HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9143987Fort Collins
Date: 07/18/2014
Vendor: 113984
WAGNER EQUIPMENT CO
18000 SMITH RD
AURORA CO 80011-3511
PURCHASE ORDER
PO Number Page
9143987 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: STREETS DEPARTMENT
CITY OF FORT COLLINS
625 NINTH STREET
FORT COLLINS CO 80524
Delivery Date: 07/1512014 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 PER QUOTE 966K
dated 7/9/14
lsicel IIIIIIIIIIIIIIIIIIIIIâ– 169
DOC# 09Q051677-$457.57, 676-$1075.55, 673-$362.82,674-$835.82, 675-$247.44
671-$904.80, 672-$904.80
Parts for repairs to Cat 966K Wheel Loader.
Contact: Rick Winkelmann
(970)221-6770
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
4,788.80
Pay terms net 30 days
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. COMMERCIALDEfA1LS.
Tax exemptions. By statute the City of Fort Collins orations from sure and turd taxes. Our Exemption Number is
11. NONWAIVER.
98-01502. Fedeaml Excise Tax Exemptiaa Cenifcme of Registry 84-60(0587 m regisreml with she Collector or
Failure of tM Porchazer to insist upon strict perfotmmce of the terms and mvditiotu hereof, failure or delay to
hats.) Revenue, Denver, Colorado (Ref. Colorado Revised Salutes 1973, Chapter 39-26,114 (a).
exercise, any rights or remedies provided herein or by law, failure to promptly modify the Seller in the event of a
breach, the acceptance i for payment for goods hereunder or approval afshe design, shall not release sM Seller of
Goods Rejected. GOODS REJECTED due as failure to meet specifications, either when shipped or due to defects of
any of the xunantis or obligations of this pmchase order and shall not No deemed a waiver of my right of the
damage in transit, may be rerumd to you for credit and arc not to be replaced except upon receipt of written
purchaser to insist upon sufct performance hereofor any of its rights or remedies as to any such goods, regardless
instructions from the City of Fort Collim,
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any puryoraed
am[ modification or rescission of this promises, order by the Purchaser operate as a waiver of any of the terns
Inspection. GOODS are subject m the Ciry of Fort Collins inspection on anlvil.
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. lioweven it is a be understood flmFINAL
Seller and the Purchaser recognize that in actual a Ic prober, o emhage rs resuhing from antitrust
ACCEPTANCE is dependent upon completion of al l applicable required inspection procedures.
violation are in fact home by the Purchaser, ertnf Threfor cause and as consideration for executing this
purchase order, the Seller hereby assigns m the Purchaser any and all claims it may now have or hereafter
Freight Terms. Shipments most be F.O.B., City of Tom Collins, 900 Wood St., Fort Collins, CO 80522, unless
acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services
otherwise spari fled an this order. If permission is given to prepay freight and charge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill most accompany invoice. Additional charges fro packing will nor be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is
expected from the nearest distributwer point to deviation, and cocas freight will be dducad font Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sale cast all necessary lemurs, ttnificaux and boor es front by all
applicable Iaxs, regulation, ondiranttm and rules c f the shim, municipality, arrimry or political subdivision where
the work is performed, or acquired by any other duly mntituted public authority havingjumsdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collin hamdess from and aFinsl all liability and loss
incurred by them by reason of an assmed or established violation urinary such Iaxs, regulations, ordinances, rates
and paRitements.
Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said ponies.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the to. and conditions stated
herein set forth and any supplementary or additional terms and conditions annexed herein or incorpe mad herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyor cannot make complete shipment to arrive on your
promised delivery date s ruled. Time u arrive essence. Delivery and performance most he effected within the time
stated on she purchase order and the docuraenu attached hereto. No ac% of the Purchasers including, without
limiation, acceptance ofpanial lose delivmu, shall operate n a waiver ofthis pmmi ion In the went of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, fire option of placing this order elsewhere
and holding the Seller liable for damages. However, she Seller shall not be liable for damages us is malt of delays
due to cruses rot reasonably Removable which are beyond its reasonable control and without its fault ofnegligeur,
such acts of Gad, act of civil or military autluritim. governmental priorities, fires, strikes, Bold, epidemics, wars or
riots provided that notice of rise conditions coning such delay is given in the Purchaser within five (5) days of the
time when the Seller lira received knowledge thereof In the went of any such delay, fie date of delivery shall fir
extended for the period egml to the time actnally lost by cousin of the delay.
3. WARRANTY.
The Seller warrants that all good, ankles, mmmals 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 countermove in accordance with accepted standards 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 of the Seller breach of warromm. The Seller shall collar, repair or make
good, without cost o the purchaser, any defects or faults arising within one (1) year or withn such longer period of
time ns may he prescribed by law or by the term ofany applicable wananry provided by the Seller arms the date of
acceptance of the goods finished hereunder (acce farce not to b, unreasonably delayed), resulting from imperfect
or defensive work done or maadals fmishd by dre Seller. Accepance or sue of goods by she Purchaser shall at
onrimrc is waiver of my claim order this wemnty. Emeritus as otherwise provided in this purchase under, the Sellers
liability hereunder shall extend to all damages proximately caused by she breach of any of the foregoing warranties
or l um aces, bur such liability shall in m event include lass of porn or loss ofus, NO IMPLIED WARRANrY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make change to legal tenses by wdntin change order.
5. CHANGES IN COMMERCIAL TERMS.
The Pamlimer may make any changes to the terms, other than legal terms, including additions m or deletions from
the quantities originally ordered in the specifications or drawings, by verbal or change order. If any Stich
change streets the amount due or the time of performance hereunder, Imo equitable adj surria shall be made.
6. TERMINATIONS.
The Purchaser may at any time by woman change wide terminate this agreement as to any ar all pardon of the
goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in
progrem provided that the Purchases shall not be liable for any claims for anticipated profits no the uncompleted
Portion of the goods and/or work, for incidental or mmryvential damages, and that no such adjsrment be made in
favor of the Seller with respect to any goods which see the Sellers smndard suck. No such wrniration shall relieve
the Purchaser or the Seller of my oftheh obligations m to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for s l tome nt must be asuned within shill (30) days from she date she change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have bren produced, said, delivered and famished in airier
compliance with all applicable laws and regulations m which the goods are subject The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be
inco,somed in agreements of this character are hereby incorpommd herein by this reference. The Seller names to
indemnify and hold the Purchaser hvmless 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, uanfer, or convey this or or any monies due or to became due hereunder without the
prior women consent of the other pang.
10. TITLE.
The Seller warmnts full, clear and unrestricted title in the Purchaser for all equipment, maerials, and items fmishedd
m performance of this agreement, flee and clear or my and all lien, restriction, reservations, security interest
encumbrances and claims ofnthem.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
time Purchaser directs she Seller to corren ncaunu f ing or defective goads by a date to be agreed upon by the
Paradoxes and the Seller, =it the Seller thereafter indicates its imbiliry or unwillingness to comply, the Purchaser
may cause life work in be performed by the mast cxpeditiom means available to it and the Seller shall pay all
carts assatvted wish such work.
The Seller shall release the Purchaser and its rommcmrs of any net from all liability and claims of any nature
resuhing from the performance ofsuch work.
This release shall apply even in she event of fault of negligence of the parry released and shall extend ro she
direnwrs, ogress and employees ofsach party.
The Seller's contractual obligations, including warranty, shill not be deemed to be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required muse any design, device, material or process covered by lease, patent, trademark
or copyright, rise Seller shall indemnify and save h rmiless the Purchaser from any and all claims for infringement
by reason of the use of such parented design, device. numeral or process in connection with the contract, and
shall indemnify the Purchaser for any cost, exprom or damage which it may be obliged an pay by reason of such
infringement at any time during the prosecution or after the completion of she work. In case said equipment, or
any pan thereof or the amended tau of the goods, is in such suit held to comtimre infdngenant and the we of
said equipment or Two u enjoined the Seller shall, at its own expense and at its option, either procure fro the
purchaser she right to continue using said equipment or part, replace the same wish substantially equal but
roninf bri ing equipment, or modify it u it becomes noninGnging.
15ANSOLVENCY.
If the Seller shall become insolvent or bankrupt make an assignment for the benefit of creditors, eppeint a
receiver or mature for any of the Sellersproperty or business, this order may forthwith be canceled by the
Purchases without liability.
16. GOVERNING LAW.
The definitions of terms red m the interpretation of the ogee tom and the rights of all parties hereunder shall b,
commed under and govemed by the laws ofthe Sum ofColomdo, USA.
The fallowing Additional Condition apply anly is where the Seller is 1.perform work hereunder,
including the services of Sellers Repreunarive(s), an the premises af.thme.
17. SELLERS RESPONSIBILITY.
The Sella shall tarty em said work at Sellers owes risk until the same is rally completed and accepted and shall,
in rase of any accident, destruction or injury to the work anhVor rommBs before Sellers final completion and
uttpwae. complete the work in Sellers own expense and to the satisfaction of the purchases. When materials
and equipment are famishd by others for installation or erection by she Seller, she Seller shall receive, unload
some and handle same at she ate and become responsible therefor as though such materials andfr equipment
wort being Nmishd by the Seller uni er the order.
18. INSURANCE.
The Seller shall, ar his own expert, pno ide for the payment of workers compere atlon, including occupational
disuse turnoffs, to its employers employed on or in connetlion with the work covered by this purchase order,
andor to their dependents in accordance with the Iaxs of rise mare in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with dxlily injury and death limits of at least S300,00n for any one person, $500,000 far any
one accident and property damage limit per accident of $400,000. The Seller shall likewise require his
nntracmn, if my, m provide for such compensation and an
insurance.
Before y of the Sellers or his contractors
employees shall do any work upon the porn Ives of others, the Seller shall famish the Purchaser with a certificate
that such compensation and insurance have been provided Such certificates shall specify the date when such
compensation and instanntt have been provided. Such certificates shall specify she date when such compensaion
and insurance expires. The Seller agar Nat such compensation and insurance shall b, maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
Th, Seller hereby acsuma slrc entire mponsibility and liability for my and all damage, 1. tar injury of my kind
at vtere wiarssever m person or property caused by or resulting from the execution afthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purtbsser and any
an all of the Purchasers officers, agents and employees from and against any snd all claims, losses, damages.
charges or expenses, whether direct or indirect, and whether in petmn or propcny to which the Purchaser may
be pm or subject by reason of any act, urion, n lion, omission or default on the pan of she Seller, any of his
rommcmrs, or any of she Sellers or conturso, officers, agents or employees. In case any suit or other
proceedings shall he brought against she Purchaser, or its officers, agents or employees many time on amount 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 Seller hereby agrees To assume the defense thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, amome s fees and other expenses,
any and all judgments that may be incurred by or obtained against she 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 she property of the Purchase, or said parties in or as a result of such suits or other proceedings,
the Seller will at core cause she same to be dismlved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of
accidents, comply with all laws and regulation with regard to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles ma regWammi hued pursuant harem.
Revised 07n014