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HomeMy WebLinkAbout126289 WAGNER RENTS INC - PURCHASE ORDER - 3214222 (2)Fort Collins Date: 09/10/2014 Vendor: 126289 WAGNER RENTS INC 1317 E MULBERRY ST FORT COLLINS CO 80524-3515 PURCHASE ORDER PO Number Page 3214222 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/10/2014 Buyer: PAT JOHNSON 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 z Addendum to add addil funds 1 LOT LS 40,000.00 . per req. #48032 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@fogov.00m Total Pay terms net 30 days 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from sum and local tax as Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cmifcat, of Registry 84fi000587 is registered with the Collector of Failure of the Prochaska to insist upon mart perfornume of the terms and conditions hereof, failure of delay to Interval Revenue, Denver, Colorado (Ref. Colorado Reviud Sources 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the went of a breach, the acceptance ofor payment far goods hereunder in appmval orifice design, shall not caters, the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, eitha when shipped or due to clef" of any of the wmmnties or obligations of this purchase order and shall not be dwmed a waiver of any right riche damage in transit, may be remand to You for stern and are not to d replaced except upon receipt of written purchaser to insist upon suits performance hamfor any of its rights or mndics as to any such goals, regardless inactions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any Imported oral modfimtion m rescission of this purchase order by the Purchaser operate as a waiver of any of thr terms Inspection. GOODS are subject to the City of Fort Collins inspection on movaL hereof. Final Acceptance. Receipt of the merchandise. smokes or equipmem in response an this coda can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. au larrimd paMan on the pan of Me City of Fon Collins. Howeva, it is to be undasmod that FINAL Seller and the Purchamr recognbe Nat in mtuel co uric overcharges resulting overchresulting Bonn antitrust ACCEPTANCE is dependent upon completion ofall applicable raluird inspection procedures, violations are in fact home by the Purchaser. Theretofore, for good came end res consideration for executing this purchase order, the Seller hereby assigns to Me Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fon Collins, ]oo Wood St, Fort Collins, CO 80522, unless acquired under frdeml or same an acknot laws for such ovachmges 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 At acquired by the purchaser pursuant to Nis purchase orda. bill muss coo mpany invoice. Additional charges for pekmg will not be ineaptd. Shipment Distance. Where manufacturers have dissociating points in us pans of the country. shipment is expected from the nearest disvthution point to destination, and excess freaght will be deducted from Invoice when shipments are made from greater distance. Permits. Sella shall procure at sellers sole opal all necessary permits, certificates and licatscs requird by all applicable laws, regulations, and areas and roles ofthe state, municipality, terrimry or political subdivision where the work is performed, or required by any other duly eonmitumd public authority havingjuridiction over the work of vandal. Seller murder agrees la hold the City of Fan Collins hmmless franc and against all liability and loss occurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, males and requirements. Authorization All parties In his summer agree that the representatives me, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the toms and conditions slid herein set forth and any supplementary or additional terms and conditions annexed hereto or manTr rased herein by reference. Any addict onni or ditl8rent It. and candaimes proposed by seller are objected co and hereby rejaled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive m your promised delivery, date as noted. Time is of the essence. Delivery and pert ance most be mRa rd within the time Stared oa the purchase order and the dacumems atmchd harem. No acts of the Purchasers including, without limitation, accepmnes, of partial line ddivcrics. shall spectrum as it waiver of this provision. In the event of any delay, Me Pumhasa shall cave, in addition to other legal and quotable remedies, the option ofplacing this order elsewhere and holding the Seller liable (m damages. Ilowrver, the Sella shall or be liable far damages as a result of delays due to causes not annually foreseeable which are beyond is, reasonable control and without its fault ofrcegligence, such actsof Gar,aces mfdvll or military aldimilies, oemmmml promises. fires, st kes, Rood, epidemics, wars or hots provided Nat notice of the conditions causing such delay is given to the Purchases within five (5) days of the time when Me Sella first received knowledge thereof In the event of arty such delay, the data of delivery shall be extruded for the pedod equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Sella amounts that all goods, articles, materials and work covered by this order will conf with applicable drawings, specifications, samples and/or other descriptions given, will be fit far Me purposes intended, and performed with the highest diagram of care and competence in accordance with accepted swndards for work of a milar nature. The Seller agrees to hold Me purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach dwaso vary. The Seller shall replace, repair or make Road, without cost m the purchaser, any defects or faults ansing within one (I) year or within such longer period of time as may be presaibd by law or by the terms of any applicable warranty provided by the Sella tiger the date of acceptance of the goods f mished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work dune or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not ouslitum a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by Me breach of any of the foregoing warranties or gwramees, but such liability shall in no event include lass of pmfts or loss of use. NO IMPLIED WARRANTY OR MERCHANTABI CITY OR OF FITNESS FOR PURPOSE SHALL APPLY. ^ 4. CHANGES IN LEGAL TERMS. The Producermay rake changes to legal terms by wotren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaer may make any changes to the terms. other pan legal terms, including additions to ar deletions fmm the qumtitio originally ordered in the specifications or drawings, by verbal or wrten change order . If any such change afbas the..aunt due a the time ofpaformans, hrreundea an equitable adjustment shall be made. 6-TERMINATIONS. The Purchaser may at any time by written change coder, terminate this agreement as to any or all portions of the goods then act shipped, subject to any eximusblc djurtmcnt between Me parties as to any work or materials then in program provided that the Purchaser shall not be liable for any claims for anticipated profrs on the uncampined portion of the goods and/or work. for incidental or conmqumdal damages. and Nat on such adjustment be, made in favor ale Seller with respect to any goods which arc Me Sellers standard stack. No such termination shall relieve Me Purchaser or the Sella of any oftheir obligations as to any good deliver hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for mijutmmt most be asscncd within thin, (30) days from the date the change or ramiontion is ordered. 8. COMPLIANCE WITH LAW. The Sella xatmns that all good sold hereunder shall have been produced sold delivered and fumishnd in strict compliance with all applicable laws and regulations m which the goods a a subject. The Seller shot[ execum and de iva such documents es may be required to abed or evidence compliance. All laws and regulations requid to be ncamorated in agreements of this character arc hmreby incorporated herein by this reference. The Seller agrees I. indemnify and hold the Patricia harmless franc all costs and damages salt d 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 wrluen consent of the other party. 10. TITLE. The Seller warrants full, clear cad unastricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement. free and clear of any and all link, resniaia k, reservations, smudry intact encumbrances and claims ofactors. U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaer may cause the work to be performed by the most expeditions means available to it, and the Scllcr shall pay all costs associared with such work. Its Seller shall release the Purchaser and its contractors of any tier four, all liability and claims of any nature reaming from the performance crunch wort. Ills release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch party. 'Ile Seller's contractual obligations, including warranty, shall not ba deemed to be reduced, in any way, because such work is perfonnd or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use my design, device, material or process covered by liter, pacts, trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser from any and all claims for infringement by reassain of the use of such patented design, device, notarial or process in connection with the contract, and shall indemnify the Producer for any cost, expense or damage which it may ba obliged to pay by reamn of such infringement at any time during the prosecution or after the completion of the work. In cam said equipment, or my pan Ihetrof or the intended use of the goods, is in such suit had to constitute inRingement and the um of mid equipment or pan is admired, the Sella shall, at its own expense and in its option, either procure for the Pmchua the right to contiaue using said equipnent or pans, replace the some with substantially round but mainGcnging equipment, or modify it so it becomes vorcinGnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt rake an Assignment for the beneft of cmdiio s, appoint a or tndre for any of the Sellers popery or business, this order forthwith fowith be, canceled by Me Purchaser without liability. 16, GOVERNING LAW. The defnitions of corms used or the interpremmon of the agreenern and the rights of all panip hereunder shall be construed under and gmamd "a laws ofthe Stale ofColoado, USA. The fallowing Additional Conditions apply only in cases where the Sella is to perform work hereunder, including the services ofSellm Rcpresenmtiva(s), on Me premises of others. It. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the more is fully completed and accepted, and shall, in e of any accident descracb n or injury to the work and/or materials before Seller's ❑cal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materiels and rouipment are fumishd by others for installation or erection by the Seller, the Seller shall receive, unload, sum and landle same at the site and become responsible therefor as though such materials .&ar equipment was being Consisted by the Seller under the order ... 18. INSURANCE. Ile Seller shall, at his awn expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work coverd by this purchase order, and/or to their dependents in accodance with the laws of Ne state in which the work is to be done. Ile Sella shall also may comprehensive general liability including, but rot limited to, contractual and automobile public liability insruance with holly injury and death limits of at least S310,I100 for any one Amon, SL 0,0au for any one incident and property Manage limit per accident of 5400,000. The Sella shall likewise require his contractors, if any, m provide for such compensation and insurance. Before any of the Sellers or his conuaaors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a canlficom chat such compensation and insurance have been provided. Such catifimsw shall specify the data when such compensation and insurance have been provided Such cenifrates shall specify the date when such compensation and insurance expires. The Seller agrees chat such counionescroation and announce shall be maintained until after the entire wank is complecd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller Nearly asaumw the more responsibility and liability for any sad all damage, loss or injury of any kind r mount whatsocva to persons or property, caused by or resulting from the retention ofthe work provided for in this purchase order in in connection herewith_ The Seller will indemnify and hold harmins the Purchaser anal any or all of the Pumbomm officers, agents and employees fur and against any and all claims, losses, damages, charges or expenses, whether dread or indirect, and whether to peome, or luminary to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pan of the Sella. any of his ontractors, or any of Me Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall ba bought against the Purchaser, or its officers, agents or employees at any time an account or by reason of any act inlion, neglect, o moves or default of the Sella 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 come al the Sellers own expense, co pay any and all costs, charges, attorneys fees end other expenses, any and all judgments that may be incurred by or oboined against the Purchaser or any of its or their officers, agents or employces in such suits or other proceedings, and in case judgment or other lien be placed upon or occurred against the property of the purchaser, or 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 precautions, famish and insoll all Boards necessary for the prevention of incidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Sally and Health Act of 1970 arm all rules and regulations issued parmant therdo. Revised (Onci