HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9146720Fort Collins
Date: 1111712014
Vendor: 109333
O J WATSON CO INC
5335 FRANKLIN ST
DENVER CO 80216-6213
PURCHASE ORDER
PO Number Page
9146720 t of 3
This number must appear
on all invoices, packing
sli s and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 11/17/2014 Buyer: DOUG CLAPP
Note: 2012 CDOT bid
Line Description Quantity UOM Unit Price Extended
Ordered Price
DUMP BODY 1 LOT LS 46,530.00
PER QUOTE DATED 11/13/14
per Mark Eckrich
Water Utilities portion:
Crysteel Body w/ SS body adder - $31,975.00
($24,943 + $7,032)
Dump Hydraulics - $8,785.00
CFC lighting - $2,956.00
Rear hitch - $2,357.00
Misc Items - $457.00
sub total = $46.530
2 Snowplow capable materials 1 LOT LS 34,102.00
per quote DATED 11/13/14
per Mark E.
Streets portion:
snowplow hydraulics - balance $25,960
plow hitch - $4,430.00
wing Hyd. adder - $644.00
surface patrol - $1,871.00
anti -Ice harness - $251.00
low gate sensor - $473.00
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.com
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
PO
PURCHASE ORDER 914672er Page
C117/ of PURCHASE
46720 z of s
' `t Collins( his number must appear
v 1'�7 on all invoices, packing
sli s and labels.
Line Description Quantity UOM Unit Price Extended
Ordered Price
mid gate sensor - $473.00
sub -total = $34,102.00
pre -build meeting required
pre -delivery inspection required
contact: Greg or Eric
ph# 970-221-6613
Total
Pay terms net 30 days
Invoice Address:
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
City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department
Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fogov.com 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 from state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84 6000587 is registered with the Collector of
Formal Revenue, Denver, Colorado (Red. Colorado Revised Satules 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, may be remmd to you for credit and are not to be replaced except upon receipt of winners
instructions from the City of Pon Collins.
Inspection. GOODS are mb act to the City oTort Collins lose coon on amval.
Final Acceptance. Receipt of the merchandise, services or equipment in respense to this order can result in
authorized payment on the pan of the City of Pon Collins. However, it is er be understood that FINAL
ACCEPTANCE is dependent upon completion of all applicable requird ampectioo procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Ward Se., Fort Collins, CO 80522, unless
otherwise specified on this order. If permission Is given to prepay freight aad charge separately, the original freight
bill must accompany Invoice. Additional charges for packing will nut be accepted.
Shipment Distance. Where manufacturers have distributing 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 greats distance.
Proud, Seller shall procure at sellers sole cost all necessary pemtits, wnlficates aad licenses required by all
applicable laws, regulations, 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 m hold be City of Fort Collies harmless from and against sill hobild, and loss
incurred by mom by reason of an asserted or established violation of any such lawx, regulatiore, ordinances, rules
and requirements.
Authorization, All ponies to this contact agree that the representatives arc, in fact, bona fide and possess full and
complete authority an bind said padiee.
LIMITATION OF TERMS. This Punchase Order expressly Brats acceptance to the terms and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller are objwtd as and book, prod,
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the essence Delivery and performance must be olfacted 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 of this provision. In the event of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option rf placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall or be liable for damages as a result of delays
doe to causes not reasonably Serviceable which are beyond its reasonable control and without its fault ofnegligencs,
such acts 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 willim 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 t0 the time actually last by reason of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples and/or 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
-nedur nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on amount of the Sellers breach of wanody. The Seller shall replace, repair or make
good without cost to the purchaser, coy defects or faults arising within one (1) 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 after the dam of
aweptance of the grads famished hereunder (acceptance not m be aureasonably delayed), resulting Wm imporfwt
or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall or
constitute a waiver of any claim major this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend in all damages proximately caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include lose 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 terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletions tram
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may or any time by written change order, terminate this agreement as to any or all portions of the
goods than not shipped, m jwt to any equitable adjustment between the parties as to any work or materials then in
progress provided that the Purcbaser shall not be liable for any claims for anticipated profits on the uncompleted
portion of the goons only., work, for incidental or examequential damages, and that no such adjustment be made in
favor of the Seller with respect o any goods which are the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in tuner
compliance with all applicable laws and regulations to which the goods are subject The Seller 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 character are hereby icour,mated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser re a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neitherparty shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the
prior written consent of the other party.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, marerins, and items furnished
in performance of this a memen4 free and clear of any and all liens, restrictions reservations, security interest
encumbrances and claims of others.
I L NONWANER.
Failure of the Purchaser to insist upon strict perfrmance of the terms and conditions hereof, failure or delay to
exermse any rights or remedies provided herein or by law, failure to promptly notify the Seller in lye 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 or any of its rights or remedies as to any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall coy motioned
oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser mr.1lae shot in actual w is practice, o mborge, resulting from antitrust
vmlations, are in fact borne by the Purchaser. Theretoforenforr good cause and as consideration for extending this
purchase order, the Seller hereby assigre to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchase pursunnt to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date 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 expeditions means available to it, and the Seller she[) pay all
costs associated with such work.
The Seller shall release the Purchaser and its comments 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 to the
directors, officers and employees ofsuch may
The Sellers contractual Obligations, including warranty, shall not be deemed t0 be reduced, in any way, because
such work is performed or caused 10 be performed by the Purcbaer.
14. PATENTS.
Whenever be Seller is required m use any design, device, material or pn wss covered by letter, patent, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the commit, and
shall indemnify the Purchaser for any cost, expense or damage mpiett it maybe obliged do pay by reason a such
my pan
at any time tended the of the goon s, after the completion of the work. fir case said equipment, or
any pert thereof or the intended use he the grads, is in such suit held to and
units infringement emend and the use of
said equipment or part istiprepped, the Sella shall, nt its own expense and at its upon., tithe procure for the
Purchaser the tight a continue using said equipment o parts, replace the same with substantially aortal but
naninfringing equipment, or modify it so it becomes noninMnging.
15. INSOLVENCY.
If the Seller shall become insolvent or baukmpt, make an assignment for the benefit of credimrs, appoint a
receiver or hi sme for any of the Sellers pmpeny or business, this order may forthwith be canceled by the
Purchaser, without liability.
16. GOVERNING LAW.
The definitions of terns used or lye interpretation of the agreement and the rights of all parties hereunder shall be
construed code and governed by the laws ofthe State ofC.lom&, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Repo entative(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's awn risk until the same is fully complded and accepted, and shall,
in se of any accident, destruction or injury to the work andba materials before Sellers final completion and
acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials
and equipment are nourished by others 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 and/or equipment
were being famished by the Seller under the Omer.
18, INSURANCE.
The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational
disease benefits, to its employees employed on or in connection with the work covered by this purctiose order,
and/or to their dependents in accordance with the has of the state in which the work is to be dune. The Seller
shall also eany comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with bodily injury and death limits of m leer $300,000 for any one person, S500,000 for any
one accident and property damage limit per accident of $400,000. The Seller shall likewise quire his
contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors
employees shall d0 any work upon the premises of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have boon provided. Such certificates shell specify the data when such compensation
and mouratice expires. no Seller agrees dean such compensation and insurance shall be mamtalned until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all dame,, loos or injury ofany 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. The Seller will indemnify and hold harmless the Purchaser and any
or all of the Purchasers olliwrs, agents and employees from and against any and all claims, lasses, damages,
charges or expenses whether direct or indirect, and whether on persons or property to which the Purchaer may
be put or subject by reason of any act, action, neglect, omisim or default on the pan Of the Seller, coy of his
contractors, or any of the Sellers or contractors officers, agents or employees. In now any suit or other
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of any of his contractors Or any of its or
their otHcers, agents Or employees as of nsaid, the Seller hereby agues to assume the defense thereof and to
defend the same at Sellers own expense, to pay any and all costs, charges, amomeys 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 Other proceedings, and in case judgment or other he. be placed upon or
obtained maim the property of the Purchaser, Or said parties in or as a result Of mch suits 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 Nke all safety precautions, furnish and instal all guards necessary for the prevention of
accidents, comply with all laws and regulations with regard a safety including, but without limitation, the
Occupaticrtl Sandy and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 07I2014