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HomeMy WebLinkAbout109333 O J WATSON CO INC - PURCHASE ORDER - 9150719Fort Collins Date: 01/30/2015 PURCHASE ORDER PO Number Page 9150719 1of3 This number must appear on all invoices, packing sli s and labels. Vendor: 109333 Ship To: WATER UTILITIES O J WATSON CO INC. CITY OF FORT COLLINS 5335 FRANKLIN ST 700 WOOD ST DENVER CO 80216-6213 FORT COLLINS CO 80521 Delivery Date: 0113012015 Buyer: DOUG CLAPP Note: Line Description Quantity Ordered UOM Unit Price Extended Price MOTOR VEHICLE 1 LOT LS 46,530.00 CRYSTEEL BODY W/SS BODY ADDER Ref. 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 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 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 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City. of50719 2of3 ' `tCollinsr V This number must appear ` 1' on all invoices, packing sli s and labels. Line Description Quantity UOM Unit Price Extended Ordered Price low gate sensor - $473.00 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 coordinate build schedule" 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 $80,632.00 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 3 of 3 1. COMMERCIAL DETAILS. 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 Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tomes and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref, Colorado Revised Strauss 1973, 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, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods prepared, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any night of foe damage in rconsit, may be raumed to you for credit and are not to be r,I d except upon receipt of cannot of purchaser to insist upon strict performance haeofar any of its nights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as n any priorr subsequent default hereunder, nor shall any puryoned am) modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Impression. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, scraticars nse or equipment in respoto this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of PortCollins. However, it is to be understood that FINAL Sella and the Purchase recognize that in schist economic practice, overcharges resulting from antitrust ws ACCEPTANCE is dependent upon completion stall applicable required inspection procedures. violations are in fact home by the Purcen Theretofore, for rgood cause and as consideration far executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teems. Shipments must be FUR., City of Fr, Collins, 900 Wood Sr, Fan Collins, CO 80522, unless acquired under federal or sate antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order, Ifpemnission is given to prepay bright and charge separately, the original freight purchased or acquired by the Purehssce pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not he accepted ShipmentDistance Where manufacturers have distributing points in varmus pans of the country, shipment is expected from the nearest distubulion point to destination, and excess freight will be deducted Cmm Invoice when shipments are made from Greater distance. Permits. Sella shall procure at sellers sale con all necessary permits, conificates and licarses required by all applicable laws, regulations, ordinances bad rules ofthe slate, municipality, temmry or political subdivision where the work is performed, or requited by any other duly conslihited public authority having jurisdiction over the work of verdor. Seller further agrees to hold lire Cary of Fan Collins harmless from end a,., all liability aad loss mmired by them by mason of an asserted or established violation of any such laws, regulations, ordinances, rules .ad re romper ass. Autlearizrtion. All parries to this contract agree that the representatives are, in fact, ban. fide and possess full and omplese aufonry to band said patties. LIMITATION OF TERMS. The Parches¢ Omer expraely lima,. acceptance m the tears and conditions Baled herein set forth and any supplementary or additional tours and conditions annexed herein ar maintained herein by reference. Any additional or different leans and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Tyen cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers acli dog, without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis provision. In the event of any delay, the Purchaser stall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such to of God, acts i femil or military enthoaties, governmental priorities, Brest sakes, food, epidemics, wars or riots provided that notice of the conditions cousin, such delay is given to the Pembina 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 have actually her by becom ofibe delay. 3. WARRANTY. The Seller warning that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will he 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 haters. The Seller agrees to hold the purchaser harmless 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 to the prrcbaseq any defcts or faults arising within one (I) year or within such longer period of time as may be prearnbed by law or by the terms of any applicable warranty provided by the Sella after the date of acceptance of the goods [omished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or marmots fmashd by the Seller. Acceptance or use of goads by the Purchase shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers habil try hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrants or guarantees, but such liability shall in no event include loss of profits or lass 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 change to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change orderif any such change affects the amount due or the time ofperfarmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parries as to any work or materials then in progress provided rho, e6e Purchaser shall rot be liable for any clams 6r anticipated probes an the umumplaed portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any faced, which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assded within thirty (30) days from the date the change or lamination Is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered end fomished in start compliance with all applicable laws and tribulations to which the goads are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations requited to be incorporated in agreements of this character are hereby inempomted herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Pursbasm as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wninen consent ofthe other parry. 10. TITLE. The Seller warrants bill, clear and unrestricted title to the Purchaser for all equipment, materials, and items finished in performance of this agreement, free and clear of any and all lieu, restrictions, reservations, security interest mcumbmncep and claims ofofic rs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser damcts the Sella to correct nonconforming or defective goods by a date to be agreed Open by the Purchase, and the Sella, and the Sella thro of n indicates its inability or unwillingness to comply, the Purchaser may cause she work to be performed by the must expeditious means available to it, and the Seller shall pay all cos. associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resularg from the performance ofaucn weak. This release shall apply even in the event of fault of negligence of the any released and shall extend to the directors, officers and employees of such 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 perficnd by the Pumhaca, 14. PATENTS. Whenever he Seller is required to use any design, device, material or process covered by letter, paten,, trademark Or copyright, the Seller shall Indemnify end save harmless the Purchaser from my and all claims for nightmare., by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnity ,he Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecmion or after the completion of the work. In case ..ad equipmrn,, or any part thereof a the Intended use of the goods, is at such suit held to constimse infringement and the use of said equipment or pan is board, the Seller shall, at its awn expense add at its option, tither procure Car the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nonagngagequipment, of modify is so it becomes to infngmg. 15. INSOLVENCY. If the Seller shall became insolvent or baakmpt, make an assignment for the benefs of creditors, appoint a receiver or inside for my of the Sellers pmproly or business, this Omer may forthwith be canceled by the Fuchsia without liability. I& GOVERNING LAW. The definitions of teme used or the anteffmadion ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Repreaenative(s), on the premises ofotbem. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Sellers own risk until the same is fully completed and accepted, and shall, or se of my acca na, destruction or injury on the work and/or materials before Sellers final completion and acceptance, complete the work at Settees own expense and to the smlefdon of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, uNoad, some and handle same at the site and became responsible therefor as though such materials and/or equipment were being furnished by the Sella under foe order, 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 contraction with the work covered by this purchase order, and/or to their dependents in accordance with the laws ofthe state in which me wad is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, eontraemal and automobile public liability insurance with bodily injury and death hmid, of at least $300,000 for any our person, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his compactors, if my, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cemafecate that such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and memories have been provided. Such certificates shall specify the date when such compensation and Insurance expires. The Seller agrees that such oompmastion and lnsu®,cn shall tw maintained until it,, Me Mire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, less or injury of any kind r nature whatsoever to persons or property caused by or resulting tram the execution add work provided for in this purchase order or in connection herewith The Sella will indemnify and hold hemdess the Purchoser and any or all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the 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 Purchaser, or its officers, agents or employees at any time on account or by reason of any act, action, neglad, omission or default of the Seller of any of has contractors or any of its or their offers, aged. a employees as aforesaid, 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, charges, runways 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 office proceedings, and in case judgment or other fen be placed upon or obtained against the property of the Purshown, or said parties in or as a result of such suits or other proceedings, me Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his compactors shall take all safely precautions, finish and install all guards necessary for the prevention of acedows, comply with all laws and regulations with regard to safety including, be, without hommm, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 09R014