HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9142281Fort Collins
Date: 04/23/2014
Vendor: 109333
O J WATSON CO INC
5335 FRANKLIN ST
DENVER CO 80216-6213
PURCHASE ORDER
PO Number Page
9142281 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 04/23/2014 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
i 7'6" BOSS SUPER DUTY PLOW BLAD 1 LOT LS 3,383.00
PER 3/21 PRICE QUOTE
ref. quote # 83730
per Gary Werning
Contact: Ian or Eric
ph# 970-221-6613
" Please call 24 hours priod to availability "
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO $0522-0580
Purchase Order Terms and Conditions
Page 2 of 2
I. COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
I L NONWAIVER.
98-04502. Federal Excise Tax Exemption Conifer, of Registry 84L000582 e, registered with the Collector, of
Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay In
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Samutes 1923, Chapter 39-26, 114 (a),
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, fe acceptance of or payment for grads hereunde, or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specificaion, either when shipped or due to defects of
any of the warranties or obligations of this purchae order and shall not be deemd a waiver of any right of the
damage m transit, may be mumd m you for credit and art or 10 her replaced except upon crucial of written
Purchaser to most upon strict performance to reofor any of its rights or remedies as to any such goods, regaNlns
instructions from the City affair Collins.
i f when shipped, reeved or accepted, as m any, prior or subsequent dfaull hereunder, roc shall any purynned
and modification or rescission of this purchase order by the Purchaser operate as a waiver army of the terms
Impeclion. GOODS arc subject an the City of Fon Collns inspection on cnical.
heamE
Fired Acceptance. Receipt of me merchandise, services or equipment in rnponse k, this order ca mmIt in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
nmhonud payment on the pan of fe City of Fort Collin. Hime,ca, it is to be understood that FINAL
Seller and the Purchaser rempue that in actual economic m practice, overcharges resulting train anlimard
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fad home by fe purchaser. Theretofre nforr 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 Term, Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fon Collins, CO 80522, unlcac
acquired under federal or state anlilmst laws for such overcharges relating to the particular goods or services
Otherwise specified on this coder, If permission is given m prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Where mnutmmrers have distributing points in various pans of the country, shipment is
Ifthe Purchaser directs the Seller to crowd nonconforming or defective goods by a doe to be agreed upon by the
expecled from me nearest distribution point to dedicatim. and excess freight will be deducted from Invoice when
Purehasar and the Seller, and the Seller therater indicates its inability a unwillingness to comply, the Purthnse
shipments arc made from greater distance.
may rouse the work 1. be perfonnd by the mutt expeditious mean available m it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sole cost all necessary permits, comficmes and licenses required by all
applicable laws, regulations, ordinances and roles of the shoe, municipality, temmry or Political subdivision where
the work is performed, or required by any other duly constituted public authority having jurisdiction over the work
a] vendor. Seller (other agrees to hold the City of ran Collin harmless from and against all liability and loss
tared by them by reason of an assured or esablishd violation of any such laws, regulations, ordinances, roles
incurred
ne requirements.
Authorivation. All parties to this contract agree that the tepresenariva are, in fact. bona Ede and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the term and continuous stated
herein set form and any supplementary or additional terms and conditions annexed herem or incorporated herein by
reference. Any additional or different ¢taus and conditions proposed by Belle, are objected to and hereby OgWad.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifya , cannot make complete shipment to crave an your
Promised delivery date as noted. Time is of the examine. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No cooks ofthe Pumhssers including, without
limitation, acepance ofpmial late rudivern, shall operant as a waiver of this provision. In the event army delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and holding the Seller liable for damages- Hown'er, the Seller shall or be liable for damages as a result of delays
due 10 causes or tessombly foreseeable which are beyond its reasonable contml and without its fault of negligence,
such acts of Ged, acts ofeivil or military authorities, governmental primaries, fires, strikes, Roud, epidemics, wars or
riots provided that notice ofthe condition caning such delay is given m 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 last by mason ofthe delay.
3. WARRANTY.
The Seller wa l that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or other descriptions giver, will h fit for the purposes intended, and
pctformed with the highest degree of rare and competence in accodance with accepted standards for work of a
similar wire. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchase may suffer or incur on account of the Sellers breach of warranty. 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 be presented by law or by the terms of my applicable warranty provided by the Seller after the date of
acceptance of the goods fmishd hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller. Acceptance or me of goods by the Purchaser shall not
ontifte a waiver of any claim under this warranty. Except is otherwise provided in this purchase order, die, Salim
liability hereander shall extend to all damages proximrdy roused by the breach of any of me foregoing wmind.
tar guarantees, but such liability shall in no nit 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 of— by semen change alder
5. CHANGES IN COMMERCIAL TERMS.
The Purchasrmay make any changes o the terms, .,her than legal terms, including additions to or deletions from
the quantities originally ordered in the specifications or drawings, by serbal or written change order. If any such
change affects the amount due or the time of performance hereunder, an equitable rdjuament shall her made.
6. TERMINATIONS.
The Purchaser may at any time by written change older, temuinste this agreement as to any or all portion of the
goods men not shipped, subject in any equitable adjustment hetwem the parties os to any work or mmmals then in
progress provided that the rundown shall not be liable for any claims for anticipated profits on the uncompleted
portion of me goods andlor work, for incidental or consequential damages, and that no such obtainment be made in
favor of the Seller with respect 1n any good which am the Sellers standard stock. No such termination shall ,here
the Purchaser or the Seller ofany of their obligations ss to any goods delivered hereunder.
2. CLAIMS FOR ADJUSTMENT.
Any claim for adjuanuenl most be assured within thi,ry (30) days Farm the date the change or warioation is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warms¢ that all goods sold hereunder shall have been producd, sold, delivered and famished in shin
compliance with all applicable laws and regulations to which the goods ere subject. The Seller shall execute and
deliver such documents ss my be required to effect or evidence compliance. All laws and regulations required m be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold me Purchase, harmless fium all rests and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
9. ASSIGNM1IENT.
Neither party shall assign, transfer, or anal this order, or any monies due or to become due hereunder withnul the
prior w'dhen treat of the other party.
IO. TITLE,
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, maerals, and items famished
in performance of this agreement, free and clear of any and all liens, restriction, reservarion, securiry interest
encumbrances and claims ofothers.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature
resulting from the performance of such work.
This release shall apply even in the event of fault of negligence of the party released and shall extend 10 the
directors, officers sad employees of mch wen.
The Seller's ennlranual obligaions, including wo ranty, shall not be deemd to be, reduced, in any way, because
such work is perfomued Or cused to be perfomued by the Purchaser.
14. PATENTS.
Whenever the Seller is enquired to use any design, device, material or process covered by letter, patent, trademark
copyright, the Seller shall indemnify and save harmless the Purchaser from any unit all claims for infringement
by reaoa of the ne of such patented design, device, material or process in connection with the contract, and
star[] indemnify the Purchase for any cost, expense or damage which it may b<obliged to pay by remain 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, turner procure far the
Purchase the eight to continue using said equipment or pans, replace the same with substantially equal but
munfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
receiver or lmslee for any ofthe Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
if. GOVERNING LAW.
The defrmors, of it. used or me munpreation of the agreement and the nghts of all parries hereundel shall be
conuved undo and govan¢d by fe laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder.
including the services of Sellers Rcpresentative(s), on the premises ofothers.
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, destruction or injury to the work and/or numerals before Settees Brut completion and
acceptance, complete the week an Sellers own expanse and f the satis6ctim of me Parchow, When mteras
and equipment am f ishd by others for installation or erection by the Seller, the Seller shill receive, unload,
sore and handle more at the site and became responsible therefor as though such materials avbor equipment
were being famished by me Sella undo the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers examination, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
labor to their dependents in accordance with the bows of the state in which the work is 10 be done. The Seller
shall also carry comprehensive general liability including, but not limited to, conlrucml and automobile public
liability insurance with hadily injury and death limits of at Inner 5300,000 for any one person. SNOO,WO for any
one accident and property damage limit per accident of 5400,". The Seller shall likewise require his
tractors, Went, Io provide for such comyenmim and inumnce. Before any ofthe Sellers or his contractors
employees shall do any work upon the premise orators. the Seller shall famish the Purchase win a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and locomotive have been provided. Such certificates shah specify the date when such compensm ion
and insurance expires. The Seller agrees that such compensation and insurance shall h, mainamed until after the
entire work is..plead and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the more responsibility and liability for any and at I damage, lass or injury of any kind
or nmrm whatsoever to person 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 and hold harmless the Purchaser and any
at all of the Purchaser officers, agents and employees from and against any and all claims, losses, damages,
charges or expenses, whether direct or anchor, and whether or persons or property to which the Pumhae may
Ix put or subject by reason of any xt action, neglect, omission or default on the pan of fe 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 Pumhau,, or its officers, agents or employees at any time on account or
by rea on of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their officers, agents or employees as oforemid, 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, charge, atomeya 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 offer proceedings, and in case judgment or other lien he placed upon or
obtained against the property ofthe Purchase, or said ponies in or as a result ofsuch suits or other proceedings,
the Seller will at once rouse the more to the dissolcod and diwharged by giving bond or omerviss. The Seller and
his contractors shall take all safety precautions, fail and mull all guard necessary for the prevention of
accidents, comply with all laws and regulation with regard an safety including, but wifout limitation, the
Occupational Safety and Health Act of 1920 and all roles and regulation issued pursuant theme.
Revised 03Q010