HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9143349Fort Collins
Date: 06/13/2014
Vendor: 109333
O J WATSON CO INC
5335 FRANKLIN ST
DENVER CO 80216-6213
PURCHASE ORDER
PO Number Page
9143349 1of3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FLEET SERVICES - MAIN SHOP
CITY OF FORT COLLINS
835 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 06/13/2014 Buyer: DOUG CLAPP
Note: 2014LP
State bid
Line Description Quantity UOM Unit Price Extended
Ordered Price
I 14' ALUM J&J DUMP BODY
per quote # 83627-4
dated 3/21/14
from Gary Warning
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
Pirtle 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
Cougar 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
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 EA
113,746.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Fort Collins
PURCHASE ORDER
PO Number Page
9143349 2013
This number must appear
on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
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
113.746.00
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
fi7RPAiFM975E7i nl'd'IFfSTS�i'L[r7fiCEEi
Page 3 of 3
1. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Pont Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER.
mkdA502. Formal Excise Tax Exemption Certificate of Registry 84-6000589 is registered with the Collector of Failure of the Purchaser to insist upon efn performance of the terns and candidates hereof, failure or delay to
Internal Revenue, Be.... Colorado (Ref. Colorado Revised Saturn 1973. Chapter 39-26, 1 W (a). exeaise any rights or remedies provided herein or by law, failure m promptly notify the Seller in the event of o
breach, the acceptance ofor payment for goods Facades or approval office design, shall hot release the Seller of
Goods Rejeted. GOODS REJECTED due to failure m meet specifications, either when shipped or due to def rs of eery of the wrornatia or obligations of this purchase order and shall not be deemed a active, of any right of the
damage in tame, may be resumed to you for fiell and are trot to be replaced except upon receipt of written purchaser to insist upon smel performance him ofor any of its rights or remedies as m any such grass, regardless
instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default heretuWer, nor shall any purported
am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the muss,
Inspection. GOODS om subject to the City of For Collins inspection on amval. hereof
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS,
untanned payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognise that in actual economic practice, overcharges resulting Rash antitrust
ACCEPTANCE is dependo enrupn natural mall applicable rJ inspection pracallam. violations are in fact home by the Purchaser. Theretofore nfor 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 Terms. Shipments must be F.O.D., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or slate antitrust laws for such overcharges relating an the paniculor gods or services
otherwise specified on this order. H permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order.
bill must aecanpatty invoice. Aditional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGAI IONS.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shimom is Blue Purchaser duals the Sella as career nonconforming or defective goods by a date lr be agreed upon by the
expected front the neatest distribution point to declination, and excess freight will be deducted front Invoice when Purchaser and the Sella, send IIa Sole, thereafter indicates in inability or unwillingness to comply, the Purchaser
shipments are made from greater distanm may cause fe work m be perfumed by the most expeditious means .,]able to it, and the Seller shall pay all
casts associated with such work.
Permits. Seller shall procure at sellers sole cast all necessary permits, certificates and licenses required by all
applicable laws, regulmions, ordinances and rules 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 agrees to bold the Chy of Fan Collins harmless ram and against all liability and loss
tined by them by reason of an asserted or established violation of any such laws, regulations, ordinances, ales
and requirements.
Authentication. All ponies In this contact agree cost the representatives are, in fact, bona code and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance an the terms and conditions stated
herein set forth and any supplementary or addommil terms and conditions annexed heard or incorporated herein by
reference. Any additional or different terms and conditions proposs] by seller are objects] to and hereby tapered.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date n noted. Time is office essence- Delivery and performance most Ix 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 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 elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable tar damages as a result of delays
due m anuses not reasonably foreseeable which are beyond its reasonable control and without its fact of negligence,
such ,is of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller 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 ofthe delay.
3. WARRANTY.
The Seller warrants that all gods, articles, mammals and work covered by this order will conform with applicable
drawings, specifications, mmplto and/or other dcscriprion given, will be fit tar the purposes intended, and
performed with the highest degree of care and rompttence in accordance with accepted standards for work of a
similar mount. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser ray suffor or incur on -.1 of fe Sellers breach of wamanly. The Seller shall replace, repair or make
good, without cost to the purchaser. any defects or farts rasing within one (1) year at within such forget period of
time as may M prescribed by law or by the arms of ery applicable wvamy provided by the Seller after the dare of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperial
or defective work done or materials famished by We Seller. Acceptance or use of good by the Pumhner shall not
ontiam a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereuMer shall extend to all damages proximately mused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include Ins efforts or lass of fie. NO IMPLIED WARRANTY
OR M F.RCHANfABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
a. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, order than legal terms, including mlditions to ar decisions farm
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change uflat, the anmunt due or the time ofpedarmance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by wniten change order, terminate this agreement n W any or all portions of the
,cods fen not shipped, subject to any equitable djusfical between he parties as to any work or materials then in
progress provided that the Purchaser shall nor be ],able for any claims for anticipated protins on the uncompleted
portion of the goods and or work, for incidental or consequential damages, and chat no such adjustment be made W
favor of the Seller with respect to any goods which are the Sellers standard stock. No curb termination shall relieve
the Purehner or the Seller of any of their obligation to to any goods delivered hereunder.
t. CLAIMS FOR ADJUSTMENT.
Any claim for dlntment mal be asserted within thirty, (30) days froth the date fe change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goad sold hereunder shall have been produced, sold, delivered and fumuhed in strict
compliance with all applicable laws and regulations W which the goods are subject. The Seller shall execute and
deliver such documents n may be actual so dfR0 or evidace compliance. All laws and regulation regtabed to be
ncorpomted in agreements of this character am hereby incorporated herein by this reference. The Sella agrees to
indemnify and hold the Purchaser harmlen from all cases and damages suRerd by the Purchaser n a result of the
Sellers failure to comply with such raw.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
pro, wines consent i the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and item famished
n Performanoe of this agreement, five and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of when.
The Seller shall release the Purchaser and its mntmetors of any tier from all liability and claims of any mare
resulting from the performance oftech stark.
This release shall apply even in the event of fault of negligence of the party releasN and shall extend to the
directors, officers and employees ofsuch party.
The Sellers communal obligations, including w.amnty, shall not be deemed to be ndurd, in any way, because
such work is performed or caused to be performed by fe Purchaser.
10. PATENTS.
%Giaccer fe Seller is required at use any design, device, material or process covered by lever, Patent, trademark
or copyright the Seller shall indemnify and save harmless the Purchased any and all claims for infringement
by mamn of the use of such patented design, device, material or process in connection with the contract and
shall indemnify We Purchaser for any cost expense or damage which it may be obliged to pay by reason of such
infringement at my time during the prosecution or after the completion of me work. In case said equipment or
any pm 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 cnjuined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the fight to continue wing said equipment or pans, replace the same with substantially equal but
inconformity equipment, or modify it so it becomes noninGtnging.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an asignmenr for the benefit of creditors, appoint a
receiver or trustee for any of the Sellers property or business, this order may forthwith be traveled by the
Purchaser without liability.
in. GOVERNING LAW.
The definition of terns shed or the interpretation of the agreement and the rights of all parties hereunder shall be
contmed under end gnemed by flue taus of the State ofColoado, USA.
The following Additional Condition apply only in taus where the Seller 6 to perform work hereunder,
including the services of Sellers Rryrtsentanax), on fe premises ofofers
17. SELLERS RESPONSIBILITY.
The Sella shall carry on mid wort: at Sellers awn risk until the mane is fully completed and accepts], and shall,
in came of any accident, destruction or injury to the work and/or materials before Sellers Gal completion and
acceptance, complete the work at Sellers own expert and m ere satisfaction of the Purchaser. When materials
and equipment are f mishs] by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle sane at the site and become responsible therefor n though such materials ardor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compenation, including occupational
disease benefits, to its employees employed on ur in connection with the work coverts 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 Sole
shall also carry comprehensive general liability including, but not limited m, commercial and automobile public
liability insurance will, bodily injury and death limits of at lent S30gWo for any one person, 5500,000 fur any
one accident and property damage limit per accident of S400,000_ The Sella shall likewise require his
concerns, s, irony, to provide for such compensation anti insurance. Before any of He Sellers or his contractors
employees shall do any work upon We premises of others, the Seller shall fmish the Purchaser with a certificate
Wert such compensation and insurance have ban 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 romance exam, The Seller egret that such compensation and insurance shall be maintained until after the
entire work is completed and reverted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind
or anue whaws,,ar to persons or property caused by or resulting from the execution of the work provided for in
this purehau order or in momentum herewith. The Seller will indemnify and hold hamless the Purehsser and arty
r all of the Purchasers officers, agents and employees from and amaren any and all claims, losses, damages.
charges or expenses, whether direct or indirect and whether to person or property as which the Purchaser may
Is, par or subject by reason of any act, action, rectal, mo ssiou or default an the part of We Seller, any of his
contactors, or any of the Sellers or contractors officers, aganrs or employees. In case any suit or other
proceedings shall be brought against the Paahaser, or its effects, agents or employees at any time on account or
by reason of any act, anion, neglect, omission or default of fe Seller of any of his contractors or any of its or
their officers, agents or amployees in mermaid, roe Seller hereby agrees to assume the defense thereof and to
defend flan same al fe Sellers own ssuaae, to pay any and all oars, charges, anrrow, foss and ofer expenses,
any and all judgments fat may be incurred by or obtained against the Rochester or any of its or their effects,
agents m employees in such suits or other proceedings, and th case judgment or the, lien be placed upon a
obtained against the property of the Purchaser, or said parties in or as a result ofsuch stairs 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 lake all safety precautions, famish and in all all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safely and Health Act of 1970 and all mles and regulations issued pursuant heri
Revised 03R010