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HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9120688 (2)PURCHASE ORDER PO Number Page City of PURCHASE 9120688 , of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 02/03/2012 Vendor: 109333 Ship To: STREETS DEPARTMENT O J WATSON CO INC CITY OF FORT COLLINS 5335 FRANKLIN ST 625 NINTH STREET DENVER Colorado 80216-6213 FORT COLLINS Colorado 80524 Atbn: G&3 Wivft V Delivery Date: 02/01/2012 Buyer: JAMES HUME Note: Line Description Quantity Ordered UOM Unit Price Extended Price 80"X102" flatbed 1 LOT LS 3,133.00 Installed per quote 81982, Attn: Gary Werning Dept: Streets Flatbed will be mounted on a Chevrolet 250OHD pickup, regular cab, 2wd, on order from Dellenbach Chevrolet. PO amended 2-2-12. C3. Oi'l�sQ�- 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 Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing@fcgov.com Total $3,133.00 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. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Pedant Excise Tan Exemption Catificzte of Registry R4-6000587 is registered with the Collector of Failure of the Pumhascr to insist upon strict performance of the toms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hattmder or approval ofthe design, shall not release the Seiler of Goods Rejected, GOODS REJECTED due to failure to meet spccificatime. either when shipped or due to dcfces of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mourned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon .Strict performance hercofor any arias rights or remedies as to anv such goods, regardless instructions from the City of Fort Collins, of when shipped, received cr ocaped, as to any prior or subsequent default hereunder. nor shall any parroted oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 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 pan 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 antimst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures, violations arc in fact borne by the Purchases Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless required! under federal or state antitrust Imes for such overcharges relining to the particular goods or services otherwise specified on this order. If Permission is given to prepay freight and charge separately, the original freight purchased or required by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing paints in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted firm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be perfotncd by the most expeditious means mailable to it, and the Seiler shall pay all costs associmcd with such wvork. Permits. Seller shall procure at sellers sale cast all necessary permits, certificates and hansa required by all applicable laws, regulations, ordinances and miss of the state, municipality, territory or political subdivision wham the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sally further agrees to hold the City of Fort Collins hamlcss from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinanecs, cults and requirements. Authorization. All panics to this contract agree that the representatives arc. in fact bona ode and possess fall and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions stated herein set forth and any supplementary or additional tams and conditions annexed hereto or incorporated herein by reference Any additional or different tams and conditions proposed by seller arc objected m 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 critic mon,c. Delivery and performance most be effected within the time stated on the purchase order and the documents touched hereto. No eves of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies the option afflicting this order elsewhere and holding the Sella liable for damages. Hoom a. the Sella shall not 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 ofGod. act, ofeivil or military authorities, governmental priorities. fires strikes Dad, 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 Sella for 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 reason of the delay. 3. WARRANTY. The Seller warms that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, mill be fit for the purposes intended, and Performed with the highest degree of ore and competence in accordance with accepted standards for work of a similar nature The Seller agrar to hold the purchaser hamlcss from any loss damage or expense which the Purchases may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser. any reflects or faults arising within one (1) year or within such longer period of time as no v be prewribed by pew, or by the tams of any applicable wamnty provided by the Set let aPer the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work don, or mammals famished by the Seller. Acceptance or use of goods by the Purchaser shall nod constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order. The Sellers liability barunda shall extend to all damages proximately caused by the breach of any of the foregoing wamntics or guarantees. but Stich liability shall in no event include loss of profits or loss of usc. NO pod PLI ED WARRANTY OR MERCHANTABILITY OR OF FITN FSS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 terms, including nMiticns to or delclions from the quantities originally natured in the specifications or drawings, by verbal or arisen change enter. 11 any such change affects the amount due or the time of,performance hereunder, an equitable adjustment shall be made. b. TERMINATIONS. The Purchaser may at any time by written change order. laminate this agreement as to any or all romans of the good 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 profit., on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony 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 lamination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good 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 hacin by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss from all costs and damages suffered by the Purchnecr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, ranter, or convey this order, or any monies due or to become clue hereunder wilhout the prior written consent of the other parry. 10. TITLE, The Seller wants full, clear and unrestricted title to the Purchaser for all equipment material IS. and items furnished in performance of this agreement, free and clear of any and all fiats, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier fmrri all liabi [try and claims of any nature resulting from the performance ofsuch work. s This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. oRcers and employees of such pany. The Sella's contractual obligations, including warranty, 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 or process covered by letter, patent, trademark or copyright the Sellashall indemnify and Savo harmless the Purchaser from any and all claims for infringement by reason of the use of such Palatal design, device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost expense at damage which it may be obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment. or any pan thercMor the intended 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 procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nominfringing equipment, or modify use it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall became insolvent or hankmpt make an assignmcnm for the benefit of creditors, appoint a recover err 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 aficrms used or the interpretation ofthc agreement and the rights ofall panics hacunder shall be construed under and governed by the laws ofthc State of Colorado USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprcsentatiec(s), on the premises urethras. 17. SELLERS RESPONSIBILITY. The Sellashall carry on said work at Scllcrs own risk until the same is fully completed and accepted, and shall, in case 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 to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or caution by the Seller, the Seller shall receive. unload. store and handle same at the site and become responeiblc therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE, The Seller shall, at his own expense. provide for the payment of workers compensation, including occupational disease benefim 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, commercial and automobile public liability insurance with bodily injury and dcmh limits of m least S300,00o for any one person, 5500.uou for any one accident and pmpery, damage limit per accident of S400,000. The Seller shall likewise require his contractors, 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 Mothers, the Seller shall famish 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 ccnificatcs 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 assumcS the atim rcsr asihility and liability for any and all damage, lass or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection hacwith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers otfieers, agents and cmplevecs from 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 pal or subject by reason of any act, action, neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellars or contractors officers, agents or employees. In case any suit or other proceedings shall he brought against the Purchaser, or its officers, agents or cmpfoyccs at any time on account or by reason of my act, action, neglect omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Scllcr 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, at said panics in or as a result of such suits occulter proceedings, the Scllcr will at once cause the.same to he dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall also all safety prcerutions, furnish and install all gads 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 mles and regulations issued pursuant thereto. Rcvi.,ed 0b/2010