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HomeMy WebLinkAbout380988 OSBURN ASSOCIATES INC - PURCHASE ORDER - 3214219 (2)PO PURCHASE ORDER 321421 Number Page CI'L�f O'f///��� 3214219 1 of 2 F6r} Collins This number must appear /_^,'��—,/`-' ` ` on all invoices, packing / sli s and labels. Date: 03/04/2014 Vendor: 380988 OSBURN ASSOCIATES INC PO BOX 912 LOGAN OH 43138 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Delivery Date: 01/06/2014 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 2 Addendum to PO 3214219 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 1 LOT LS 20,000.00 Total $20,000.00 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. COMMERCIALDETAILS- Tax exemptions. By statute the City of Fan Collins is exempt fmm state and local taxes. Our Exemption Number Or I I. NON WAIVER. 98-01502. Federal Exciee Tax Exemption Cenifraim of Registry 846000582 is tegistrnd with the Collector or Failure of the Purchaser to imise upon strict performance of the terms and conditions hisma f, failure in delay to Internal Revenue. Denver, Colorado (Ref. Coleman Revised Staffers 1973, Chapter 39-26,114 BT exercise any rights or remedies provided herein or by law, fallam to pmmmly notify fire Seller in the event of a breach, the acceptance oror payment fan goads haeunder or approval of the design, shall not release the Seller of Goofs Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the wafmaties or obligations of this pas rter. order and shall not be deemed a waiver of any right of the damage in transit. may be returned to you for credit and art not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or¢medics as to any such goods, regardless imtmations from the City of Fort Calif.. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Imported card modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject ,, the City Of Fan Collins inspection an arrival. hereof. Final Acceptance. Receipt of the merchandise, scrivier,sr equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of FanCollins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in acmai economic practice, overcharges resulting from antitrust ffotr ACCEPTANCE is dependent upon completion all applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, good cause and as ramidention far executing this purchase order, the Seller hereby assigon to fire Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.OB.. City of Fan Calif., 700 Wood S.., Fan Calif., CO 90522, unless acquired under federal or emre anriwst laws for such overcharges testing to the particular good or services otherwise specified on this order If permission is given as prepay freight and charge separately, the original blight purchased or acquired by the Producer pftrsuanno this purchase oNer. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. \Mere manufacturers have distributing Points in various pans of life country, shipment is Hill Purchaser damen fire Seller to mtrect nonconforming or defective goods by a date to be, agreed upon by the expected fmm the nearest distribution point to dafimtion, and excess f dIn will be deducted from Invoice when Purchaser and the Seller, and the Seller baseman lndiaaes its liability or unwillingness to comply, fire Purchaser shipments at made from graft distance. may cause fife work to be Performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at aellers sole cost all maesmry permits, cetrifirmis and licenses namird by all applicable laws, regulations, ordinances and flea ofthe srule, municipality, lmritery act political subdivision where The Seller shall relase the Purchaser and its contractors of any lift from all liabiliry and claims of any velure ,he vend is partamfed,or of,uned by any other duly constituted public authorily havingj... shchan over the work resulting from life perfivmumcc ofsuch work. of vendor. Seller fimher agrees to hold lire City of Fan Collins families from and against ail liability and Ins, incurred by form by reason of an asserted act esmbbAnd viaticum of any sued, laws, m,Dham, ordinances, roles This release ,dual l apply even in the evem of fault of negl,rove of the Entry released and shall extend to life and requirements. itinerants, officers and employees fsuch party. Authorization. All parties to this contract .,me that the represema0ves are, is feel, bona fide and Pa.. full and The Seller's contractual obligations, including wamnry, shall not he domed to be afford, in any way, because complete authority to bind said parties such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS this Produce ONer expressly limits acceptance 10 the mans rand conditions sated herein see botch end any supplementary Or additional it. and conditions amexed hartlo or incorporated herein by reference. Any additional or different terms and conditions proposed by caller are objected to and hereby rejertnd 2. DELIVERY. PLEASE ADVISE. PURCHASING AGENT immediately if you cannot make complete shipment to active on your Promised delivery date as noted. Time is of the essence. Delivery and performance must be elf aced within the time fated oa lire purchase order and tIfe documolts touched hereto. No acts of the Purchasers including, without Erudition, acceptance of partial late deliveries, shall aperaw as a waiver ofthis provision. In the event of any delay, fie Purch;ner shall have, in addition fo other legal rand equitable remedies, the option of Educing this order duwl¢re and holding the Seller liable Con damages. which am r, the Scllcr airoln nor be liable for damages vs u nano of delays suer to causes imtreaoamb,ftwi foreseeable which arc beyond its reasonable mntml and strikes, flood, its tepidemnegligence, or such pro ofGoh, armsiceka or miliarya causing ucvemmenndiven to the fires, strikes,ithin epidemics,warsoe tints provided that notice of received conditions causing of. I delay is given n the Purchaser within five delivery days of the time when the Seller fit received knowledge thereof. In the event of any such delay, the dare of delivery shall be extended for the period equal to the time actually lost by reason office delay. 3. WARRANTY. The Seller wamams then all good, articles, na eriab and work covered by this order will mofamf with applicable drawings, mate fiatimfs, samPla and/or other descriptions given, will be fit fan the purposes imended, and performed with the highest degree of fore and comperena in accodance with accepted standards for work of a filar namm. The Seller agrees to hold the purchaser harmless from any loss, damage re expense which the Purchaser may soli or incur on account of the Sellers breach ofwarranry. The Seller shall replace, ormif or make paid, without cast to the purchaser, any defects or faults raising within one (1) Year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seiler after the date of mcepmnce of the goods famished hereunder (accepance not to be unreasonably delayed), resulting from imperfect or defective work it... act materials famished by the Seller. Acceptance err use of goods by tire Purchaser shall not mnitme a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing wvrramles or guarantees, but such liability shall in no evem include loss of profits or lass close NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. v. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the lesson, Other than legal move, including addifiom to or delnimfs from the quantities originally ordered in tie speciGrmions or drawings, by veAal or women change order. If any such change affects the amount due or the time of performance hereunder, an equitable ndjugmcm shill be made. 6. TERMINAT'IONS. The Purchaser any an any time by written change order, terminate this agreement as to any or all ponians of rise grads then nor shipped, subject to any equitable aljmttnent between the Parties as to any work or materials then in progress provided Ihot Ilia Purchaser shall not be liable for any claims for anticipated profs on the uncompleted ponimf of life good and/or work, for incidental or cunsequcmial damages, and that no such adjusament be made in favor of the Seller with respect to any goods which am the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any guests delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for ndjusamon must be assened within thirty (30) days from the door the change act mrmirarmn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good said hereunder shall have been ptduced, said, delivered and furnished in strict compliance with all appllable lows and a gulmiom to which the good are subject. The Seller shall execute and deliver such documents as may be required to effect Or evidence compliance. All lows and regulations required to be memo mled in agreements of this character me hereby incorporated heem by has reference. The Seller agrees 10 indemnify and bold foe Purchaser haamless fmm all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither any shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written convene ofthe other party. IO.TITLE. The Seller wananE full, clear and fices surcted tide 10 the Purchases far ail equipment, mmeriak, and it. Owishad In performance of this agreemrna, face and clam of any and all Item, a smicfiam, resenntima, mcuriry interest encumbrances mW claim• ofothers. la. PATENS. Whenever the Seller is recumat to use any deopa, device, material or process emertf[ by lever, patent, trademark or copyright, the Seller shall indemnify and save Iutmlm the Purchaser fmm any and all claims fan infringement by fawn of the use of such patented design, device, mammal or pmtss in connection with the contract, and shall indemnify the Purchaser for any fair, expense or damage which it may be obliged to pay by reason ofsuch management at any time during the Transaction or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is intoned, the Seller shall, al its own expense and tit its option, either, procure for the Purehmer, the right 1. continue wing said egvipmrnl or pans, nylice the same with substantially Out but aoainfringing equipment, or mash fy it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall became insolvent or inN:mpt, make an assignment for the benefit of una iters, appoint a receive, or trusfee for any of the Sellers property or business, this Order may forthwith be canceled by the Parehaser without liabiliry. 16. GOVERNING LAW. The definitions oflemv used or the mortification of the agreement and the rights of all panic hereunder shall h wowed under and governed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in cans whet the Seller is to perform work hereunder. including the services of Sellers Reprsomforive(s), on the prtmiaa ofol ica, 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellei s nun risk until the same is folly completed and accepted, and shall, in e of any uncidem, destruction or injury t the work oa&or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and In tire smisfuction Of the Purchaser. When materials and equipment if famished by others for ancillation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and became responsible therefor as though such materials andor equipment were being furnished by due Seller under the order. 18. INSURANCE. The Sella shall, at has own expense, provide for the payment Of workers compasalioo, including..,, m.] disease benefits, to its employees employed on in in connection with the work coverall by this purchase order, =&an to their dependents in accordance with the laws of the slate in which due weak is to be done. The Seller shall also carry commehensivc general liability including, but not limited to, conwcmal and automobile public liability inimara win bodily injury and death limits of al least 5300,009 for erase oar person, SSOg000 for any one accident and property damage limit per accident of 5400,00a. The Seller shall likewise acquire his contractors, if any, to provide for such compensation and inexurvince. Before any of she Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall famish the Purchaser whir a certificate that such compensation unit insumnce have been provided. Such emificams shall specify the die when such compensation and insurance have been provided. Such matificates shall specify the date when such conipensmian and insurance expires. The Seller, agrees her such compennium and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINS IACCIDENTS AND DAMAGES. The Seller hereby assumes the entire remamibility and liabiliry for tiny and all damage, loss or injury of any kind or reture whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase Order or in connection herewith. The Seller will indemnify and hold hamdeas the Purchaser and any r all of he Pfchasus omceas, agents and sumA., i, fmm and against any and all claims, losses, damages, charges or expenses, whether diner or malircet and whether to penmfs or pmperry to which the Purchaser may be put or subject by reason of my act, action, neglect, omission Or default on the pan of fire Seller, any of his contractors, or any of the Sellers or contrarmas ofrce, agent or employers. In rase any and or offer proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account in by reason of any act, action, negeert, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the deb thereof and to defend she same at the Sellers own expense, to pay any and all costs, chargars attomrys fees and other enpenus. any and all judgments that may be incurred 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 lirn be placed upon or obtained against the popery ofthe Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or intrinsic. The Seller and his contactors shall take all safety pmcautioon, furnish end instill all gads necessary for the prevention of accidents, comply with all laws and regulations will regard] to safety including, but without Initiation, the Occupational Safety end Health Act of 1970 and all area and rvgulotioon issued pursuant thereto. Revised 03n010