ualdy had by reason of the delay. J. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable drawing, specifications. samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and coupe ence in accordance with accepted 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 incur on account of the Sellers breach of warranty. The Seller shall replace, eepar or make good without rest to the purchaser, any, defects or faults arising within one (1) year or within surf longer period of time as may W prasmbed by law or by the tram of my applicable warrmry provided by the Seller after the date of acceptance of the goods Burnished hereunder (acceptance not in be unrearondAy delayed), resulting From impertmt or defective work done or materials burnished by the Seller. Acceptance or use of goods by the Purchaser shall not commarm a waiver army claim under this warrant, Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guaran des, but such liability shall in no event include lass 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 to. by woman change order. 5. CHANCrES rN COMMERCIAL TERMS. The Purchasermay make my changes to the terms, other then legal terms, including additions to or deletions from the quantities originally ordered in me specifications or drawing, by verbal or written change order. If my such change effects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may or any rime by wrtten change order, wrmi orm this agno mrnt as ed my or all portions of the goods than not shipped subject to my equitable adjustment between the parties as to my work or materials then in progress provided that the purchaser shall not be liable for my claims for mticipted profit on the uncompleted Amon of the good andfor work, for incidental or consequential damages, and that no such adjustment be made m room of the Seller with respect to my goods which are the Sellers standard sock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold heremder shall have hem produced, sold delivered and furnished in sect compliance with all applicable laws and regulations to which the goads are subject. The Seller shill execute and deliver such documents as may be required o effect or evidence compliance. All laws and regulations required or be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGN—W, Neither parry shall assign, manager, or cone, this order, or me, modes due or to become due hereunder without the prior wnnm consent of the other pant. 10 CUTE The Seller warrants full, clear and mommeted tide to the Purchaser for all equipment, materials, and items burnished in perfemeave of this egrcemmt free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of my her from all liability and elai nrs of my nature resulting from the performance of such work. This release shall apply evm in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including wananry, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, maoriel or process covered by letter, patent. trademark or copynght, the Seller shall iMenmify and Save harmless the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, marenal or process in connection with the convuv, and shall indemnify the Parch mew for any cost ochmse or damage wbielt it nay be obliged to pay by reason of such infringement at my time during the prosecution or after the completion of the week. In cage said equipment or my pm thereof or the int.ded use 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 Feature for the Purchaser the right to continue using sad equipment or pans, replace the same with substmnally equal but noninfringing equipment or modify it sal it becomes noninfnnging. 15. INSOLVENCY. If the Seller shall became insolvent or bankrupt make m assignment for the b.eft of creditors, appoint a narwiver or uuame for my of the Sellers property or business, this order may foMwith be canceled by the Puchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the tight of all parties hereunder shall be construed under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representatives), on the premises clothiers ❑. SELLERS RFSPONSIBILFFY. The Seller shall carry on sad work at Sellers own risk until the same is filly completed and accomm_ and shall, I. rue of my accidmt destruction or injury to the work mdfor mazenals before Sellers final completion and acceptance, complete the work at Seller's own expense and to the whismation of den Purchase, When materials and equipment are fumished by others for installation or erection by the Seiler, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andlor equipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers mmmmeratlon, including occupational disease benefits, to its employees employed on or in connection with the work revered by this purchase order, mNor to their dependent in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive Rumored liability includin& but not limited to, contractual and euminobile public liability insurance with bodily injury and death limits of at least $300,000 or any one person, SS00,000 for my one accident and property damage limit per accident of 540VW0. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall burnish the Purchaser with a certificate Nat such compensation cod insurance have been provided. Such certificates shall specify the daze whom such comproustion and insurance have ban provided. Such certificaras shall specify, the date %ban such compensation and insurarta expires. The Seller agrees Nat such compensation and insurance shall be maantaned earl after the .tire work is completed and accepted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to 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 all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or induce, and whether re pers.s or property to which the Purchaser may be put or subject by reason of any act acted, neglect omission or deposit on the pan of the Seller, any of his contractors, or any of the Sellers or contractors oficars, agents or employees. In case my suit u other proceedings shall be brought against the Porcharer, or its eRtcam. agents or employees at my time on account or by reason of my act action, neglect, omission or default of the Seller of any of his comeotors 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 Sellers own expense, to pay my and all costs, charges, attorneys fees and other 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 in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties m or as a result of such suit or other promedings, the Seller will as once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contrmtors shall take all safety precautions, furnish and install ill guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety mcludio& but without limiorion. the Occupational Safety and Health Act of 1970 and all Idea and rryWarions issue pursuant thereo. Revised O7R014