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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9112529Fort Collins Date: 05/03/2011 Vendor: 113984 WAGNER EQUIPMENT CO 18000 SMITH RD AURORA Colorado 80011-3511 l aVjwW PURCHASE ORDER V PO Number Page 9112529 1of2 This number must appear on all invoices, packing slips and labels. Ship To: OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 05/03/2011 ' r Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2010/2011 Cat PM200 profiler 1 LOT LS Serial Number #P1 C00502 per City of Fort Collins current Rental Bid and the related service agreement between the City and Wagner Equipment. Rental will begin when unit is delivered to the site --mid May, 2011. Street Department will be charged-- M3508 and M3509 (50-50 split). Our unit #52015. Additional condition: City of Fort Collins will replace all cutting bits on rotor with new Cat 222-7570 or 351-2677 bits prior to returning machine to Lessor. Any needed replacement bits during the rental period will be the responsibility of the Lessee. A Wagner/Caterpillar Care Kit will be ordered and properly used during the duration of the rental to ensure proper use of oils and filters." 2 Delivery charge C3. Oi'1a:9-Q � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 LS 168,000.00 5,000.00 Total $173,000.00 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 1. COMMERCIALDFTAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local tracts. Our Exemption Number is 11 NON WAIVER. 98-0,1502. Federal Excise Tax Exemption Certificate of Regis" 84-6000587 is registered with the Collecmr of Failure of the Purchascr to insist upon strict performance of the terms and ennditions hereof, failure or delay to Internal Revenue. Denver, Colorado (Ref.Colorado Revised Statutes 1973. Chapter 39-26, h 14 (a), cxercisc any rights or rcnmdies provided herein or by laws failure to promptly notify the Seller in the event of a breach, the acceptance of m payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of fire nvmdntics or obligations of this purchase order and shall not be dmmed a waiver of any right of fhc damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance herenfor any of its rights Or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any Inflamed oral modification or mmisaion of this purchrsc order by the Purchascr operate as a waiver of any of the terms Inspection. GOODS am subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merehandim. services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Pumhaser recognize that in rental economic practice. overcharges resulting from amitntst ACCEPTANCE is dependent upon completion ofall applicable required inspection pn,cedums, viol.finn, arc in fact home by the Purchascr. Theretofore, for good cause and as consitim, Pon for executing this purchase order, the Seller hereby assign, to the Purchascr any and at] claims if may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins. 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state onrirraP Imes for such overcharges relating to the par inlay goods or services otherwise specified on this order. If pcm,ission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchascr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various part, of the country, shipment is If the Purchascr directs fire Seller to correct nonconforming or dcfccloc goods by a date to be agrccd upon by the expected from the nearest distribution point to destination, and excess freight will be deducted Front Invoice when Purchaser and the Seller, and the Seller thereafter in twat, its inability or unwillingness to comply, Inc Purchaser shipments arc made From greater distance. may enure the work to be perfomed by the most expeditious means available to it. and the Seller shall pay all cost, associated with such work. Permits, Seller shall procure at sellers sole cast all necessary permits. ecr ificams and licenses required by all applicable laws. regulations. ordinances and rules of the state, municipality, tcuitory 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 hold the City of Fen Collins harmless from and against ad] liability ,ad Ins, incurred by them by reason of an xssencd or established violation of any such laws, regulations, ordinances, mules and requirements. Authorization. All parties to this contract agree than the representatives arc, in fact, bona fide and posses, full and complete authority to bind said panics. LIMITATION OF TERMS. This Pumhase Order expressly limits acceptance to the terms and conditions stated herein set Rob and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is ofthe essence Delivery and performance must be effected within the time stated on the purchase order and the documents Punched hereto. No acts of the Purchasers including, without limitation, acceptance of partial lam deliveries, shall operate as a waiver of this provision. In the event crony 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 Sol her shall not be liable for damages as a result of delays disc to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military anrhontics, governmental priorities. fires, strikes, flood, epi denies, wars or riots provided that notice of the conditions causing such delay is given to the Pumhaser 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 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 perforated with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Pumhaser may sufTer or incur on account ofthe Sellers breach ofwammy. The Seller shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the tams of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or material, burnished by the Seller. Acceptance or use of goods by the Purchascr shall not constitute a waiver ofany claim under this waranty. Except as othcnvisc provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany of the foregoing warranties or guarantees, but such liability shall in no event include loss 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 Purchascr may make any changes 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 under. If any such change affects the amount due or the time ofperfommnce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchascr 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 adinstmcnt between the panics as to any work or materials then in progress provided that the Purchascr shall not he liable for any claims for anticipated profits on the uncompleted portion ofthe 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 goods which ore the Sellers standard stock. No such termination shall relieve the Purchascr or the Seller crony oftheir obligations as to any good delivered hmcunder. - 7. 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 furnished in strict 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 orevidcnce compliance All Imes and regulations required to be incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages inflamed by the Purchascr as . 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 disc hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchascr for all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, msemations, security interest encumbrances and claim, of others. The Seller shall release the Purchascr and its contractors of any net from all liability and clunxs 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 of inch parry. The Sellers contractual obligations, including wamnty. shall not be deemed to be reduced, in any way, because such work is performed or caused to be perfomtcd by the Purchascr. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save hamdess the Purchascr from any and all claims for infringement by ren mi of the use of such patented design, device, material or precast in connection will, the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason oL.moh infringement at any time during the prosecution or after the completion of the work, In case said equipment, or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and st its option, 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 noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or brnknmt make in assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or busincss, this order may forthwith be canceled by the Purchascr without liability. 16, GOVERNING LAW. The definitions oftems used or the interpretation ofthe agreement and the tights off]] panics hereunder shall be coastmed under and governed by the laws ofthe State of Colomdo, USA. The following Additional Conditions apply only in eases where the Seller is to perfom work hereunder, including the services ofSellers Representative(s), on the pram ises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in cast of any accident, destruction or injury to the work and/or materials before Scllcr's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchascr, When mnterials and equipment are fumishcd by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same it the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. 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 cowered by this purcha,c order, and/or to their dependents in accordance with the Imes of fire state in which the work is In be done The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability in with bodily injury and death limits of at least S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of 5400,000. The Seller shall Iikmwise require his contractors, irony. to provide for such compensation and insumnec. Before any of be Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchascr with a ecuificatc that such compensation and insurance have been provided. Such cenifientes shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensmion and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is eempleted and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hcrchy.... me, the entire rcnponsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or pmperry caused by or resulting firm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchascr and any or all of the Purehusers Officers, agents and employees from and against any and all claims, losses damages, charges or expenses, whether direct or indirect, and whether to persons nr property to which the Purchascr nroy be put or subject by reason of any act, action, neglect omission or dcfnalt 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 otfcen, 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 spry of its Or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the ,.are at the Scllcrs own e.spcnse, to pay any and all costs, charges, attemcys fees and other exposes. any and all judgments that may be incurred by or obtained against the Purchascr or any of its or their officers. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such anits or other proceedings. the Seller will at once amuse the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contraetnrs shall take all safety precautions mmish and install ill guards necessary for the prevention of accidents, comply with all laws and transitions with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thereto. Revised 03/2010