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HomeMy WebLinkAbout260976 UNITED RENTALS - PURCHASE ORDER - 9115242Fort Collins Date: 09/12/2011 Vendor: 260976 UNITED RENTALS 791 E 64TH AVE DENVER Colorado 80229 PURCHASE O Ship 1 ER PO Number Page 9115242 1of3 hls number must appear on all invoices, packing slips and labels. OPERATIONS SERVICES CITY OF FORT COLLINS 300 Laporte Avenue Building B FORT COLLINS Colorado 80521 Delivery Date: 09/12/2011 1 Buyer: JAMES HUME Note: Line Description Quantity UOM Unit Price Extended P n,A..,4 DA'. Rent a 375 CFM compressor Rental from 09/13/11-11/11/11 (8 weeks). City of Fort Collins City Park Pool(M1509) will usefor 3 weeks and Parks will use for the duration. Units will be picked up by the City. Contact person is Brandt Dobson, 222-9619 City Park Pool, 1597 City Park Dr. or LeOra Spence 221-6891 office. 2 Rent a 375 CFM compressor Rental from 09/19/11-11/11/11 (8 weeks). City of Fort Collins, City Park Pool will have unit for 2 weeks (M1509) and Parks will have for the duration. Units will be picked up by the City. Contact person is Brandt Dobson, 222-9619 City Park Pool at 1597 City Park Dr. or LeOra Spence 221-6891.office. 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 1 LOT LS Total Invoice Address: 4,315.89 4,315.89 78 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page r.117/ Of15242 2 of a `t Collins/ v his number must appear on all invoices, packing lips and labels. 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 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 I. COMMERCIAL DETAILS. I Tax exemptions. By show the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAIVER. 9"502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser N insist upon strict Performance of the terms and conditions hereof, failure or delay to humnal Revenue, Deaver, Colorado (Ref Colorado Revised Smtutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure W promptly notify the Seller in the event of a breach, the acceptance of or payment far goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure W meet specifications, either when shipped or due w detects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned W you far credit and are Fort w be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as W any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, am shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of my of the terms taapa iota GOODS are, subjat w the City of Fort Collins inspection an arrival. hereof Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on We part of the City of Fort Collins. However, it is to be understood that FINAL Seller and thel Purchaser reeogniu that in actual aonomic practice, overcharges resulting from maintain ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fan hone by the Purchaser. Theretofore, for good 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 hercafta Freight Teams. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired underlfxteral or state mtionst laws far such overcharges relating W the particular goods or services otherwise specified on this odm. If permission a given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant in this purchase Oder. bill arm accompany invoice. Additional charges for packing will non be accepted. I Shipment Distance. Where manufacNrers have distributing points in various pans of the country, shipment is expected farm the nearest distribution point W destination, and excess freight will be deducted from invoice whin shipments are made from greater distinct. Permit. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances until rules of the sate, municipality, territory or political subdivision where the work is performed, or required by my other duly constituted public authority having jurisdiction ova the work of vendor. Sella further agrees w hold the City of Fort Collins hornless from and against all liability arq loss inamed by them by reason of an asserted or established violation of my such laws, regulations, ordinances, tales ad requirements. Authorization. All parties to this contract agree that the representatives are, in fan, bona fide and possess full and complete authority to bind said patties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance W the terms and conditions stated herein set forth and my supplementary or additional terms and conditions annexed haem or incorporated herein by reference. Any additional or different terms and conditions proposed by sells are objected w and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canna make complete shipment to arrive on your pmmisW delivery, date as acted. Tim is of the essence. Delivery and performance must be effected within the time sound on the purchase ode and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of pmial ate deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition W 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 ss a result of delays due W causes mi reasonably foreseeable which are beyond as reasonable control and without its fault of negligence, such tam of God aces ofcivil or military authorities, governmental priorifies, fares, mikes, Flood, epidemics, wars or rims provided that notice of the conditions causing each delay is given W the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of my such delay, the date of delivery shall be extended far the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Sella warms 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 carnpctewe in accordance with accepted standards far work of a similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers bract, of warranty. The Seller shall replace, repair or make good, without cast to the purchaser, my defers or faults arising within one (1) year or within such longa period of time ss may be prescribed by law or by the terns ofany applicable warranty provided by the Sella after the time of acceptance of the goods famished hereunder (acceptance am to be unreasonably delayed), resulting from imperfect or def xtive work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as mhan im provided in this purchase Oda, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofmy of the foregoing semantics or guarantees but such liability shall in no event include loss of profits a toss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchase may make changes to legal terms by written change ode. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser tray make my changes to the terms, other than legal terms, including additions to or deletions farm the quantities originally ordered in the specifications or drawings, by verbal or written change order. If my such change aHecns the amount due or the time of performmnce hereunder, an equitable adjustment shell be wide. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement as W any or all portions of the goods then not shipped, subject W my equitable adjustment between the ponies w to my work or materials Wen in progress provided that the Porch. shall am be liable far my claims far anticipated profits on the uwomplaixi portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect W my goods which are the Sellers standard stack. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as W my goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivered and famished 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 W effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and boll the purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure W amply with each law. 9. ASSIGNMENT. Neither parry shall assign, tronsfa, or convey this order, or my monies due or m become due hereunder without the prior written consent of thi other parry. 10. TITLE. The Sella warrants fa1L Clem and umeetriaed title W We Purchaser for all equipment, materials, and items famished in performance of this agreement, face and elm of my and ell bens, restrictions, reservations, security interest ewumrancta said clams of mhos. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchasei directs the Sella 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 in comply, the Purchaser may cause the work W be performed by the most expeditious means available w it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of my nature resulting from the pallormmce of such work. This release shell apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such party. The Seller's corinnaual obligations, including warranty, shall not be deemed W be reduced, in any way, because such work is performed or re.N in be performed by the Purchaser. i 14. PATENTS. Whenever the Seiler is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser form my and all claims for infringement by maim of the use of such painted design, device, material or process in connection with the comes, and shall indemnifyi the Purchaser far my cost, expense or damage which it may be obliged to pay by reason of such infringement army time during the prosecution or after the completion of the work. In case said equipment, or my part thereof or the intended use of the goods, is in such suit held to constimte infringement and the use of said equipment'or pm is enjoined the Sella shall, at its own expense and at its option, either procmc far the Purchaser the right W continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 1 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a rnaiva or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be cmatmed under and governed by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cases whore the Seller is to perform work hereunder, including the services of Sellers Represmative(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Sella shall'carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Seller's final completion and wceptance, complete the work at Seller's own expense and to the satisfaetion of the Purchaser. When materials and equipment ere famished by others for installation or erection by the Seller, the Sella shall receive, unhand store and handle mine at the site and become responsible therefor as though such materials and/or equipment were being famished by the Sella under the 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 connection with the work covered by this purchase order, stator to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carrycomprehensive general lability including, but not limited to, command and automobile public lability insurance with bodily injury and death limits of at least $300,000 far any arc person, $500,000 far any one accident aid property damage limit per accident of $400.000. The Sella shall likewise require his contractors, if any, W 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 certificate that such compensation and insurmce have ban provided. Such certificates shall specify the date when such compensation aid insurance have ban provided. Such cmifcates shall specify the date when such compensation and insurance expires. The Sella agrees that each compensation and insurance shall be maintained unfit after ere entire work is completed and accepted. 1 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella heretiy assumes the entire responsibility and lability for my and all damage, loss 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 oiler or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employees from and against my end all chins, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property w which the Purchaser may be put or subjed by reason of my tat, action, neglect, omission or default on the pm of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In cam 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 na, union, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the tame at the Sellers own expense, to pay any and all asses, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obtained against the Purchaser or my 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 suits or other proceedings, the Seller will at owe cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard w safety including, but without limitation, the Occupafional Safi ety and Health Act of 1970 and all rules and regulations isswd pursuant thereto. Revised 03/2016 I