HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9122603PURCHASE ORDER PO Number Page
City Of^ 9122603 1 of z
F6r} Collins
i ns This number must appear
,�—J`'- ` " 1 1�7 on all invoices, packing
slips and labels.
Date: 05/03/2012
Vendor: 109333
O J WATSON CO INC
5335 FRANKLIN ST
DENVER Colorado 80216-6213
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS Colorado 80521
Delivery Date: 05/03/2012 Buyer: JAMES HUME
Note: 2012A lease purchase
Line Description Quantity UOM Unit Price Extended
Ordered Price
Crysteel GM5500 ETIP 1 LOT EA 7,972.00
per quote 82145
Furnish & install body as quoted, plus add a pulltarp, $489
2 Monroe MD-104450 V-Box
per quote 82197
furnish & install spreader, plus add Mounting kit, $142.
Attn: Gary Werning
1 LOT EA
Dept: Parks
Body and V-box spreader to be mounted on unit 2454, a 1990 Chevrolet C70,
single axle dump truck.
Deliver completed unit to the Fleet Main Shop, 835 Wood Street, Fort Collins
221-6613
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by James B. O'Neill ll, 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
Invoice Address:
6,372.00
$14,344.00
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,
Tnx exemptions. By statute the City of Fort Collins is exempt from state and local uexax. Our Exemption Number is
994 502. Federal Excise Tax Exemption Certificate of Rcgis ry 84-(At10587 is rcgistercd 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, cilher when shipped or due to defects of
damage in transit, only be returned to you for credit and arc not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival,
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance addle term and conditions hereof, failure or delay to
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 hereunder or approval ofthe design, shall not release the Seller of
any of the warmmies or obligations of this purchase order and shall not be doomed a waiver of any right of the
purchaser to insist upon strict performance herack any of its rights Or remedies as to any such good,, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pinpointed
nil modification or rescission of this purchase order by the Purchaser climate 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 oa the part of the City of Fort Collins. Hmveveq it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges 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
purchase ender, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments must be F.O.R., City of Fort Collins. 760 Wood St, Fell Collins, CO 80522. unless acquired tinder federal or slate antitrust Imes for such overcharges relating 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 acquired by the Purchaser pursuant to this purchase under.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where manufacturers have distributing points in various parts 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 unrest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser
shipments arc made fmm greater distance. 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.
Permits Scllcr shall procure at sellers sole cost all necessary permits, certificates and licenses required by all
applicable Imes, regulations, ordinances and nik s of the state, municipality, territory at 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 the City of Fen Collins harmlec from and against all liability and loss
incurred by Them by reason of an asserted or established violation of any such laws, regulations, ordinances, mlcs
.ad requiremcnts.
Authorin Lion. All panics to this contact agree that the representatives are. in fact, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set forth and any supplementary or additional teats and conditions annexed herein or incorporated herein by
reference. Any additional or dif(crcnt terms and conditions proposed by Scllcr arc 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 most be 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 of this prevision. In the event ofany delay,
the Purchaser shall have, in addition to other legal and equitable rcmcdies, the option ofplacing this order elsewhere
and holding the Seller liable for damages. However. the Sella 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 of negligence,
such act, of Ged. acts ofcivil or military authorities, governmental pnonties. Ems. 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 of any such delay, the data of delivery shall be
extended for the period equal to the time actually lost by mason ofthe 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
performed with the highest degree of care and competence in accordance with accepted standards for work Of,,
similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers branch of wmmnry. The Scllcr shall replace, repair or make
good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by raw or by the terms ofany applicable warranty provided by the Scllcr aRcr the date of
acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect
or dcfattive work done or materials famished by the Seller. Acceptance or use of goods by the Purchascr shall not
constitute a waiver ofany claim under this warranty. Except as othcievisa provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach ofany addle foregoing wamntics
or guarantees, but such liability shall in no event include loss ofpmfits 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 terms. other than legal terms. including additions to or deletions from
the quantitica originally ordered in the specifications or dmwings, by verbal or written change order. If any such
change affects the amount due or the time of perfommance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchascr may at any time by written change order, terminate this agreement as to any or all portions of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progress povided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted
portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor o(thc Seller with respect to any goods which arc the Sellers standard stock. No such termination shall rclicvc
the Purchaser Or the Seller ofany oftheir obligations as to any goods delivered hercunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is
ordered.
S. 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 c, idcrac compliance. All laws and 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 hsrmless from all costs and damages suffered by the Purchaser as a result of the
Scllcrs failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hcmanda without the
prior written consent of the other party.
10. TITLE.
The Seller warms full, clear and unrestricted tide to the Purchascr for all equipment, materials, and items famished
in performance of this agreement free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
The Seller shall release the Purchaser and its contractors of any lice fmm all liability and claims of any nature
resulting Firm the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
directors, of iecm and employees ofsuch party.
The Seller's contractual obligations, including warranty, shall not be doemed to be reduced, in any way, because
such work is performed or caused to be perforated by the Purchaser.
14, PATENTS.
Whenever the Seller is required to use any design, device, material or pok covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save hamiless the Purchaser Firm any and all claims for infringement
by reason of the use of such patented design, device, material or pmccss in connection with the contract, and
shall indemnify the Purchaser totally cost. expense or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution 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 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
nonin(ringing equipment or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankmpt make an assignment for the benefit of creditors, appoint a
receiver or trustee for any of the Seller, pmperty or business, this order may forthwith be canceled by the
Purchascr without liability.
I6. GOVERNING LAW,
The definitions oficrms used or the interpretation ofthe agreement and the rights ofall panics hereunder shall be
ton#rued under and governed by the laws ofthe State of Colomdo, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the senices of Sellers Represcmative(s), on the premises ofothers.
17. SELLERS RESPONS 1131 LITY.
The Seller shall carry on said work at Sellers own risk until the some is fully completed and accepted, and shall.
in case of any accident, destruction or injury to the work and/or materials below Seller's final completion and
neccpmnce. complete the work at Sellers own expense and to the satisfaction ofthe Purchascr. When materials
and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload.
store and handle same at the site and boanmc responsible therefor as though such materials and/or equipment
were being famished by the Seller under the order.
19. INSURANCE.
The 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 purchase order.
and/or In 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 ofin least S300.000 for any one person. S500.000 for any
one accident and property, 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 Scllcr, or his contractors
employees shall do any work upon the premises ofathers. the Seller shall furnish the Purchaser with a certificate
that such compensation and insvmnoe have been provided. Such certificates shall specify the date when such
compenaation and insurance have been provided. Such ecrtifieatc,s shall specify the darn when such ennipcasmion
and insurance expires The Seller agrees that such compensation and insurance shall be mainmined until after the
entire work is completed and accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ass Tics the entire responsibility and liability for any and all damage, loss or injury ofany kind
car nature 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 suit hold harmless the Purchaser and any
or all of the Purchasers officers, agents and employees from and against any and Al claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Punchiest may
be pat or subject by reason of any act, action, neglect, omission or default on the par of the Seller, any of his
contractors or any of the Sellers or contractors officers, agents or employees, In ease any suit or other
proceedings shall be brought against the Purchascr, or its officers, agents or employee at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contactors or 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 cat the Scllcr, own expense, to pay any and all costs, charges, attorneys fees and other expenses.
any and all judgments that may be insured by or obtained against the Purchascr 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 ofthe Purchascr, or said panics in or as a result ofsuch suits or other proceedings.
the Seller will at one cause the same to be dissolved and discharged by giving bond orouhenviw. 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
Omupalional Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto.
Revised 0312010