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HomeMy WebLinkAbout126289 WAGNER RENTS INC - PURCHASE ORDER - 3212256PURCHASE ORDER PO Number Page City of PURCHASE 3212256 1 of z `t Collins This number must appear on all invoices, packing slips and labels. Date: 01/23/2012 Vendor: 126289 WAGNER RENTS INC 1317 E MULBERRY ST FORT COLLINS Colorado 80524-3515 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 Rct-� 2. 0'/U�� le — 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: 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. By statute the City of Fort Collins is c,varm from state and local taxes. Onr Exemption Number is 11. NONWAIVER. 98-(W502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 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 ofor payment for goads hemander ar approval of the design, shall not rykasc the Seller of Goods Rejected. GOODS REJECTED due to failure to men 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 right of the damage in transit, may be returned to you for credit and are not to be replaced except upon acccipt of written purchaser to insist upon strict perfornamcc hemofor any of its rights or remedies as to any such goods. regardless instructions from the City al -Fort Collins. of when .shipped. received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS arc subjam to the City of Fort 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 understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting front antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase nnler, Ibc Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter Freight Tents. Shipments must be F.O.E., City of Fort Collins. 700 Wood St., Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased cr acquired by the Purchaser pursuant to this purchase order. bill must mcnmpany invoice, Additional charge for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manu6 churers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expected man the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made farm 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 mature at sellers sole cost all necessary Permits. cenificatts and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, armory or political subdivision where the work is pcifommed, or acquired 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 wad against all liability and loss metaled by them by reason of an asserted or established violation of any such laws, regulations, ordinances. roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind slid panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or incorponted herein by reference. Any additional or different terns 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 pmmised 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 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 rcmedics, the option of placing this order elsewhere and holding the Seller liable for damages. Hmwren the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable central and without its fault of negligence, such acts of God, acts ofeivil nr military authentic,, governmental priorities, Bres, strikes, flood, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller fast received knnwiedge 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 he Et for the purposes intended. and performed with the highest degree of care and competence in accordance with accepted standard for work of a ,similar nature, The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of waamnty. The Seller shall replace repair or make good, withent cast 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 ofany applicable wananry provided by the Seller after the date of acceptance ofthe good famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use o(gods by the Purchaser shall not constitute a waiver ofany claim undo this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall cso nd to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, bat sinch liability shall in no event include loss of profits or Ins%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 changes to the terms, other than legal term%, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or written change older. If any such change affects, the amount due or the time of pert mtancc 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 bnwccn the panics as to any work or materials then in pmgrecs provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted 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 good which an the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any of their obligations as to any funds, delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be mcned within thirty (30) days from the date the change or mo minmion is ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all grxMs 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 to effect orevidenee 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 Purchnser harmless from all costs and damages suffered by the Purchaser 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 written consent of the other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment materials, and items fumished in performance of this agreement. free and clear of any and all liens, restrictions. reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting fmm the pertommanec ofsueh 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 such party. The Seller's contractual obligations, including wamnty. shall not be deemed to he reduced. in any way, because such work is performed or caused to be perfamted 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 indcrun ify aW Save harmless the Purchaser from 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 far any grind, expense ar damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the mark. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same wilh substantially equal but nounfringing equipmenl, or nmdify it so it becomes ouninfringing. 15ANSOLVENCY. If the Seller shall beconme insolvent or banknipt, make an assignment for the benent 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 of teals used or the interpretation ofhh agreement and the rights of all panics hereunder shall be construed 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 hereunder, including the services of Scllers Representzlan(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully committed 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 Sellers own expcn%c and to the satisfaction of the Pueho,er. When materials and equipment arc famished by others for installation or erection by the Seller. the Scllcr shall receive, unload, store and handle same at the site and hccomc responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE:. The Seller elmll, it his own expense, par,, ids 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. and/or to their dependents in accordance with the Incas of the state in which the work is to be done The Seller shall also tarty comprehensive general liability including, bill not limited to, contractual and automobile public liability insurance wish hotlily injury and death limits of at least S300.0m0 for any one Finn. S500.000 far any one accident and property damage limit per accident of S400.000. The Seller shall likewise acquire his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employes, shall do any mark upnn the pmnm ises ofothcrs, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance hive hccn provided. Such certificates shall specify the date when such eompcnsmion and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entim work is completed and acecmled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the cmim responsibility and liability for any and all damage, loss or injury ofany kind or nature ,hrome,c, to person, or progeny canned by at resulting front the execution ofthe work providedfor in this purchase order or in connection hcrcw'ith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Pumhascrs officers, agents and employees from and against any and all claims, losses, damages. charges in expenses whether direct or indirect, and whether to persons or preen to which the Purchaser none be put or subject by reason of any net, action. neglect omission or default on the pan 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 Porehasea. or its officers, agents or employees at any time on account or by reason of any act, aelion, neglect omission or default of the Seller of any of his contractors or any of its or their affects, agents or employees as aforesaid, the Seller hereby agrees to assume the defense Ihercof and to defend the same at the Sellers mvn 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 Purchaser 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 panics in or as a result nfsuch suits or other proceedings. the Seller will al once 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 Imes and regulations 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