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HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9122652City of art Collins Date: 05/07/2012 Vendor: 109333 O J WATSON CO INC 5335 FRANKLIN ST DENVER Colorado 80216-6213 PURCHASE ORDER PO Number Page 9122652 1of2 This number must appear on all invoices, packing slips and labels. Ship To: FLEET SERVICES - MAIN SHOP CITY OF FORT COLLINS 835 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 05/07/2012 Buyer: JAMES HUME Note: 2012A lease purchase Line Description Quantity UOM Unit Price Extended Ordered Price Steel flatbed Quote #82107 1 LOT EA Attn: Gary Werning Dept: Traffic Coordinate flat bed configuration with Britney Sorenson, 416-2268 Flatbed to be mounted on a 2012 Chevy 350OHD chassis on order from Dellenbach Chevrolet, Fort Collins. City Fleet Shop personnel will schedule the installation. Contact: Joe Lucero, 416-2477 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 Invoice Address: 23,610.00 $23,610.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Ternis 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 99-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000597 is registered with the Collector of Internal Revenue. Denver. Colorado (Ref. Colorado Revised Statures 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 not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the isms and conditions hereof, failure or delay to exercise any rights or remedies pmvided herein or by law, failure to pastorate notify the Seller in the event of a brach, the acceptance ofor 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 of the purchaser to insist upon strict performance liconfor 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. not shall anyPurported end modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, .cervices 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, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion craft applicable required inspection procedures. violations are in fact home by the Purchaser. 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 Terns. Shipments most be F.O.B., City of Fort Collins, 700 Wood Sr. Fort Culling, CO 80522. unless acquired under federal or state mmitmsl laws 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 Purchnscr 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 manafaemrcrs have distributing points in various parts of the country, shipment is Tribe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will be deducted front Invoice when Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance, may cause the work to be perfomtcd by the most expeditious means available to it, and the Seller shall Pay all costs asxucirtcd with such work. Permit.. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state, municipality, territory 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 held the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, onlinances. rules and requirements. Antherix tien. All parties to this contract agree that the representatives are. in fact bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This racehorse Order expressly limits acceptance to the teats and conditions stated herein set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or different tenors and conditions pmposed by seller 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 of the essence. Delivery and performance 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 of partial late deliveries, shall operate as a waiver of this prevision. In the event of any dclav, the Purchaser shall have, in ndditien to other legal and equitable remedies. the option nfplacing this order elsewhere and holding the Seller liable for damages. However, the Scllcr 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 acts of God, acts ofeivil or military authorities. governmental priontica, fires, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within Ewe (5) days of the time when the Seller first received knmeledge 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 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 perforated with the highest doome 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 of the Sellers breach of waaenty. The Seller shall replace, repair or make good. without cost to the purchaser. any defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty Provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a wwiwer ofany claim under this warranty. Except as otherwise provided in this purchase order, the Sellers lability hereunder shall extend to all damages proximately caused by the breach ofany critic foregoing warmnties or guarantees. but such liability shall in no event include loss of profits or loss cruse. 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 quantities originally ordered in the specifications or drawings. by verbal or .written change order. If any such change aflcds the amount due or the time ofperfermance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written chance order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment betwxen the panics as to any work or materials then in progress provided that the Purchaser shall not he liable for any claims for anticipated profits ran the uneemplcted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers standard stock No such termination shall relieve the Purchascror the Seller ofany' of their obligations as to any goods del is cred hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adirmtent most be asserted within thirty (30) days from the date the change or Icmunation is colored. 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 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 ofthis 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 Pnrehascr as a result of the Sellers 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 hereunder without the prior written consent ofthe other party. 10. TITLE. The Seller warrants full. clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfcmtance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofcthc,,. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the perfomtanee ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors. officers and employees of such party. The Scllcr', 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 ruse any design, device, material or process covered by letter, 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 damnge 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 equipmcnl, or any partthereof or the intended use of the goods, is in such snit 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 noninfringing equipment, or modify it so it becomes noninfria Bing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or 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 tams used or the interpretation efnce agreement and the rights ofnll parties hereunder shall be construed under and governed by the lams ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is in perfecto work bmeundeq including the services of Sellers Rip resentative(s), on the premises ofethers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, destn¢tion or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment ore furnished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle saute ut the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. INSURANCE. The Seller shall, at his own expense, pmvide 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 to their dependents in accordance with the Imes 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 rat least S300,WO for nny 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 Sellers or his contractors employees shall do any work neon the anent ises 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. Stich certificates shall specify the drat when such compensation and insurance expires- The Scllcr agrees that such comp nisatien and insurance shall be maintained until a0er the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind manure whmscever to persons or property cased by or resulting fmm the execution of the work pmvided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers omccrs, agents and eroplovecs fmm 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 ofany act, action, neglect, omission or default on the part 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 ofTecn, agents or employees at any time on account or by reason ofany act, action, neglect, omission or default of the Seller ofany of his contractors or anv 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 Purchnscr, or said parties in or as a result 0f stch snits or ether proceedings. the Scllcr will at once cause the same to be dissohxd and discharged by giving bond orotherwise. The Seller and his contractors shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents, comply with all hams and regulations with regard to safety including, bar without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued Pursuant thereto. Re,iscd 03/20I0