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HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9120106PO Number Page City of PURCHASE ORDER 9120106 1 of z FortFort Collins This number must appear on all invoices, packing slips and labels. Date: 01/06/2012 Vendor: 109333 Ship To: FLEET SERVICES - MAIN SHOP O J WATSON CO INC CITY OF FORT COLLINS 5335 FRANKLIN ST 835 WOOD ST DENVER Colorado 80216-6213 FORT COLLINS Colorado 80521 Delivery Date: 01/06/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price Blanket order to 1 LOT LS 3,000.00 cover the cost of miscellaneous parts for fiscal year 2012. All deliveries shall be made upon request of City Parts department only. All deliveries to be accompanied by an invoice or packing slip. This purchase order is for the procurement of goods and/or services, as needed during the current fiscal year. Dollar amounts specified are estimates and not a promise to purchase any minimum amount of goods and/or services. 2 Credit 1 LOT LS-500.00 Total $2,500.00 Invoice Address: City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local cases. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84.((100587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 hamsit, may be returned to you for credit and arc not to be replaced except upon receipt of written insmuctinns fmm the City of Fort Collins. Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or dclav to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance of or payment for goods hereunder or approval ofthe 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 or the purchaser to insist upon strict performance hercofor any ofm rights or remedies as to any such gratis. regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any imported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the leans hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. 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, memharges resulting fmm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchaser, Theretofore, for good cause and as consideration for executing this purcham order the Seller hemb assi s to the Purchaser an a d II 1 . h Freight Terms. Shipments must be F.O.K. City of Fort Collins. 7110 Wood Sr, Pon Collins, CO 80522, unless otherwise specified on this order. If pemtission 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 various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments not made fmm greater distance. Pcmmits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and roles ofthe state, municipality, territory or political subdivision where the work is perforated, or required by any other duly constituted public authority havingjurisdiction over the work of vendor. Scllcr father agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an assectcd or established violation of any such laws, reghdations, ordinances. talcs and requiremcals. lh Aunnzation. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said patties. ess LIMITATION OF TERMS. This Purchase Order exprly limits acceptance to the terms 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 toms 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 arrive on your promised delivery date as noted, Time is ofthe essence. Delivery and performance must he 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 ofthis prevision. In the event of any delay, the Punctuate aser shall have, in addition to other legal and equitable remedies, the option ofpincing this order elsewhere and holding the Seller liable for damages. Hoverer. the Seller shall can be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God. acts ofcivil or military authorities, governmental priorities, fires, strikes, Bond, 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 of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthe delay. 3. WARRANTY. The Seller contracts that all goods, anieles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warrunry. The Seller shall replace, repair or make good, without cost 1. the Purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be presented by law or by the (cams ofany applicable warmnN provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect use or defective work done or materials famished by the Seller. Acceptance or e 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 liabil iry hereunder shall extend to all damages proximately caused by the breach of any of the foregoing isarear iex or guarantees. bra such liability shall in no event include loss ofpmfits or loss ofuse. 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 terms, other than legal temps, including additions to or deletions from the quantities originally ordered in the speeifiearicns or dmwings, by verbal or wrincn change order. If nnv such change affects the amount due or the time ofperfomtance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, laminate this agreement as to any or all fractions of the card then not shipped, subject to any equitable adjustment between the panics 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/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Scllcr with respect to any good which arc 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 date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller 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 arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws acid regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify, and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result ofthe Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent ofthe other parry. if. TITLE. The Sclicrsvamants full, clear and unrestricted title to the Purchaser for all equipment. materials. and items Famished in performance of this agreement. free and clear of any and all liens, restrictions, rexco mians, security interest encumbrances and claims of others. y gn. y a a cams rt may now aec or hereafter acquired under federal or state antitrust Inws for such overcharges relating to the paiieular 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 m correct nonconforming or defective goods by a date lobe agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability arunwillingness to comply, the Purchases may cause the work to be performed by the most expeditious means available to it. and the Seller shall pay all casts associated w ith such work. The Seller shall release the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the performance ofsuch 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 ofsuch party. The Sellers committal obligations, including wamnry, shall not be deemed to be reduced, in any way, because such work is perforated or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by Icncr, patent. trademark or copyright, the Seller shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such i n Ghngcmcut at any time during the prosecution or after the completion of the work. In case said equipment, or any pert themaf or the intended use of the goods, is in such suit held to constitute in mingement 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 parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes nomnfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the beacfit of creditors, appoint a receiver or trustee for any of the Scl lers poperty, or business this order may fnnhw i th be canceled by the Purchaser without Iiabilite. 16. GOVERNING LAW. The definitions of lams used or the interpretation ofine agreement and the rights of all panics hereunder shall be construed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in eases where the Seller is to perform work hereunder. including the services of Sellers lepresentative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the some is fully completed and accepted, and .shall. in ease of any accident. destnation or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the .site and become responsible therefor as though each materials and/or equipment were being furnished by the Seller under the order. I S. INSURANCE. The Scllcr shall, at his own expense pmvidc far the payment in -workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase 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 Iinh its of at least S}00.000 for any one person. S5o0.o00 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his commctors, 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 ofnthcrs, the Seller shall furnish the Purchaser with a ecnificatc that such compensation and insurance have been provided. Such eenificates shall specify the date when such compensaion and insurance have been provided. Such certificates shall specifv the dme when such compensation and insurance expires. The Scllcr 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 Scllcr hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons or property caused by or msul ing fmm the execution ofthc work pmvidcd for in this purchase order or in connection herewith. The Scllcr will indemnify and hold harmless the Purchaser and any or nil of the Purchasers officers, agent and employees fmm and against any and all claims, Insets, damages, charges or expenses, whether direct or indirect, and whether to persons or property, to which the Purchaser may be put or subject by rrnson of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors. or any of the Scllcrs 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 default of the Seller of any of his contractors at any of its or their officers, 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 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 lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings, The Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Seiler and his contractors 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 mice and regulations issued pursuant thereto. Revised 03/2010