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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 3212255PURCHASE ORDER PO Number Page City Of 3212255 t of z `t Collins This number must appear ` on all invoices, packing slips and labels. Date: 01123/2012 Vendor: 113984 WAGNER EQUIPMENT CO 18000 SMITH RD AURORA Colorado 80011-3511 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 1 2012 Blanket Order Utilities C3. OYIe� aQ � 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 Total Invoice Address: 15,000.00 $1 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. Be statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number in 9R-fW501. Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered with the Collector of Internal Revcnue, Denver, Colorado (Ref Colorado Revised Statutes 1073. 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 rcwmcd to you for credit and am not to be replaced except upon receipt of written instructions from the City of Fort Collins. Inspection. GOODS are subject to the City of Port Collins inspection on arrives 11. NONWAIVER. Failure of the Pumhascr to insist upon strict performance of the torts and conditions hereof. frilum or delay to exercise any rights or remedies pmvided 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 of the design, shall not release the Seller of any of the wamatics or obligations of this purchase order and shall not be deemed a waiver crony right of the purchaser to insist upon strict performance hereof or any of its rights Or remedies as to anv such goods, regardless of when sh ipp,d, received or accepted, as to any prior or subsequent default hereunder. nor shall anv purported nml much franca or rescission of this pmchasc order by the Parehaser operate as a waiver of any of the terms 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 part of the City of Fart Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in uemal economic practice, overcharges resulting from antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection pOeish eS. 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 may now have or hereafter Freight Tears. Shipments must be F.O.B., City of Fort Collins, 700 Wood St_ Fort Collins, CO 90522, unless acquired Linder federal or state antitrust haws for such overcharges relating to the pmticular goods or services otherwise specified on this order. If p mmicaion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts Of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the expected fmm the nearest distribution point to destination, and excess freight will he deducted fmm Invoice when Purchaser and the Scllcq and the Seller thercaficr indicates its inability Or unwillingness to comply. the Purchaser shipments are made from greater distance. may cause the work to be performed by the most expeditious means available to it and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, rL,.I.tio.., ordinances and ales of the state. municipality. to itory or political subdivision where the work is perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All patties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authonty to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the teats and conditions stated heroin set fonh and any supplementary or additional temps and conditions annexed hereto or incorporated herein by referenec. Any additional or different temis and conditions proposed by seller are ohjeeted to mad 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 of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpanial 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 ofplacing this order elsewhere and holding the Seller liable for bananas However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligence, such acts of God. acts ofeivil ormilitary authontics. governmental pnodtics, fires, stokes. flood, epidemics, oars or riots provided that notice ofthe conditions causing such delay is given to the Pumhascr within five (5) days of the time when the Seiler 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 good, 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 car, and competence in accordance with accepted standard for work of a similar nature. The Seller naves to hold the purchaser harmless from any loss, damage or expense which the Purchaser any suffer or incur on account ofthe Sellers breach of u'amnty. 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 terms of any applicable warranty provided by the Seller after the date of acceptance of fie good furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fbmished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this aarroury Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages pmximateiy caused by the breach of any of the foregoing warranties of guarantees, but Stich liability shall in no event include loss ofpmfits or loss ofuse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser mo make changes to legal terms by wrincn 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 from the quantities originally ordered in the specifications or drmvings. by verbal or written change order. If any such change affects the amount due or the time ofperformancc 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 bdwecn the panics as to any work or materials then in pmgress pmvided that 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 damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No Stich termination shall reieve the Purchaser or the Seiler of any of their obligations as to anv good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. R. 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 good 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 incorporated herein by this reference. The Seiler agrees to indenmify and hold the Pamlitscr harmless from all costs and damages suffered by the Purehoscr as a result of the Scllcrs 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 poor written consent of the other party. 10. TITLE. The Seller wammts full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions resenations, security interest encumbrances and claims of others. The Seller shall mha,e the Purchaser and its can tract ors of any tier from all liability and claims of any nature resulting from the performance ofmch work. This rcica,c shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch parry. The Shccr's emaluemal obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be 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 harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or pmcess in connection with the enamel and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at anytime 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 suit held to constitute in friagc ncal and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and al its option, either procure for the Pumhuer the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or modify it so it becomes noninfringinF. 15. INSOLVENCY. If the Seller shall become insolvent or hankrupt make in assignment for the benefit of creditors, appoint a receiver or mislec for anv of the Sellers property or business, this order may forthwith be canceled by the Purchaser without IiabiliN. 16. GOVERNING LAW, The definition, ofterms used or the interpretation of the agnetmat and the rights ofell panics hereunder shall be consimed under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hcreunder, including the scry ices of Scllcr, Representative(,), on the premises 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 case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are Garnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the Site and became responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense. provide for the payment of worker compensation, including occupational disease benefits to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the ,into in which the work is to be done. The Seller shall also carry eourprchensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at ;cast S300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,606. The Seller shall likewise require his contractors, if any, 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 furnish the Pumhascr with a certificate that such compensation and insurance have been provided. Such ecrtificams shall specify the date when such compensation and in ce have been pmvided. Stich certificates shall specify the date when such eompeasnuan and insurance expires The Seller agrees that such compensation and insurance shall he maintained until after the cntirc work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respensibiliry and liability for any and all damage, loss or jam, Ofany kind or nature whatsoever to persons or property caused by or resulting fmm the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify mad hold harmless the Purchaser and any or all of the Pumhascr, effects, anent, and employees fmm end 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 pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In ease any suit or other pmceedings shall be brought against the Purchaser. or its offs rs, 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 officers, agents or employees as aforesaid, the Sal let hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Pumhascr or any of its or their officers, agents or employees in Stich suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, of said panics in or as a result of such 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 take all safety precaitima, furnish and install all guards necessary for the prevention of accidents. comply with all laws and regulations with regard to safe} including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 03/2010