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HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9123164City of art Collins PURCHASE ORDER PO Number Page 9123164 10f2 This number must appear on all invoices, packing slips and labels. Date: 05/31/2012 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: 05/31/2012 Buyer: JAMES HUME Note: Line 1 amount to be paid via 2012A lease purchase Line Description Quantity Ordered UOM Unit Price Extended Price r Custom sign truck body 1 LOT EA 18,581.00 per quote 90519 2 Fleet share of purchase 1 LOT EA 17,000.00 Attn: Gary Werning Dept: Traffic Body to be mounted on a 2012 Isuzu NPR chassis which has been delivered to the Fleet Shop, 835 Wood Street, Fort Collins. Coordinate the mounting of the body with Joe or Eric at 970-221-6613. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill 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: Ice 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 exempt ions. By stamtc the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the furors 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 lam, failure to promptly notify the Seller in the event of a breach, the acceptance efor payment for goods hncundu or approval ofthe design. shall not release the Seller of Courts Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to b,frcl, of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in Transit, may be returned to you for credit and am not to be replaced except upon receipt of written purchaser to insist upon .strict perfomanee herenfor any of its rights or remedies as to any such;oods. regardless instructions from the City of Fort Collins. of when shipped. received or accepted, as to any prior of subsequent default hereunder, nor shall any purpnrtal oral ntodificatiou or rescission of this purchase order by the Purchaser operate as a waiver of any of the teas Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response In this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. anfla rizcd payment on the pan of the City of Fort Collins. Howevct. it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion afall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore for good cause anti 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 must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins CO R0522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular good or services otherwise specified on this ordee If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursunat 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 points in various parts of the country, shipment is If the Purchaser directs the Seiler to correct nonconforming or defective goods by a date to he agreed upon by the expected front the marest 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 tmwillingness in comply. the Purchaser shipments arc made from 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. Seller shall procure at sellers side cost all necessary permits, ref ifieeas and licenses required by all applicable Imes, regulations, ordinances and odes 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 agates to hold the City of Fort Collins hamleu from aad against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances. rates and rcquiremcna. Anthrrlmtion. All panics 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 Purchase Order expressly limits acceptance to the terms aad condition stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different tans and conditions proposed by seller ire objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to adve on your promised delivery, date as noted. Time is of the essence Delivery and Performance must be effected within the time stated can the prmhuse order and the documents attached hereto. No acts of the Purchasers including, without Iirinixtian, acceptance of patial late deliveries. shall operate as o waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option nfplacing this order elsewhere and holding the Seiler liable for damages. Hoscvcr. the Scllcr shalt not be liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond its reasonable control and withent its fault of negligence. such acts of God, acts of civil or military, aulhoritics. govcmmcntal prionlics, fires, striker, noted, epidemics, wars or riots provided that notice of the conditions cursing such delay is given to the Purchaser within pre (5) days of the time when the Scllcr 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 reason of the delay. 3, WARRANTY. The Seiler wmmnts that all goods. articles, materials and work covered by this order will confrrm with applicable drawings, specifications. samples and/or other descriptions given, will be fit for the porposcs intended, and performed with the highest degree of cam and competency in accordance with accepted standards for work of a similar nature. The Seiler agrcn to hold the purchaser harmless from any lass. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wvmnty. The Seller 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 he pmuribed by law or by the terms of any applicable warm my provided by the Seller afer the date of acceptance of the goods furnished hereunder (acceptance not to be unrcasonahly delayed). resulting from imperfect or defective work done or materials famished by the Seller. Accepancc or use of goods by the Pori shall not constitute a waiver ofany claim under this wamnty. Except is otherwise provided in this purchase order, the Scllcrs liability reminder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or goarantecs 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. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the tents. other than legal terms, including additions to or deletions from the quantities originally ordc¢d in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of pnformancc hereunder. an cquitxhle adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject la any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall nor be liable for any claims for anticipated profits on the uncompleted portion of the goods andfor work, for incidcri or consequential damages, and that no such adjustment he made in favor of the Scllcr with respect to any good which arc the Sellers standnrd stock. Ne seh termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hcreundn. 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 oamaa that all good sold hcreundn shall have been produced, sold. delivered and furnished in strict compliance with all applicable laws and regulations to w'hieh the good are subject. The Seller shall execute and deliver such documents as may he required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Scllrr agrees to indemnify and hold the Purehawr Inrmlcs.s 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 cam monies due or to become dic hereunder without the poor written consent ofthe other party. 10. TITLE. The Scllensmmat, fall, clear and unrestricted title to the Purchaser fine 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 Mothers. T'Itc Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the pnformancc 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 ofsueh party, One Seller'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 Purchoscr. 14. PATENTS. Whenever the Seller is required to use any design, device. material or process covered by letter, patent, trademark Or copyright, the Seller shall indemnify and save l madcss the Purchaser from 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 in pay by reason of such infringement at any time during the proseavion or after the completion of tar work. In case said equipment, or any pun thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of mid equipment or part 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 noninfringing equipment. or modify it so it becomes noninfra ing. 15. INSOLVENCY. If the Seller shall become insolvent or hnnkmpt, make an assignment for the benefit of creditors, appoint a rccciver or trustee for any of the Scllcrs property or business, this order may fnnhwith be canceled by the Purchaunvithout liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights ofall parties hereunder shall be construed undcr and govemed by the Imes of the State of Colomde, USA. The following Additional Conditions apply only in taus mhac the Seller is to perform work hereunder. including the sets ices cf Scllcrs Reprcsentative(s), on the premises afothers. 17, SELLERS RESPONSIBILITY. The Seiler shall carry on mid work at Seler's 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 arc famished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle mime at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. Ill. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit,. In its employees cntploycd can 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 wok is to be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and antomobile public liability insurance with bodily injury and death limits of at ]cast S300.000 for any one person. S500,000 for any one accident and property damage limit per accident of S4M1.000. The Seller shall likewise require his contractors, if uny, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any .work upon the premises ofolhers, the Seller shall furnish the Purchoscr with a ecnifieatc that such conrpatsation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance haws. been provided. Such certificates shall specify the date when such compensation and insumncc 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 Seller hereby assumes the entire responsihility and liability for any and all damage, loss or injury ofarry kind or nature wIoNucam to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Seller will indcmni fy and hold harmless the Pu rchrser and any r all of the Purchasers oRects, agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect, and whether to persons or pmperty, to which the Purchaser may he put 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 Sellers or contractors omccrs, agents or employees. In case any suit of other proceedings shall be brought against the Purchaser. or its effects, 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 or any of its or their omccrs, agents or employees is aforesaid, the Seiler hereby agtes to aaume the defense thereof and to defend the same at the Scllcrs own expense, to pay any and all costs, charges, attorney, fees and other expenses. any and all judgments that may be inxtrmel by or obtained against the Purchaser or any of its or their officers. ngcnts or employees in such suits or other Proceedings, and in case judgment or other lien he placed upon or obained against the porosity of the Purchaser, or said ponies in or as a result of such suits or other proceedings, the Seller will cat once case the same to he dissolved and discharged by giving bond or ntbcraisc. The Seller and his contractors shall take all safety precautions. furnish and install all guards necessary for the prevention of accidents, comply with all Imes 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 03/2010