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HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9143099Fort Collins Date: 06/04/2014 Vendor: 109333 O J WATSON CO INC 5335 FRANKLIN ST DENVER CO 80216-6213 PURCHASE ORDER PO Number Page 9143099 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: 06/04/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 PER QUOTE 83727 dated 3/20/14 additional items added to unit# 22048 Furnish and install light kit on sander raise sander 8" using 8" channel Furnish and install 6 position stucchi coupler 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.mm 1 LOT LS 5,390.81 Total $5,390.81 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By amuse the City of Fort Collins is exempt firms site and local m on. Our Exemption Number is 98-01502. pinhead Excise Tax Exemption Cmifione of Rein, 84.60(K)SO is regimen] with the Collceser of Internal Revenue, Dena, Colonadn (Ref, Colorado Revised Samtra 1973. Chapter 39-26, I IC (a). Good Rejected. GOODS REJECTED due to failure to mart specifications, either when shipped or due to defects of damage in muni t, may be returned to you for credit and arc not to be replaced except upon receipt of wrinen instructions from the City of Fan Collins. Inspection GOODS are subject o the City oFF.. Collins inspection oa comical. Final Acceptance. Receipt of the merchandise, services or equipment in response to this other can result in authorized puymesa oa the pad of the City of Fort Collins. However, it is to be understood that FINAL ACCEPT ANCH is dependent span completion of all applicable required inspection procedures. Freight Temps. Shipmenb must be F.O.B., City of Fan Collins, 700 Woad Sr, Fad Collins, CO 80522, unless otherwise sped fed no this other. if pemai.ion is given to prepay freight and charge separately, the rumored Height hill most accompany invoice. Additional charges for packing will nor be acceptor. Shipment Distance. Whom manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments arc made Gom Rome, dinaram. Permits. Seller shall procure e, sellers sole tour all na'avry mail, amficatrs and licenses required by all applicable laws, regulations, ordinances and roles earth, sure municipality, territory co political subdivision where the work is Performed, or res nic ri by any other duly considered! public authority havingjurisdiction over the work of vendor. Seller further agrees to hold the City of Fear Collins hamdas from and against all liability and loss incurred by them by reason of m named or established violation of any such laws, mi,ulaiom. ordinances, roles and requiremenb. Authorimaion. All parries to this commit more that the reprcuntmives am, in fact, bona fide and possess full mod o a,de e..,had,y to bind said parties. LIMI'fAT10N OF TERMS. This P.rel me Order expressly limits acceptance on the terms and conditions sated basin act For and any supplementary or additional temrs and conditions annexes fears, or mampommd herein by reticence. Any add.laacI or difTereat from, and conditions proposed by artier an objected to and hereby rejiNted. 2. DELIVERY. PLEASH ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as nda. Time is of the essence. Delivery and pert mina most Is, 6fiated within the from slated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Imitation, twer,o ire ofp.bial late delivenes, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the oplion Mplacing this aide, eluwhrm and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result Of delays due to causes me reasonably foreseeable which are beyond its reasonable intro[ and without its fault of negligence, such acts of God, acb ofeivil or military authorities, govarrom tal priorities, fins, strikes, Rood, epidemics, wars or nos provided dot notice of the conditions causing such delay is given on the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended for the pia equal to the time centrally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all grads, adides, mama[, and wok coverer by this order will conform with applieable classic , specifications, samples aamr other descriptions given, will be fit for the purposes imand , and performed with the highest degee of care and competence in accordance with accepted standards for work of a source nure. The Seller agrees to hold the purchaser hannlms from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost ache punhasesarty defers 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 the Seller alter the date Of acceptance of the goads famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of good by the Purchaser shall not institute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers Hard icy hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include lass of profits or lass of au. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. a. CHANGES IN LEGAL TERb1S. The Purchases may make changes to legal It. by women change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the uma, other than legal terms. including addiniom to or ddedions fmm the quantities originally ordered in the x conficadom or drawings, by sexual or written change other If any such change aRects the amount due or the lime rfperformmce Mrtunder. an equitable djmlmenf shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, termimte this agreement as to any or all parrons of the guar then not shipped, subject to any equitable adjustment between the parties as to any work or mammals Then in progress provided her the Purchaser shall nor be liable far any claims for anticipated profits on the uncompleted ponion of the goods n all., work, for, incidental Or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods whieh are the Sellers smndard tuck. No such termination shall relieve the Purchmer or the Seller many ofthar obligations as to any goad delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller examines that all good sold hereunder shall have been produced, o[d, delivered and Famished in strict compliance with all applicable laws and procreians to which the good arc subject. The Sella 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 of this demander are hereby incorporated hand. by this reference. The Seller agrees to indemnify and hold the Purchaser From. firm all cots and damages suRertd by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shah cosign, transfer, or recovery this order, at any monies due or to become due hereunder without the prior written convent of the other parry. 10. TITLE. The Seller accounts fair L clear and urueslneced title m the Purchaser for all equipment, materials, and items famished in performance of this agreement, Gee and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofmhars. I L NON WAIVER. Faith. of the Purchase, a insist upon strict performance of the limes and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller or the event of a breach, the acceptance ofor, payment For good, hereunder or approval of the design, shall rot release she Seller of my of the wanaOn. or obb,miorm ofthi, purchase We, ad shall not be deemed is waiver dany right of the purchaser to insist upon sooner performance hereofor any of its rights or emedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Putcleader operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Char in actual becompic practice, o reled,es resulting for. unnms, violations are in lie, home by the Purchaser, Theretofore for good cause and as consideration for executing this purchase order, than Seller hereby assigns to the Purchaser any and all claims it may now have or bercatler acquired under natural or site anions, lave for such overcharges relating to the particular good or services purchased or acquired by the Purchmer pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. I IThe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agrees upon by the Purchmer mid the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work ,o be performed by the mast expcdirm means available to it, and the Seller shall pay all emts asix to with such work. The Seller shall release the Purchmer and its contractors of any tier Boom all liability and claims of my nature rending fmm the performance ofsuch wok. This release shall apply evens in the ream of fault of argli,mr, of the pady released and shall extend to the dime ors, officers and employees fsuch parry. The 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 Purchaser. Iq. PATENTS. Whenever the Seller is required to use any design, dc,ic,, redaial or pm vereend d by lave,, pd,.adema or copyright, the Seller.shall indemnify and save hurmless the Purchase, I,.. any and all claims for infnngemenl by canon of the use of such Function] design, device, material or process in connection with the contract, and shall indemnify the Purchaser for nary cost, expense Or damage which it may be obliged m pay by ream. of such infringement al any rime during the prosecution or offer the completion of the work. In case said equipment, or any pan thereof or the mended use of the goods, is in such suit held m assistant inemgement and the use of said equipment or pan is enjoined, the Seller shall, a its own expert and of its opIioq 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 noninfdnging. 15ANSOLVENCY. If the Seller shall become insolvent or baN:mpl, make an sssignmem for flue benefit of creditors, .annual a masseur or tmsme for any of the Sellers pmpary, or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftc. used or the interpretation of the agreement ad the rights of all parties hereunder shall be conswed under and governed by the laws ofthe Sim ofColomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work Remainder. including the services Of Sellers Representative(s), on the premises aromas 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in e 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 are furnished by offers for installation 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 andror ququicat were being famished by the Seller order the order. IS. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oec spational disease berunts, to its employees employed on or in connection with the work mvetd by this purchase order, mmdNo to their dependents in accordance wish the laws of the state in which the work is to be done. The Sella shall also carry mmprehcnsive general liability including, but not limited to, andrum col and automobile public liability immuccre with bddy injury and death limits arm last 530o,W0 for any are person, S500,000 for any one accident ad property damage limit per accident of S400,000. The Seller shall likewise require his courear rs, if any, to provide for such compemaion aril am ... re. Refuse any of the Sellers or his commetrrs employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compeavation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and in expires. The Seller agrees that such compensation and insurance shall be maintained=fit alter the entire work is completd and accepted 19. PRO'l HC'DON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire reaponsibilityand liability for any and AI 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 purchase occur or in connection herewith. The Seller will indemnity and hold harmless the Purchmer and any or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or political, and whether to persons; or property to which the Purchmer may be put or subject by reaern of any act action, neglect, omission or default on the pad of the Sella, my of his continuous, or any of the Sellers or Contractors officers, agents Or employees. In case any suit or other proceedings shall be brought against the Purchases or its officers, agents or employees at any time on account or by reason of my an, action, neglect, omission or default of the Seller of my of his co.lrxmrs or my of its or their officers, agens or employees as aboacid, Ibe Seller hereby agrees to assume the defense Nand and to defend the same at the Sellers own expense, W pay any and all costs, charges, anomeys fees ad other expenses, my and all judgments that maybe incurred by or obtained against the Purchaser Or any of its or their officers, agents or employees in such suits or other preadings. and in case judgment or other lien be placed upon or obmincd against the property ofthe Purchaser, or said parties in or as a result of such suits or other procedings, the Sella will at once cause the sane to be dissolved and discharged by giving band or otherwise. The Serer and his contractors shall take all safety preervabors, furnish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act Of 1970 and all roles and regulations issued pursuant thereto. Revised 03/2010