HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9956751Date: 11 /10/2009
City of
F6rt Collins
Page Number: 1
Purchase Order Number: 9956751
Delivery Date: 11/1l /�b09 v Buyer: HUME,JAMES
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT
2 each, Monroe MSV-144-84-50
Stainless Steel sanders
per quote #80972, Attn: Gary Werning
Dept: Streets; City contact: Jim Hume, 970-221-6776
Base price: $12,176
Options:
80972-4, -5, -6, -7, -8, and -10, -11, -12
Total price, each: $15,400.50
Total for two: $30,801
`"Note: Please. install stand leg attachments at factory.
City personnel wil install sanders on our trucks.
Total
.�.n R 0 &-Q-Q
City of Fort Cc)WinY Director of Purchasing and Risk Management
This order is rhahalid over $5000 unless signed by James B. O'Neill II, CPPO
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
30,801.00
$30,801.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Foil Collins is exempt fionn state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-0000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Starnes 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specificationm either when shipped or due m defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions Boa the City of Fort Collins.
Inspection. GOODS are subject tothe City of Fort Collins inspection on aniva
Final Acceptance Receipt of the merchandise, services or equipment in response to this order can result in authorized
payment on the part of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of Foil Collins, 700 Wood St., Foil Collins. CO 80522, unless
otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight hill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessarypermits, certificates and licenses required by all applicable
laws, regulations, ordinances and rules of the state, municipality, ten itory 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 tire 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 Imes, regulations, ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives it in fact, bona fide and possess till and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Or expressly limits acceptance to the team and conditions stated herein
set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference.
Any additional or different terms and conditions in by seller ;it objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence. Delivery and performaoe 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 ofparial late deliveries, shall operate as a waiver of this provision. In the event ofanydelay, 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 foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts
of God, acts of civil m military authorities, governmental priorities, fires, strikes, flood, epidemics. wars or riots
provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time
when the Seller first received knowledge thereof. In the event ofany such delay, the date ofdelivery shall be extended
for the period equal to the time actually lost by reason of the 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 the purposes intended, and pet toured
with the highest degree of care and competence in accordance with accepted stande ds for work of a similar nature.
The Seller agrees to hold the purchaser harmless from nny loss, damage or expense which the Purchaser may suffer or
incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good. without cost to the
purchaser, any defects or faults arising within one (1) year m within such longer period oftinhe as may be prescribed by
law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods
famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute 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 of any of the foregoing warranties or guarantees, but such
liability shall in no 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal terns, including additions tom deletions fi ont the
quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change
affects the amount due or the time of performance hereunder, all equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at anytime by written change order, terminate this agreement as to any or all portions ofthe goods
then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress
provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the
goods and/o work, for incidental or consequential damages, and that no such adjustment be made in favorofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the slate the change or termination is ordered.
S. COMPLIANCE WITH LAW.
The Selle warrants that all goods sold hereunder shall have been produced sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver
such documents as may be required to effect or evidence compliance. All laws and regulations required to 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 costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXVIII of the Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 of Article XX V I I I
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, for three yews.
9. ASSIGNMENT.
Neither pity shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fumished in
pefin trance of this agreement, flee and clear of any and all liens, restrictions, reservations, security interest
encumbrances and clams of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the team and conditions hereof, failure or delay to
exercise any rights of 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 of the design, shall not release the Seller of any of the
warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist
upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or
rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are
in filet borne bythe Purchaser. Theretofore, forgood cause and as consideration forexecuting this purchaseorder, the
Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired trader federal or state
antitrust laws for such overcharges relating to the paticular goods or services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
I f 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 indicates its inability or unwillingness to comply, the Purchaser may
cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs
associated with such work.
The Seller shall release the Purchaser and its contractor of any tier from all liability and claims of any nature resulting
fi our 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 directors,
officers and employees of such party.
The Seller's contractual obligations, including war'amy, shall not be deemed to be reduced, in any way, because such
work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material o process covered by letter, patent, trademurk or
copyright, the Seller shall indemnify and save harmless the Purchaser fi-om any and all claim fur infiingenrent by reason
of the use ofsuch patented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser for any cost. espense or danage which it maybeobliged to pay by reason of such infringement at any time
during the prosecution or after the completion ofthe work. In case said equipment, orally pat thereofer the intended
use of due 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 procure for the Purchaser the right to continue using said
equipment or pets. replace the same with substantially equal but non -infringing equipment, or modify it so it becomes
non -infringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, nuke an assignment fertile benefit ofcreditors, appoint a receiveror
trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terns used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and governed by the laws of the State of Colorado. USA.
'file following Additional Conditions apply only in cases where the Seller is to perform wm k hereunder, including the
services of Sellers Representative(s), on the premises of other. (
17. SELLERS RESPONSIBILITY,
The Seller shall cant' on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ere
of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
complete the work at Seller's own expense and io the satisfaction of the Purctuser. When materials and equipment ore
hunished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at
the site and become responsible therelbr as though such materials and/or equipment were being furnished by the Seller
under tlie order.
18. INSURANCE.
'I'he 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 work covered by this put clime order, and/or to their
dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with
bodily injury and death limits of at least S300.000 for any one person. $500.000 for any one accident and property
damage limit per accident of S400.000. The Seller shall likewise require his connectors, if any, to provide for such
compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the
premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have
been provided. Such certificates 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 insurance shall be maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting fiom the execution of the work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold ha nrless the Purchaser and any or all of
the Purchasers officers, agents and employees front and against any and all claims, losses, damages, charges or
expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject
by reason of any act, action. neglect, omission m default on the par of the Seller, any of his contractors, or any of the
Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the
Purchaser. or its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission
or deflult of the Seller of any of his contractors or any of its or their offices, agents or employees as aforesaid, the
Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and
all costs, charges, attorneys fees and other expenses, any and alljudgments 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 lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result
of such suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged bygiving bond
or otherwise. The Seller and his contactors shall take all safety precautions, furnish and install all guards necessary for
the prevention of accidents, comply with all laws and regulations with regard to safety including, but without
limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009