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HomeMy WebLinkAbout110933 O J WATSON CO INC - PURCHASE ORDER - 9141695Fort Collins Date: 03/24/2014 Vendor: 109333 O J WATSON CO INC 5335 FRANKLIN ST DENVER CO 80216-6213 PO Number Page 9141695 1o13 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 03/24/2014 Buyer: DOUG CLAPP Note: State bid LP-2014A Line Description Quantity UOM Unit Price Extended Ordered Price 1 14' ALUM J&J DUMP BODY PER QUOTE #836274 dated 3/21/14 from Gary Werning 14ft J&J Alum. Dump body - $30,149.00 Hydraulic package - $28,014.00 Mud flaps - $253.00 Wausau MF5.4 snow plow - 27,623.00 Install spreader -$ 4,779.00 Wausau frt mount patrol wing - $14,539.00 Pintle plate - $ 2.146.00 Air controlled PH400 pintle - $435.00 (2) amber LED lights - $255.00 (2) blue LED lights - $372.00 Rear LED lights - $395.00 Couger body vibrator - $802.00 GL3000 Green laser light - $2,665.00 Back-up alarm - $75.00 Plow lights - $602.00 Weatherguard tool box - $642.00 Dept: Streets Contact: Ian or Eric 970-221-6613 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 1 LOT LS 113,746.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 City of art Collins PURCHASE ORDER City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 PO Number Page 9141695 2o13 This number must appear on all invoices, packing sli s and labels. Total Invoice Address: 113.746.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 3 of 3 1. COMMERCIALDEFAILS. Tax amorphous. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collator of Internal Revenue, Denver, Colomdo (Ref Colorado Revised Surfaces 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REIEC'I'ED due to failure to meet specifications, either when shipped or due to deRets of damage in frowit, may be rammed to you for credit and are not to be replaced except upon receipt of warren instructions fmm the City of Fort Collins. Inspection, GOODS are subject m the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order con result in authorized payment on the pan of the City of Fort Calif.. However, u as to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be P.O.B., City of Port Collins, 710 Wood St., Fart Collins, CO 80522, unless otherwise specified oa this order. If permission 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. Whom manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made fmm greater distance. Permits. Seller shall procure at sellers sole and all necessary permits, certifi.re and lic ss a required by all applicable laws, regulations, ordinances and roles of the stare, municipality, anna ry or political subdivision wham the work is performed, or required by any other only constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins haamless from and against all liability and loss inured by than by reason of an asserted in atiblisheJ violation of any such laws, regulations, ordinances, mlca and requirements. Authorization. All parties to this contract agree Out the representatives are, in fact, bore fide and possess PoII and complete authority to bind said p min. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance m the terms and conditions small herein set forth and any supplementary or additional terra and condition' Wwxed hereto or inmrporatM herein by reference. Any additional or different terms and conditions purposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m move 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 of ffis provision. In the event of any delay, the Nmhma shall have, in addition to other legal and equitable remedies, the option of placing 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 comes not rtawmbly fornttable which are beyond its reasonable rontml and without its fault of negligence, such ads of God, acts ideivil or military authorities, governmental priorities, fires, strikes, Bond, epidemics, wars or not, provided that notice of the coMitimss .using such delay is given m the Purchaer within fee (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the dote 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 foots, articles, materials and work covered by this order will ronfomt with applicable drawings, spwifiestions, samples and/or offer dacriptimu given• will be fit for the purposes intended, and performed with she highest degree of care and competence in mcordance with accepted smadva s for work of a similar nature. The Sella agrees to Sold the purchaser harmless, fmm my loss, damage or expense which the Purchaser may suffer or farm on account of the Sellers breach c f wamsary. The Sella shall replace, repair or make good, without rest to the purchaser, any defects or faults arising within one (1) year or within such longer period of rime as may be prescribed by law or by me terms ofany applicable warmnly provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperf t or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, me Sellers liability hereunder shall extend to all damages proximately coined by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include Ins 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 team by warren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the leans, 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 damage affects the amount due or the time of perfa rreare hereunder,. quimble adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by warren change order, terminate this agreement as to any or all pordos, of the goofs then not shipped, subject to my equitable adjustment between the manias a to any work or materials then in progress Provided that be Purchaer shall nor be liable for any claims far antiripmed profits on the onwmpleled portion of the goods and/or work, for incidental of nown,anial damages, and that no such adjustment to made in favor of the Seller with respect to any gse h, which are the Sellers smndad track. No such nomination shall releae. the Purchaser or the Seller ofany oftheir obligations as to any goods delvered heramda. J. CLAIMS FOR ADJUSTMI:NI'. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW, The Seller waaaants that all growls sold hereunder shall have been pmdoad, sold, delivered end famished in strict compliance with all applicable laws and regulations a which the goods are subject. The Seller shall execute and deliver such documents as maybe original to offer, o evidence compliance. All laws and regulation acquired b be ncorpoaimd N agrarram. of this character are hereby incorporated herein by this refrenee. The Seller agrees to indemnify and hold the Purchaser haamlas from all costs and damages suffered by the Purchaser in a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior wriuen consent ofthe other party. 10. TITLE. The Seller samurai full, clean and unmanned title to the Pardoner for all equipment, materials, and items f ished in Performance of this agreement, f said clear of any and all lieu, resuictioa, rnmutioa, security interest encumbrances sad claims o f others. 11. NONWAWER. Failure of the purchaser to insist upon strict performance of the lean and conditions hereof, failure or delay to exercise any rights or remedies provided Incom or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the 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 hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as many prior or subsequent default he smarm , nor shall any purported am[ modification or rescission of this purchase order by the Pumhaner operate as a waiver of any of the tenses hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser magnve that in acmal economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase under, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state in trust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser Diamond to this purchase order. 13. PURCI LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser sirens the Sella to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and the Sella, and the Seller theeaRer indicates its inability or um dllingness to comply, the Purchaser may cause the work to be perfomred by the moss expeditious means available as it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any for from all liability and claims of any nature resulting from the performance ofsuch work. I his 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 Settees conformal obligations, including wamnly, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchsser. 14. PATENTS. Whenever the Seller 0 required mere my design, device, material or process covered by lever, patent rademark or copyright. the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the we of such patented design, device, material or process in connection with the common, and shall indemnify the Purchaser dot any cost, expense or damage which it may be obliged to pay by reason of such iafri Wareat at any time during the prosecution or after the completion of the work. In case said equipment, or any part thereof or the intended use of the goads, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Sella shall, at its own expense and at its option, cimer procure for me Purchaser she right to continue using said equipment or Wrts, replace the same with substantially gnal but maninfringing equipment, or modify it so it becomes noninfdnging, 15. INSOLVENCY. If the Seller shall become insolvent or bankmpt, make an ussigmnent for the benefit of crodhors, appoint e 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 off. used or the interpretation of the agreement and the rights of all parties hereunder shall be anatme l under and governed by the laws ofthe State ofColorado, USA. The following Additional CmWitimss apply only in cues where for Seller is to perform work hereunder, inaluding the socamesof Sellers Regramuctive(sk widespread. ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers awn risk until the same is Polly completed and accepted, and shall, in case of any accident, distinction 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 iamllation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished 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 benefits, to its employees employed on in in connection with the work covered by this purchase order, and/or to their dependents in ac ndence with the lass of the state in which the work is to be done. The Seller shall also carry comprchmmive geneml liability including, but not limited to, command and automobile public liability insurance with bodily injury and death limits of at limit 5300,000 far any one person, 5500,000 for any one widen and property damage limit per accident of 5400,000. The Seller shall likewise rescie his containers, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors ,.,doyen shall do any work upon the premises of others, the Seller shall donnish the Purchaser with a wnificom Out such compensation and insurance have ban provided. Such cenificams shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expire. The Seller agrees that such compenaaion and insurance shall be maintained until after me .'no work is compined mad accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby asumes the entire nopoaibilay and liability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purclmse order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Pumhasers edition, agents and employees from send against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether on persons or property to which the Pmchuer may be put or subject by reawn of my act, notion, neglect, omission or default on the part of the Sella, any of his contractors, or my of the Sellers or contmcteaa, officers, agents or employees. In case any suit or offer proceedings shall W brought against the Purchases, or its officers, agents or employees of my time on annual or by reason of any if action. neglect omission or default of the Sella of any of his mntmnars or any of its or their oRcers, agents or emplay. a of said, the Seller hereby agrees in asume doe defense thereof and to defnd the same an the Sellers own expense, to Pay my and all costs, chergn, a0omeys fees and other expenses, any and all judgments that may be incurred by or obtained Waiter the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or offer Into be placed upon or obtained against he property of the Purchaser, or said parties in or as a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and install all guards necessary for the prevention of occidents, comply wits all laws and regulations with regard to safety including, but without limitation, the Ocmpational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereat. Revised 03n010