HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9142321Fort Collins
Date: 04/25/2014
Vendor: 113984
WAGNER EQUIPMENT CO
18000 SMITH RD
AURORA CO 80011-3511
PURCHASE ORDER
PO Number Page
9142321 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 CO 80521
Delivery Date: 04/25/2014 Buyer: DOUG CLAPP
Note: ref. Rental Bid # 7591
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Rent a Cat AP 1055E MTS Paver
To cover the cost of renting a
Cat AP1055E MTS Asphalt Paver
for the Streets dept. (M3505)
Rental to begin 4/21/14 and continue
for 7 months —cost is $14,000/month
plus delivery/pickup charge $500.00.
Per rental/purchase agreement 04/01/14.
2 Delivery and pickup
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
500.00
Invoice Address:
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 came the City of Fort Collins is exempt from slate and local antes. Our Exemption Numba is
11. NONWAIVER.
98-03502. Federal Excise Tax Exemption Certificate of Registry 84-60005 W is registered with the Collator of
Failure of the Purchaser m insist upon strict performance of the terms end conditions hereof failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,134 (a).
exercise any rights or remedies provided herein or by lax', failure in promptly =try the Seller in the event of a
breach, the acceptance Pro, payment for good hereunder or approval .fee design, shall ned teleau the Seller of
Goods Rejected. GOODS REJECTED due m failure 1. coca specifimlions, either when shipped or due to def is of
any of the wartantia or obligations of this purchase order and shall not be deayed a waiver of any night of the
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of wrinen
purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fun Cull ins
of when shipped, received or accepted, as to any prior or subsequent dehmlt hereunder, nor shall any cautioned
oral modification or rescission of this purchase order by the Purchaser opaate as a waiver of my of the terms
Inspection. GOODS are subject to the City of Fort Caputo inspection on arrival,
hereof.
Final Aaxpt a. Raeipt of me metchandine, servica or ryuipmem in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CWMS.
authorized payment oa the part of the City of Fort Collins. However, it is m be understood that FINAL
Seller and the Purchaser recognize that in actual amernme practice, overcharges malting from aotiment
ACCEPTANCE is dependent upon completion ofall applicable requirtd inspection nowedurts.
violations we in fact home by the Protractor. Theretofore, for good cause and as cousidemtion for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now hws, a havatler
Freight Terms. Shipments must he F.O.D., City of Fen Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or state amitmst 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 or acquired by the Purchase parsuanl to this purchase order.
bill must accompany invoice. Additional charges for packing will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. Nmere manufacturers have distributing points in various pans of the country, shipment is
Ifthe Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
expected from the nearest distribution point to destination, and excess freight will be deducted room Invoice when
Purchaser and the Seller, and the Seller thereafter indicates its holiday or unwillingness to comply, the Poachers,
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 reptired by all
applicable laws, regulationx, ordinances and mles of the were, municipality, temmry or political subdivision whoa
the work is perfmmed, a mluiml by any at,, duly constituted public authority havingjunedmumn ma the work
of vendor. Seller further agrces to hold the City of Fort Collins homeless from and against all liability and loss
incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinance, rules
wd requirements.
Andmiimtion. All parties to this contract agree that hie representatives arc, in fact, bona fide and possess full and
complete authority to bind mid parries.
LIMITATION OF PERMS. This Purchase Oder expressly limits acceptance m the terms and conditions stated
herein set fond and any supplementary or additional terms and conditions worried hereto or incorporated herein by
reference. Any additional Or different more, and conditions proposed by rafter are objected to and hereby rejated.
2. DELIVERY.
PLEASE ADVISE, PURCHASING AGENT immediately ifymu mount make complete shipment to nave on your
premised delivery date as noted. Time is of tic essence. Delivery and performance most be en'eaed within thc time
stated on the purchue order and the documents attached hereto. No acts of the Pumhaurs including, without
llmhation, acceptance ofpanial late delivact, shall.pentc as a waiver mf this Prevision. In the ever army 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 Seller shall not be liable for damages a a result of delays
due to causes rim awsonably foreseeable which are beyond its reasonable annual and without its fault of negligence,
such was OFGOd, acts ofeivil Or imho ry auth.P,ie,, govemmenod priorities, fires, 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 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 arson, 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 andlor other descriptions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
mils moan. The Seller agree to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repay or make
good, without cost to me purchaser, any def is or faults arising within one (1) year or within such longer period of
time w may he proscribed by law a, by the terra of sty ap,liable warmnry provided by the Seller after the date of
acceptance of the good famished hereunder (acepeame not m be unreasonably delayed), resulting from imperfect
or defective work dune or materials f mished by the Seller. Acceptance or use of goad by the Purchaser shall not
constitute a waiver of any claim under this warranty. Except as omerw o, provided in this purchase order, me Sellers
liability hereunder shall extend to all damages proximately mused by the breach of my of me foregoing w arwries
or guarantees, but such liability shall in an event include lost of pmfies or loss of race. 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 COMhERCIAL TERMS.
The Pamh sser may make any changes to the terms. other man legal terms, including additions on or deletions from
the quantities originally odered in me specificatiom or drawings, by verhal Or women change Oder. If any such
change dT 1s the arri due mme time ofnerfxerma 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 punters of the
goods that out shipped, subject to any equitable ad ushomt between the parties as to any work or materials then in
prop!,, provided the, me Purcho er shall not be liable for any claims for anticipated profits on me uncompleted
portion of me good andtor work, for incidemml or consequential damages, and that an such adjustment be made in
i.e., of the Seller with Points,,. any Good which re, the Sellers smndd stok. No such m aniretion shall relieve
the Purchaser or the Seller oftny of their obligations as many good delivered tworm der.
1. CLAIMS FOR ADJUSTMENT.
Any doim for adjustment must be asserted within thirty (30) days than me date the change or S mination Is
ordered.
8. COMPLIANCE WITH LAW.
The Seller wart that all good sold hereunder shall have them produced sold, delivered mul f fished in strict
compliance with all applicable laws and regulations to which me goads are subject. The Seller shall execute and
deliver such documents as may be required m ¢Dec, or evidence compliance. All laws and rc diatiom requirtd to be
incorporated in agreements of this character are hereby incoMomted herein by this reference. The Seller agrees to
indemnify and hold me Purchaser tworde 5 from all costs and damages suffered by the Purchaer as a mesh 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 wnJim canteen, ofthee other parry.
10. TITLE.
The Seller warrants full, clear and mmeom or title m the purchaser for all aryipment materials, and items fomubed
in performance of this womment. free and clear of eery and of lions, recomfoas, recenatione, security interest
encumbrances and claims afothers.
The Seller shall release the Purchaser and its contmaors of any tier from all liability and claims of any name
reulting Item the per mmme of such work.
This Petri shall apply even in the event of fault of negligence of the party released and shall extend to the
duroors, office. and employees ofsuch party.
The Seller's contractual obligations, including warmly, shall not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
l4. PATENTS.
Whenever the Seller is exprired to use any deign, device. material or process covered by loner, patent, uademmk
r copyright, the Seller shall indemnify and save harmless the Purchaser from any and rill claims for infringement
by reason of the use of such patented design, device, material or process in connection with the mntmet, and
shall indemnify the Purchaser for any cost, expense or damage which It may be obliged to pry by reason of such
inGngement at any time during the prosecution or after the completion of the work. In case said ftimmem, or
any part thereof or the inami use of the goads, u In such soil held to consomme infringement and the use of
said tyuipmena or part is joined, the Seller shall, .1 its owes expense and at its option, either paacure for the
Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but
manifidnging equipments or modify it so it becomes noninfringing.
15. INSOLV ENCY.
If hie Seller shall become insolvent or bankrupt, make on zsslgurnent for the benefit of creditor, appoint a
or trv,tm far any of hie Sellers property or business, this order may foMwilh be comeled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition oftemts used or the interpretation of the agreement and the rights of all parties hereunder shall be
construed under and govemed by the laws ofahe Sam of Colorado, USA.
The following Addirionil Conditiom apply only in taus where the Seller is an perform work bereander,
including the services of Sellers Rryle onedive(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and
acceptance, complete me work .l Seller's own c.,r— and In the satisfaction of me Purchaser. Wien materials
and equipment ere frmishnd by others fro installation or erection by the Seller, the Seller shall receive, unload,
store and handle same E1 the site and became responsible therefor a Omagh such nuterizls mdror equipment
were being famished by me Seller under the other.
18. INSURANCE,
The Seller shall, at his own expense, provide for the payment of workers compensation, including occup dimwl
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
worm in their dependents in accordance with the laws of me state in which the work is to be done. The Seller
shall also carry comprehelssive general liability including, but not limited W. conmedml and automobile public
liability insurance with bodily injury and death limits of at less, S300.000 far any one person, S500.000 far any
ate acciden, and property damage limit per accident of S400,000. The Seller shall likewise require his
contractors, irony, to provide for such mmprnmtion and insurance. Before any of the Sellers or his contractors
employees shall do any work upon the premises of others, the Seller shall lumish me Purchaser with a cafftcae
that such compensation and insurance have been prevded. Such certificates shall specify the date when such
compensation and Immance have been provided. Such certificates shall specify me date when such compensation
and insurance expires. The Seller agmes that such compensation and Premiumshall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assum, the entire mpomlbility and liability for any and all damage, loss or injury of any kind
or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchasers .Ice., agents and employ. from and against any and all claims, losses, damages,
charges w expenses, whether dote, or indirect, and vvhara to persons an property m which me Purchaser may
be Put or subject by ,sawn of any act, action, neglect, omission or default on the part of thc Seller, any of his
...am o any of the Sellers a commctors officers, agents or employees. In cam any suit or other
proceedings shall he brought against the Purchaser, or its officers, agents Or employees at any time on account or
by reaon of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its m
their office , agents or employees as aforesaid, the Seller hereby agrees to asmme me defense thereof and to
defend me name at the Sellers own expense, to pay any and all costs, charges, who-Ok fees and outer expenses,
any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oRcene,
agents or employees in such suits or other proceedings, and in ram judgment an other lien be plated upon Or
obtained against the property critic Purchaer, Or said parties in or as a mult ofsuch suits or other paceedings,
she Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall Pike all safety precautions, famish end install all games naessary for the prevention of
accidents, comply with all laws and regulations with regard m safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulations issued generated drawn.
Revised 03WO