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HomeMy WebLinkAbout109333 O J WATSON INC - PURCHASE ORDER - 9141696Fort Collins Date: 03/24/2014 PURCHASE ORDER PO Number Page 9141696 1°f2 This number must appear on all invoices, packing sli s and labels. Vendor: 109333 Ship To: STREETS DEPARTMENT O J WATSON CO INC CITY OF FORT COLLINS 5335 FRANKLIN ST 625 NINTH STREET DENVER CO 80216-6213 FORT COLLINS CO 80524 Delivery Date: 03/24/2014 Buyer: DOUG CLAPP Note: quote LP 2014A Line Description Quantity UOM Unit Price Extended Ordered Price (2) Schmidt Statos Spreaders 1 LOT LS 112,150.00 Per Quote #8000-14-0177-1 dated Feb. 5, 2014 from Josef Seiler Aebi Schmidt International AG - STRATOS B 70 (42) stainless steel $53,575.00 each freight -$ 5,000.00 Dept: Streets ref. Dump Body Po# 9141695 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@fogov.mm Total Invoice Address: 12,150.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form slate end local taxes. Our Exemption Number is 9804502. Federal Excise Tax Exemption Certifcare of Registry 84.600058) is registered with the Collector of Interred Revenue, Denver, Colorado Ui Colorado Revised Statutes 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, maybe returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS are subject o the City of Fort Collins inspection on ended, Final Acceptance. Receipt of the merchandise, services or equipment in response to this order tun result in authorized Payment on the pan of the City of Pon Collins. Ilowever, it u to be understood that FINAL ACCEPTANCE is daps ndem upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins,'/00 Wood St, Fort Collins, CO 80522. unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for pocking will no, be awepted. Shipment Distance. Where manufactures have distributing points in hrimus pans of the coualry, shipment is expected Tom the maned distribution point In destination, and excess freight will be doductod form Invoice when Shipments are made form greater distance. Prnnits. Sella shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules arable state, municipality, territory or political subdivision where the work is performed, or required by any other duly cosy iwtN public authority laa rm,jurisdiaion over the work of vendor. Seller fuller agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Aulhonsotian. All parties to this contract agree that the represenenives are, in fact, bona fide and possess full and complete authority to bind slid parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance W the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed beret. or incorporated herein by cference. Any additional or different moms and conditions proposed by seller are &jeered to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to artier on your promised delivery date as noted. Time is ofthe essial Delivery and performance most be eft tad within the time stated on the purchase order and the documents attached hmeb. No acts of the Purchasers including, without limitation, acceptance cf panial late deliveries, shall eFmva as a waiver ofthis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhea and holding the Seller liable for damages. However, the Seller 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 of civil or military authorities, governmental priorities, fires, spikes, food, epidemics, wars or notes provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller for received knowledge meteof. In the event of any such delay, the dam of delivery shall be extended for the period egml to the time wholly last by reason ofthe delay. 3. WARRANTY. The Seller warrants dot all good, articles, materials and work covets by this order will can( with applicable drawings, specifications, samples and/or other descriptions given, will be fit far the purposes intrndN, and performed with the highest degree of care and competence in accordance with accepted standard for work of a miler nature The Seller agrees to hold the purchmr harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to me 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 of any applicable warranty provided by me Sella after the dam of acceptance of the good muddied hereunder (acceptance not to M unseasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not omance, a waiver of my claim under this summary. Except as otherwise provided in this purchase order, the Sellers liability heremrder shall extend to all damages proximately caused by me breach of any of fc foregoing wamnties or gwmntas, but such liability shall in no event include, loss ofpsofits 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 writen change order. 5. CHANGES IN COMMERCIAL TERMS. The Proctimser may make any changes to the terms, other man legal temp, including Wdilim s to m deletions form the quantities originally ordered in me specifications or drawings, by verbal or wrinm change oriel If any such change affems the amount due or the time of performance hereunder, an equitable Wjus,ment shall be made. 6. TERMINATIONS, The Purchaser may at any time by wnnen change order, mmiwre this egoormem as to wy or till poniens of the goods than not shipped, subject to any equitable adjustment between the theses as to any work or mmarim, men in progress provided Wt the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the good and/or work, for incidental or mncommulial damages, and that no such adjustmrnt be made in favor of the Seller with respect to any goods which art the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days from the date the change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller whereas thal all goads sold hereonda shall have been produced, Sold, delivered and finished in strict compliance with all applicable laws and regulation to which the goods nor subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regelmlom "stied or be ncorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlcss form al I costs and damages suffeml by the Purchaser as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or W become due hereunder without the prior written concern of the other pony. .. 10, TITLE. The Seller warrants full, clear and committed tide to the Purchaser for all equipment, mav'als, and items famished in perfomance of this agreement free ask clew of my and all liesa, restrictions, reservations, security interest emumbmnces and claims crime.. ILNONWAIVER. Failure of the Purchaser to insist upon stria performance ofthe terms 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 accchunare ofor payment for guests hereunder or approval ofthe deign, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not to deemed a waiver of any right of the pemhaw, ro insist upon strict pedbrmance hereof or troy of its rights or remedies is to any such goads, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission ofthis purchase order by the purchaser opemn as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in actual economic practice, overcharges resulting form antitrust violanions arc in fact tame by the Purchases. Themof , for good muse and as coreidemtion for executing this purchase order, the Sella hereby ensigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state amitusr laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser direct the Seller to correct nonconforming or defective goods by a dale to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be, performed by the most expeditious means available to it, wd the Seller shall pay all costs associated with such work. The Seller shall release the Purchases end its contractors of any tier, from all liability and claims of any vtam resulting from Um performance ofsuch were. This release shall apply even in the rent of fault of negligence of the party released and shall extend no the directors, officers and employees fsuch party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perfemed or caused m be performed by the Purchaser. 14. PATENT S. Whenever the Seller is raquiml to use my design, device, material or process covered by letter, parent, trademark or copyright, the Setter than indemnify and save harmless the Purchaser Beam any and all claims for iWn-agement by reason of the use of such patented design. device, mmerial or process in connection with the contract, and shall indemnify the Purchaser for any treat, expense or damage which it may be obliged m pay by reason of such infringement at any time during the prosecution or after she completion of the work. In cox Said equipment m any pan thereof or the Intended use of the goods, is In Such suit held to co estimse Infnnganent 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 naninfringing equipment, or modify it so it becomes noninf reging. 15. INSOLVENCY. If the Seller shall become insolvent or bad mpl, make on assignment for the benefit of creduars, appoint a or us trtee far aor m any of the Sellers property business, Wit ardor may forthwith be cavMod by the Purehaser without liability. 16. GOVERNING LAW. The definitions of¢oms used or the interpretation of the agreement and the rights of all parries hereunder shall be onstmed under and governed by the laws ofthe State afCalomill USA. The following Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Represername(s), on thecases premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, to ate of any accident destruchon er injury to me work andror mmerids before Sellers firal completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe purchaser. When materials and equipmrnt are f ishcd by others for installation or erection by tk Seller, the Seller shall receive, unload, score and handle same at the site and become responsible therefor as though such m tesiah andlm rquipmm, were being fumislad by the Seller under fe order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease brnefits, 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 tarty cumprehvasive general liability including, but not limited to, contractual and automobile public liability insurance ss with bodily injury and death limits of at le, S300.m0 for ars troy one peon $500.00 an for y came accident ead property damage limit per accident of S400,0110. The Seller shall likewise require his contractors, if any, to Provide for such compensation and imurduce. Before any of the Sellers or his contractors employees shall do any work upon We premises of others, the Seller shall furnish fe Purchaser with a certifimle that such compenation and insurencr have been provided. Such minfienes shall specify the date when such reorientation and insurance have been provided Such certificates shall specify the time when such compensation and insurance expires. The Seller agrees that such compensation and immance shall be maintained wail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and Inability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. Thr Seller will indemaify and hold hamless me Purchaser and my or all of the Purchasers officers, agents and employees form and against any and all claims, losses, damages, charges or expenses, whether direct or moluxi end whether to Persons or property to which the Punhaser may So put or subject by reason of any act action, neglect, omission or default on me pan of the Seller, my of his contractor, or may of the Sellers or contractors officers, agents or employees. In tase any suit or other proceedings shall be brought against the Purchases, or its officers, agents or employees at any time an account or by reason of any act action, neglect, omission or default of the Seller of my of his contractors or any of its or Weir officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense meteor and to defend the same at the Sellers own expense, to pay any and all casts, charges, attomeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or my 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, or said parties in or as a result of such suits or other proceedings, fe Seller will at once cause the same m be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and inchall all guards recavry for the prevention of accidents, comply with all laws and regulations wins regard to safety including, but wWismat limitation, the Occup planed Safety and Hralth Act of 1970 and all rules and regulations issued pursuant thereto. Revised 03n010