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HomeMy WebLinkAbout380988 OSBURN ASSOCIATES INC - PURCHASE ORDER - 3215309Fort Collins PURCHASE ORDER PO Number Page 3215309 t of 2 This number must appear on all invoices, packing sli s and labels. Date: 01 /1312015 Vendor: 380988 Ship To: TRAFFIC OPERATIONS OSBURN ASSOCIATES INC CITY OF FORT COLLINS PO BOX 912 626 LINDEN STREET LOGAN OH 43138 FORT COLLINS CO 80524 Delivery Date: 01/13/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Sign Supplies 1 LOT LS 80,000.00 PER TERMS AND CONDITIONS OF MAPO AGREEMENT 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 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 exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98- 4502. Federal Excise Our Exemption Certificate of Registry 84-60W587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref Colorado Revised Starutes 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 are cast to be replaced except upon receipt of written instructions fmm the City of Fon Collins. Inspection. GOODS are subject to the City of Fan Collins inspection an arnval. Final Acceptance. Receipt of the merchandise, semices or equipment in response to this order can result in authorised payment on the part of the City of Fan Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be FQB.. City of Fan Collins, )W Wood St, Fan Collins, CO 90522, =less otherwise specified on this order. If permission is given to prepay freight and charge separately, fie original freight bill most accompany invoice. Additional charges for packing will Trot be accepted. Shipment Distance. Where manufacturers have distributing pains in various pans of fie country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted form Invoice when shipments are made from greater Enhance Permits. Seller shall procure at sellers ale cost all necessary permits, cenificates and licenses required by all applicable laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where Me work is Performed, or required by any other duly compound public authority having jurisdiction over fie cork of vendor. Seller further agrees to hold fie City of Fort Collins harmless from and against all liability and loss ccored by them by reason of an asserted or established violation of my such laws, neighbors, ordmem. tales adregwremmts. Aude rication. All parties to this contract agree that the representatives are, in fart, bona fide and possess full and complete authody to bind said pasties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to fie terms and conditions stated herein set botch and my supplementary or additional terms and conditions annexed hereto ot incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected w and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you owner make complete shipment W arrive an yew promised delivery date as noted. Time is offe essence. Delivery and per so mince most her effected within the time stated an fie purchase order and fie documents attached harem. No acts of the Purchasers including, without limitation, acceptance of partiil late deliveries, shill operate as a waiver of this provision. In fie event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, fie option of placing his order elsewhere and holding the Seller liable (or damages. However, the Seller shall not be liable for damages u.a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, proportional priontim, fires, strikes, flood epidemics, wars or nods provided that notice of fie conditions causing such delay is given to fie Purchaser within five (5) days of fie time who fie Seller fin received knowledge therm( In fie event of my such delay, fie date of delivery shall be extended for fie period equel to fie time actually lost by reason of fie 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 fie purposes intended, and performed with fie highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchsser harmless from my loss, damage or expense which fie Purchaser may suffer or incur on account of the Sellers breach of war awry. The Seller shall replace repair or make good, without cost to the purchaser, my defects or faults ansing within one (1) yeti or within such longer period of Man as may be prescribed by law or by fie arms of my applicable cco mry provided by the Seller after fie date of acceptance of the goods fumiahed hereunder (acceptance not be consistently delayed), resulting from imperfect or defective work done or ordinals furnished by fie Seller. Acceptance or use of goods by the purchaser shall not constitute a waiver army claim under this correctly Except m otherwise provided in fis purchase order,the Sellers or liability hereunder shall extend m all damages proximately caused fie breach of my offe foregoing RRANties guarantees, bed such liability shall in no event include loss of profifi ts loss of use. NO IMPLIED WARRANTY FITNESSA OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by wnmen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to fie terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMBNATIONS. The Parchaser may st any time by written change order, terminate this agreement m to any or all portions of de god fat not shipped, subject to any mailable adjustment between fie panic as to my work or materials then in progress pmMided now the Purchaser shall not be liable for my claims for anticipated profts =fie =wmpleted parrion offe goods and/or work, for incidental or conxqumtid damages, and that no such adjustment be made in favor of fie Seller with respect to my good whim we de Sellers standard snick. No such counterman shall relieve Me Purchaser or fie Seller of any of their obligations as to my goods delivered hereunder. 7. 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 worants that all good sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which fie goods arc subject. The Seller shill execwe and deliver such documents re may he required to effect or evidence compliance. All laws and regulations required w be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless man all vests and damages suffered by fie Purchaser as a result of fie Sellers failure to comply south such law. 9. ASSIGNMENT. Neither parry mall assign, owning, or convey this order, or my monies due or to become due hereunder without fie pnor written consent of fie other party 10, TITLE. The Seller warrants full, clear and unrestricted title to fie Purchaser for all equipment, maverials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, secunry interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, fail we or delay to exercisy rights or remedies provided herein or by law, reduce to promptly non fy fie Seller in the event of a reac bh �anMe acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of my of the warranties or obligations of this purchase order and shall not be deemed a waiver of my right of the purchaser m insist draw so-ict performance herraf or any of its rights or remedies as to my such goods, regardless of when shipped, received or accepted, as to my prior or subsequent default hereunder, nor shall my purported oral modification or rescission of this purchase order by the Purchmer operate w a waivet of my of die terms herecf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser ecognim that i wood economic practice, overcharges ulang from antitrust violations are in fact home by the Purchaser.Theretofonfor. cs good cause and as consideration for executing fix purchase order, fie Seller hereby aasigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or rare sndtrow laws for such overcharges relazing to the particular goads or services purchmed or acquired by fie Purchaser pursuantto this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If fie Purchaser directs fie Seller to comet nonconforming or defective goods N a daze in be agreed upon by fie Purchaser and the Seller, and fie Seller thereafter indicates its inability or unwillingness to comply, fie Purchaser may cause fie work to be performed by fie most exceditious mews available to it, and the Seller shall pay all cos. associmed with such work. The Seller shall release fie Purchaser and its contractors of my tier from all liability and claims of my aware resulting from the performance of such werk. This release shall apply mom in fie event of fault of negligence of fie pay released and shall emend to fie dussion. officers and employees of such party. The Seller's contractual obligations, including worrmry, shill not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. l4M1mever fie Seller is required to use my design, device, marginal or process covered by letter, parent, trademark or wpyngl the Seller shall indemnify and save harmless fie Purchaser from my and all claims for infringement by reason of fie use of such parented design, device, mmerial or process in connection with the contract and shall indemnify the Purchaser for my cost, expmze or damage which it nay be obliged to pay by. of such infringement at any time during the prosecution or after the completive of the work. In case said equipment, or my pan thereof or the im.ded use of the geode, is in such suit held m committee infringement and fie use of said equipment or pan is enjoined, fie Seller shall, at its awn expense and at its option, tither procure for fie Purchaser fie right to continue using said equipment or parts, replace fie same with substmaally equal but noninforging equipment, or modify it so it becomes wounfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for fie bmeSt of creditors, appoint a receiver or trustee for my of fie Sellers propem or business, *is order may frfwith be canceled by de Purchaser wifour liability. 16. GOVERNING LAW. The definitions of aeons used or fie interpretation orgies agreement and fie rights obeli panics herewder shall be construed under and govemed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including fie sgoicea of Sellers Represmtative(s), oa me premises ofofers. I). SELLERS RESPONSIBILITY. The Seller shall carry on card work at Sellels own risk trial fie same is fully completed and wmmodd and shall, in use of my accident, destmcaon or injury to fie work and/or materials before Sellels final completion and acceptance, complete fie work at Seilefs own expense and to fie satisfaction of fie Purchaser. When mammals and equipment are famished by others for installation or erection by fie Seller, fie Seller shoal receive, ordered, more and handle same at fie site and became responsible therefor as dough such mating, indoor equipmmt were being furnished by on Seller under fie order. 18. INSURANCE. The Seller shall, a his own expense, provde for the payment of workers compensation, including occtgratiorul disease benefits, to its employees employed on or in costa.. with rim work covered by his purchase order, and/or to their dependents in acmrdsoce with fie laws of fie mute in winch fie work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractud and automobile public liability Insurance wM bodily injury and death limps of m least $3W,000 for any one person, 55W,000 for any one accident and property, damage limit per accident of S400,00) The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of fie Sellers or his contractors employees shall do my work upon fie premises of others, the Seller shall furnish fie Purchaser with a certificate Oat such compensation and insurance have been proceed. Such cemficam shall specify the time whin such compemmion and insurance have hen provided. Such cerafiotes shall specify the date when such cooperation and insurance expires. The Seller agrees fat such compensation and insurance shall be mintained =tit after fie .tire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes fie entire responsibility and It ability for my and all damage, loss or injury of my kind or nature whatsoever on persons or property caused by or resulting from fie execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of fie Puroppers oEcam, agents and employees from and against my and all clams, losses, damages, charges or expenses, whether direct or indirect, and whether to persms or property w whim de Pwchaver may be put or subject by reason of my act action, neglect, omission or default art Me pan of fie Seller, my of his con=emrs, in my of fie Sellers or contractors mmems, agents or employees. In case my suit or other proceedings shill be brought against fie purchaser, or its olBcem. agents or employees at my time on account or by reason of my act action, neglect, emission or default of fie Seller of my of his contraction or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume fie deferese thermf and to defend fie 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 fie 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 fie property of fie Purchaser, or sdd parties in or as a result of such suiu or other proc tinge, the Seller will at once cause fie more to be dissolved and discharged by giving bond or oferwice. The Seller and his mnvactors fall take all safety precauaane. fivaish and moral all guard neossary for fie F .wan of accidents, comply with all laws and regulations with regard to safety inchadin& but without firm=ion the Occupmonal Safety and Health An of 1970 and d) rules and regulations issued porsumt Memo Revised o7/2014