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HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9144211Fort Collins Date: 07/24/2014 Vendor: 109333 O J WATSON CO INC 5335 FRANKLIN ST DENVER CO 80216-6213 PURCHASE ORDER PO Number Page 9144211 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: 07/23/2014 Buver: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price r FINISH FOR MAX/BRT SINGLE AXLE 1 LOT LS 11,896.00 PLOW TRUCK reference quote date 7/21/14 rev. 2 Dept: Streets Contact: Ian or Eric 970-221-6613 "Please call 24 hours to 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 Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By smile the City of Fan Collins is exempt from state and local axes. Ow Exemption Number is 98-04502. Federal Excise Tax Exemption Centficzte of Registry 84,5000587 u tensamal with the Cdamr of Internal Revenue, Derive, Colorado (Ref. Colorado Reised Statute 1973, Chapter 39-26, 114 (a). Goods Rejected, GOODS REJECTED due to failure in meet speifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon rVo,ma of written instructions from the Ciry of Fod Collins. Impmrion. GOODS ore subject o the Ciry of FortCollins inspection on Waive, Final Acceptance. Receipt of the merchandise, services or equipment in fepanse to this order am mull in authorized payment on the pm of the City of Fort Collins, Hoxsver, it is to be mdasmad that FINAL ACCEPTANCE is depevdm upon completionofall eppliable raryi H inspection procedures. Freight Terms. Shipments most be FOR, City of Fan Collin; 900 Woad St. Tom Collins, CO 80522, unless otherwise me ifid on this order. If prnnusion t given to prepay freight and charge seyamly, the original freight bill most accompany trader. Additional charges far packing will not be accepted. Shipment Distance. Where manufacturers have disnibating points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distunce. Perri¢. Seller shall procure at sellers sale cost all nawmry Remains, certificates and licenses required by all applicable laws, regulaliom, ordinances and rates of the,ate, municipality, arrimry or political m alossic n where the work is Renault err required by any other duly cowtimted public amhor ty having jun ,diction over the work of varder. Seller further agrees an hold the City of Fort Collins harmless men and against all liability and loss incurred by them by reason of an roomed or eublishd violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All pries to this contract agree that the representatives arc, in fact, bona fide and possess foil and complete William, to bind said parties. LIMITATION OF TERMS. This Purchme Order expressly limits acceptance to the terms and conditions stated herein set faith and any mpplementary or additional terns and conditions annexed hereto or incorporated herein by reference. Any additional or di Berens Wo s and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to move on your promised delivery date as ruled. Time is of the essence. Delivery and perfomnnce mast be offla d within the time stand on the purchase order and the documents Watched M1mem. No area of the Puachasm including, without limitation, acceptance of,ri ial late delivede, shall mars, w a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and eq.,.bLc remedies, the option of inha or, this order elsewhcm and holding the Sella liable for damages. However, he Sella shall not be liable for damages as a result of delays due to auaes not reasonably frremable which x beyond its reasonable coarea and without its fault of negligence, such ace of God, acts ofcavil or military outhomin , govemmen d priorities, arcs, sndes, Rood, epidemics, wars ar mars provided that notice of the conditions taming such delay is given to the Purchaser within rive (5) days of the time when the Sella first received knowledge themf. In the event of any such delay, the dam of delivery shall be extended for the period equal to the time actually lost by risen of the deluy. 3. WARRANTY. The Seller warrants next all goods, articles, m mrials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a similar ruare. The Sella agrees m hold the purchases harmless from any loss, damage or eMawe which the Purchaser may suffer ea inem on account of the Sellers breach of wme nry. The Seller shall replace, reliance make god. without cost to the purchaser. any defer or Faults arising within one (I) yea. or %idea each longs period of time w may be presented by law or by the terms of my applicable waanty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be unreaombly delayed), resulting firm imperfat or defective work done or mwenals famished by the Seller. Acceptance or me of goods by the Purchaser shall not constitute a waiver of any claim under this waranry. Except as otherwise provided in this purchase oNeq the Sellcn liabil try hereunde shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in can event include lass of profits W loss Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SI FALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchsa may make changes to legal terms by wrinm change oNct. 5. CHANGES M COMMERCIAL TERMS. The Purclesser may make any changes to the term; Other that legal tams, including additi m to or deletions fmm ,he immides Wigiwlly ordered in the s, ecifcalims or drawings, by said .1 afte. change order. If any such change a@ens the amount due err the time of pert m hereunder, m eqt ivibli, ndjwamma shall b , node. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement w many or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as as any work or materials then in progress provided teal the Purchaser shall not be liable for any claims lot anticipated prof[, on the uncompleted portion of the goads ardor work, for incidental or consequential damages, and that no such adjutm cat be made in favor of the Seller with respect to any goad, which ate the Sellers standard stack. No such termination shall relieve the Pambasa or the Seller of any of their abligmiow as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any clotm for adjustment must be, woe ned within thirty (30) days from we doe the change car lamination is ordered. 8. C0MPLIANCE WITH LAW. The SdIer warrants that all goods sold hemur shall have ban produced, sold, delivered and famished in Shia compliance with all applicable laws and regulations to which the goat art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he ncxurpomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser w a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neitha party shall waagn, frame, or convey this order, or any monies due or to become due heremda without rose proof sonnets coment ofthe other Early. 10. TITLE. The Seller warners full, clear and unrestricted rattle to the Pachma for all equipment, materials, and items fumishd an petfonnance of rots a,mVnVL free and clew of my and all liens, rcsttacliam, reservatiow, security inucer encumbrmecs and claims of others. 11. NONWANER. Failure of the Pochaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies pmvided herein 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 hereof., any of its rights W remedies w or any such goods, regardless of when shipped, received or accepted, to to any poor or subsequent defimlt hereunder, nor shall my pm,cood am] modification or rescission of this purchase order by the Purehmer operate as a waiver of any of the mars hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in accord eorome practice, overcharges resulting form antiomt violations are in fact borne by the Purchaser. Theretofore, for good case and as comidemtion for exaating this purchase aide, the Seller hereby assigns to the puchwa any and all claims it may now have err hereafia acquired under Ideal or store antiumt laws for such ovechage mating to the pmimlar goods W smicw purchased or WcEird by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nanconfoming or defective goods by a date to be agreed upon by the Purchaser and the Selle, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to he performed by the most expeJinuus me:urs mailable to it, and the Seller shall pay .11 emus associ ied with such work. The Seller shall mime the Purchaser and its contractors of any tie from all liability and claims of any nature ,welting fiom the pafomana afsuch weak. This relewe shall apply ern in the event of fault of negligence of the party released and shall extend to the directors, officers and employas fsuch party. The Seller's contractual obligations, including wamnty, shall cast be deemed to be rducd, in any way, became such walk is performed or caused to be perfomd by the Purchaser. 14. PATENTS. Whenev,, he Seller is required ht use my design, device, an ial or pmaw, wavered by lane,, are.,. fmJemurk or copyright the Seller shall indemnify and save boneless 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 contract, and shall indemnify the Pardoner far any Vast expense or damage which it may be ibligdW Pay by caw. afsuch anfnngemena at any time during den mensecmion W anus the completion of the work. In case road aim,ai ear, W any pm thereof or the imendd use of the goods, is as such suit held to continue Infngement and the use of said egopmmr err pad t apind, the Seller shall, at its own expense and at its option, either pmcure for flat Purchaser the right to continue wing said equipment or parts replace the same with substantially equal but noninfringing equipment, err modify it sat it become naninfdngiii 15. MSOLVENCY. If the Seller shall become insolvent or ba di upt make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property of business, this Older may 6Mwith be comeled by the Purchaser without liability. 16. GOVERNING LAW. The deficatiow of team used or the interpretation ofthe agreement and the rights of all ponies here.&, shall be onswed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only M mu where the Sella is to perform work haettnder, including the services ofSellm Repasemative(s), on the pmnise ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall arty on said work at Sellers own risk wail the same is fully completed and acceptd, and shall, in Vise of any accident, destruction ar injury as this, work coed., maim ik before Sell&, fcal completion and accepmnce, complete the work at Seller's own expense and to the satisfaction of ate Pumhwa. When mamals and equipment are famished by others for installation W erection by the Sella, the Seller shall receive, unload, stare and handle same at the site and became responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Sella shall, at his we enpewe, provide for the payment of warkas a mpemarmar, including occopium-[ disease benefits, to its employees employed on or in correction with the work covered by this purchase order, and/or to their dependenm in same ance with the laws of the state in which the work is to be done. The Seller shall also airy comprehensive general liability including. but not limited to, conhactoal and automobile public liability in menee with tidily injury and Je th limiu of to least S300,00to for any one Person, SSW. a for any our accident and property damage Itmil pea accident of S4W,Wj. The Seller shall likewise require his comrictms, if any, to provide for such compensation and insurance. Before any of the Shcm or his contractors employees shall do my work upon the premises of whi the Seller shall furnish the Pumhase, with a sai ficare that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such catificaes shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until net the entire wank is complaed and rea lied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assume the entire crepmsibility and liability for any and all damage, loss err injury of any kind W natum whasomm, as pram or pa.,n, ansed by or resulting from the, waW m of the work provided far in this per orders, in conmmon herewith_ The Seller will indemnify and hold hamJess the Puchaser and my or all of the Purthwcrs officers, agents and employers fmm and against any and all claim; Russia, damages, charges err experu<s, whether direct W indawa, and wheha ro persow or property 10 which the Franchisees may Far put or subject by reaam of my act, action, neglect omission or deliult on the pan of the Sella, any of his contractors, or my of the Sellers or contactors oRcas, agent or employees. In cost any suit or other pm xVha,, shall Ise brought agaiwuhe Purchwa, W its ofEcm, agents or employees at my time on accomt err by reason of any act, action, neglect, omission or default of the Seller of my of his commam, or any of its W their officers, agents or employees as aforesaid, the Seller hereby agrees to assume tee defense therm( and to defend the same ache Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchwer or my of its or their officers, Mean or employees in such suits or other proceedings, and in case jdgmrnr or other lam be placed upon or obtained against the pmpmy of the Purchaser, or said panic in or as a result of such suite or other proceedings, the Sella will at once cause the same as be dissolved and duct aged by giving bond a otherwise. The Seller and his contractors shall take all safety precaution; fmish and immll all gmrds necessary for the prevention of accidents, comply with all laws and regulaiow with rtgsN to Safety including, but without limitation, the Occupational Safety and Health Ara of 1970 and all rules and cgulatiau issued pursuant therem. Revised R7r014