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HomeMy WebLinkAbout104037 RSC EQUIPMENT RENTAL - PURCHASE ORDER - 3212240PURCHASE ORDER PO Number Page City Of3212240 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 104037 Ship To: WATER UTILITIES RSC EQUIPMENT RENTAL CITY OF FORT COLLINS 1429 E MULBERRY ST 700 WOOD ST FORT COLLINS Colorado 80524-3517 FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: OPAL DICK Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 2012 BLANKET ORDER 1 LOT LS 10,000.00 UTILITIES 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 Total Invoice Address: $10,000.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By stnNtc the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon .strict perfommancc of the term., and conditions heucof. failure or delav to Internal Revenue. Denver. Colorado (Ref. Colorado Revised State s 1973. Chapter 39-26, 114 (a). "'miss, any rights or remedies provided herein or by law, failure to promptly notify the Set lei in the cent of a breach, the acceptance of or payment for good, hereunder or approval of the design, shall not release the Seller of Galls Rejected. GOODS REJECTED due to failure to meet specs, 6cation, either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a univcr of any right of the damage in manic. race be occurred to you for credit and arc not to be replaced except upon receipt of written purchaser in insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless instructions front the Cite of Fen Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or r scision of this purchase order by the Purchaser operate as a waiver of any of the more; Inspection. GOODS arc subject to the City of Fart Collins inspection on 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 the pan of the City of Fort Collins However, it is to he undcrtand that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fmm antitrust ACCEPTANCE is dependent upon completion ofall applicable requited inspection procedures violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it cony now have or hcrcancr Freight Teats Shipments must be F.O.E.. City of Fort Collins, 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust Imes for such overcharges relating to the particular goods or services othmvise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased m acquired by the Purchaser pursuant to this parches c order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manuGetnrers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconfnmting or defective goods by a date to he ngmed upon by the expected form the nearest distribution point to destination, and excess freight will he deducted fmm Invoice when Purchaser and the Seller, and the Seller hereafter indicates its inability or unwillingness to comply. the Purchn,cr shipments arc made hroom greater distance. may cause the work to be performed by the most expeditious means available to it and the Scllcr shall pay all costs associated with such work. Pcmits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses required by all applicable laws, regulations, ordinxnec, sad rules of the state. municipality, territory or political subdivision where the work is performed, or required by any other only constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdm% From and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates and requirements. Auchorirmion. All panics to this contract agree that the representatives arc, in fact, been fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to the remit, and conditions stated herein set funs and any supplementary or additional terms and conditions annexed hereto or lactation led 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 m 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 attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late dclivcrics, shalt opeate as a waiver of this provision, In the event of any delay. the Parchoser 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 Seller shalt not be liable for damages as a result of delays due to cause, not reasonably foreseeable which arc beyond its reasonable control and without its fault ofacgliger cc. such acts id -God. acts ofeivil or military authorities, governmental priorities, fires, strikes Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within rive (5) days of the time when the Seller first received knowledge thereof. In the event infamy such delay, the date of dclivcry shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warants that all goal, articles, materials and work covered by this order will conform with applicable drawings specification, samples and/or other descriptions given, will he fit for the purposes intended, and performed 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 fmm any loss, damage or expense which the purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make gad, without cost to the purchaser, any defects or faults arising within one (I ) year or within such longer period of time as may he prescribed by law or by the teas of any applicable warranty provided by the Seller after the date of acceptance of the gads furnished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofray claim under this wamnty. Except as otherwise provided in this purchau order, the Scllcr, liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing mammies or guarantees, but such liability shall in no event include loss of profits or loss of use. NO I PLI F.D WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Pu¢hascr 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 order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by written change order. terminate this agreement as to any or all portions of the gods then not shipped, subject to any squiabls, adjustment berscen the panics as to any work or materials then in pmgmxs provided chat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damagts, and that no such adjustment be made in favor of the Seller with respect to any good .which are the Scllen standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assured within thirty (30) days means the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnts 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 arc 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 incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamlet fmm all costs and damages suffered by the Purchaser as a result of the Sellers faihnc to comply with such law. 9. ASSIGNMENT. Neither puny shall assign, transfer, or convey this order, or any monies disc or to become due hereunder without the prior women consent of the other party. 10. TITLE. The Scllcr w.amnr full, clear and unrestricted title to the Purchaser for all equipment annaTialr, and items famished in performance of this agreement, free and clear of any and all liens, restrictions, reservations security interest encumbranecs and claims of other. The Scllcr shall release the Purchaser nad its contractors of any tier from all liability and claims of any nature rcsdting Form the performance ofsueh mark. This release shall apply cyca in the event of fault of negligence of the pare released and shall extend to the directors. officers and employees oLmch party. The Seller's contractual obligations, including wamnty, shall not be devoted to be reduced. in any way, because such work is performed or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save homeless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device. material or process in connection with the contract, and shall indemnify the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution nr f fier the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is eninined. the Seller shall, at its own expense and at its option. either procure for the Purchaser the right to continue using mid equipment or pans, replace the same with substantially equal but noninfringing equipment or modify it so it becomes nnninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the bereft of creditors, appoint a receiver 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 afferms ut,cd or the interpretation of the agreement and the rights ofall panics hcrcundcr shall be construed undated governed by the lasers of the State of Colomdo. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reposes entative(s), an the pmmiscs ofothen. 17. SELLERS RESPONSIBILITY. The Scllcr shall carry on said work at Seller's own risk until the same is fully completed and accepted. and shall, in case of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Punctures, When materials and equipment arc Famished by others for installation or erection by the Seller. the Seller shall receive, unload, store and handle same it the site and become mst ursible therefor as though such materials and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall. at his own expense, provide for the payment of workers compensation, including occupational disease wriefils. to its employees employed on or in connection with the work covered by this purchase under, and/or to their dependents in accordance will the Imes of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to. continental and automobile public liability insurance with hotlily injury slid death limits of at least S1e0.000 for any one persen. $506.000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to provide for such cmupeasntion and insurance. Before any of the Sellers, or his contractors enmlovecs shall do any work spun the wrinise, ofothers, the Seller shall famish the Purchaser with a ecnifieate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such commensalism and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until a0cr the entire work is completed and accepted. 10. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby.assumes the entire responsibility and liability for any and ail damage. Inns or injury ofany kind nr nature whmsaver to persons or property caused by or resulting from the execution of the work provided for is this purchase order or in connection herewith. The Seller will indemnify and hold formless the Purchaser and any r all of the Purchnscr officers. agents and employees from and against any and ill claims, losses, damages, charges or expenses. whether direct or indirect, and whether to min sons or property, to which the Pumhasar may be put or subject by reason of any net, action, neglect omission or default on the pan of the Seller, any of his contractor, or any of the Sellers or contractors officers. agents or employees. In ease any suit or other proceedings shall be brought against the Prmhneq or its ot5eers, 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 eontrneton or any of it or their effects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the ,ante at the Seller own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may he incurred by or obtained against the Purchaser or any of its or [licit nficets, .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 Purchnscr, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissolved and discharged by giving bond or otherwise. The Scllcr and his cantractots shall take all safety precautions, famish and install all guards necessary for the pmvcntion of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all sales and re. lations issued pursuant thereto. Revised 03/2010