HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9142321 (2)City of
Fort Collins
Date: 1112512014
Vendor: 113984
WAGNER EQUIPMENT CO
18000 SMITH RD
AURORA CO 80011-3511
PURCHASE ORDER
PO Number Page
9142321 1012
This number must appear
on all invoices, packing
sli s 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
I Rent CatAP1055E 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
3 Moratorium rental request
11/24/14
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 98,000.00
1 LOT LS
1 LOT EA
500.00
9,020.00
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
I. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number u
98-04502. Federal Excise Tax Exemption Certificate Of Registry 84-11000587 is registered with the Collector of
InUrnal Rwenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifiations, either when shipped or due m Mercers of
Manage in tramik may be remmed to you for credit and are rot to be replaced except upon receipt of samen
instructions from the City affront Collins.
Inspection. GOODS are subject o the City of Fort Collins inspection on spread.
Final Acceptance. Receipt of the merchandise, servicas or equipment in response to this order can result in
wilamixed Payment as the pan of the City of Fort Collins. However, it is to be understood that FINAL
ACCEPTANCE is dependent upon completion afill applicable required inspection procedures.
Freight Terms. Shipments rant be P.O.B., City of Fan Collins, 700 Wood St, pan Collins, CO 80522, unless
otherwise specified oa this oMer. If permission is given to prepay freight and charge separately, the original freight
bill must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where mannfacNrers have distributing Palms in various parts of the country, shipment is
expected Form
the nearest distribution point to datrution, and excess freight will be deducted boom Invoice when
shipments are made farm grater distance.
Permits. Seiler shall procure at sellers sole aw all necessary permits, certificate am licenses required by all
applicable laws. regulation, ordinances and mles of the state, municipality, territory or political subdivision where
Me work is performed, or required by any other duly constituted public authority havingjuriNiction over the work
of vendor. Seller fuller agrees W hold the City of Fort Collins harmless from and against all liability and loss
ncunal by them by raw. of an assened or established violation of any such laws, regulation, ordinances, roles
and raidirtments.
Auforvation. All Ponies to this commet agree that the rem sen mbrs are, in fact, bona Ede and possess full sral
complete authority to bind said parties
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated
herein set fonh and any supplementary or additional tern and condition annexed herein or incorparated herein by
reference. Any additional or di@rmumn and conditions proposed by seller are objected to and hereby rej«ted.
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 awns. Delivery and perfomance most be aboard within the fume
stated on the ma haw order .red the documents alached harem. No acts of the Purchmas including, wlthom
limitation, acceptance of parial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
the Purchaser shall have, in addition in 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 as a result of delays
due to causes not rma nably farumable which are beyond its reasonable control and without tea fault of negligence,
such acts of God, acts ofcivil or military aufonmies, governmental priorities, Ems, strikes, flood, epidemics, wars or
riots provided that notice of the mMition causing such delay is given to the Purchaser, within five (5) days of Me
time when the Sella Erl received knowledge thereof In the event of any such delay, the date of delivery shall be
extent x1 for the Period equal b the time actually lost by reason of the delay.
3. WARRANTY.
The Seller wamants Out all goods, miles, materials all work coveeN by this order will conform with applicable
drawings, specifications, samples andt. other de unpum. given, wdll he Et for the proposes intended, all
Performed with the highest degree of are and competence in accordance with aceepeed standards fro work of a
mile .... The Seller agrees to hold the purchaser lurmlesa from any lass, damage or expense which the
Purchaser may sufferor incur on accomt of the Sellers breach of warranty. The Sella shall replace, repay or make
good, without over the purchaser, any defects or faults raising within one (1) year m within such longer period of
time as may be procribed by law or by Me tensed ofany applicable warranty provided by the Seller after the dam of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not
conclude a waiver of my claim under this wananry. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately ceased by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or loss 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 wrinen change order.
5. CHANGES IN COMMERCIAL TERMS.
The Puramser may make any changes to the tarts, other Nan legal raw. including additions to or deletions from
Me quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the... due or the timhereunder,
e of per(omw.ce hend, an equitable adjummeF shall be it,
6. TERMINATIONS.
The Pureheer may at my time by wdmen change order, terminate this agreement as to my or all portion of the
goods two not shipped, subject to any rNme ble adjasmanr between the Pries so to my wok or materials feu in
progress provided that the Purchaser shall not be liable for my claims for anticipated profits an the uncompleted
portion ofthe goods anger wok, for incidental or consequential damages, all Flat an such ribustmmt be made in
favor of the Seller with respect to my goods which are the Sellers statdand stock. No such armination shall relieve
Me Purchaser or the Seller of my of their obligations a to my goods delivered hrmmda.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be assured within Miny (30) days from the date the change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goads sold hereunder shall have been produced, sold, delivered and famished in strict
ompliance 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 abort or evidence compliance. All laws and regulations terminal to be
incorporated in agreements or this character are hardly incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser handless 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 my mane due or in become due hereunder without the
price wdnen consent of the other party.
10, TITLE.
The Sella wurans fall, clear all unrestricted title to the Purchases for all aliiipmme. materiels, and items famished
in pwfixdrawwa of this agreement, fee and clever of any and ill liens, re trictiom, reersadow, security interest
emvmbrmcc and claims ofofeR.
11. NONWAIVER.
Failare of the Purchaser so insist upon inner I domunce of the adns and conditions hereof, failure or delay or
ammise any rights in remedies provided herein or by law, fa'1ure t. Fron tly ratify the Seller in the event of a
beach, the raceptmee of. payment for goods heeunda camparasal fthee design, shall.. ml. the Seller of
any of the warranties or obligations of this purchase order and shall not be domed a waiver army right of Me
Purchaser Or insist upon strict performance harmfor any of in rights ap mnedies as to any such goods, regardless
of when shipped received or accepted, as to any prior or subsequent &fault hacmder, nor stall any pirponed
oral madifalion in rescission of this purchase order by the Purchaser operate Or a waiver of any of the teems
hereof
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser reeognim that in actual ee Ic practice, overcharges resulting fan or titrust
violation are in fact home by the Purchaser. Theretofore, forgood cause and as consideration for roaming this
purchase order, the Seiler hereby resign to the Purchaser any and all claims it may now have or hereafter
acquired under federal or state antitrnst laws for such overcharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purch tree directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by fe
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, 'he purchaser
may caum the work to be Performed by the mast expedition mean mmimle to it, and the Seller shall pay all
cots uarawal with such work.
The Seller shall release he Purchucr and its contractors of any tier from all liability and claims of any We
resulting to. the performance ofsuch work.
This release shall apply even in the event of fault of rialigmea of the pony retrvscd add shall extend to Me
dimemrs, ofcers and employees ofsuch party.
The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or doused in be Performed by the Purcb com
14. PATENTS.
Whenever the Seller is required to we any design, device, meatier' or process coveted by Imo, prom, trademark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement
by mown of the use of such patented design, device, material or prong in connection with the contract, and
shall indemnify the Purchaser for any cot, expense or 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 work. In caw said equipment, or
any Pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of
said equipment or pan is enjoined, the Seiler shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using and equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify, it an it become noninfringiag.
15. INSOLVENCY.
If the Seller shall become insolvent or baNdupt, make an assigmrnt for the benefit of creditors, appoint a
receiver or Fnmee for any of the Sellers grapary or business, this oMcr may forthwith be, canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The definition afters used or the interpretation ofthe agreement and the rights ofall parties bartender shall be
conmad seeder and gavemeal by the laws oftla Sate efCelmado, USA.
The following Additional Condition apply .thy in cues where the Sella is as perform wok hereunder,
including theservices of Sellers Im rewntative(s), oofepremises of.thers.
17. SELLERS RESPONSIBILITY.
The Seller shall any an said work m Seller's own risk until the same is Polly completed and accepted, all shall,
in u of my accident, destruction or injury to Me work mgor convert, 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 am famished by others for installation or erection by the Seller, the Sella shall receive, unload
store and handle same at the site and become re arcuble therefor as though such materials wdOr equipment
were being famished by the Seller under the order.
18. INSURANCE..
The Seller shall, at his own expert, provide for the payment of workers compensation, including owarpm card
disease benefits, to its employees employed on or in connection with the work covered by this pmchaw order,
anger to their dependents in accordance with the laws of the state in which the .,it is to ha done. The Sella
shall also any somppebens ve general liability including, but cot limited to, contractual and wromnbile public
liability insurance with bodily injury and death limits of at least $300,000 for any one Person, $500,000 for any
orm accident and property damage limit Per anddenl of Sam.". The Seller shall likewise require his
contractors, if any, to pmvide for such compem Lion and assurance. Before any of the Sellers or has ex ntrerors
employees shall do any wok upon the premises of others, Me, Sellershall furnish the Purchaser coif s c ttifiam
Few such compensation all insurance have been provided Such anifmates shot spencify the date when such
compensation and insurance have ban provided Such rertifewas shall specify the date what such compensation
and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until afia the
entire wok is cempined ell mnpled.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby saunas the entire asponsibility and liability for any and all damage, lass or injury of any kind
or nature whatweve to persons or property caused by or malting ban the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hornless the Purchaser and my
or all of the Purchasers officers, agents and employees fmm and against any and all claims, losses, damage,
charges or expenses, whether direct or indirect, and whether to persons or property to which the Purcheer may
be put or subject by prawn of any act, action, neglect, omission or default on the pan of the Seller, any of his
contractors, or very of the Sellers or contractors officers , agents or employees. In case any wit or order
proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or
by reason of any act, action, neglect, omission or default of the Seller of my of has cormorants or any of its or
their officers, agents or employees as aforewid, the Seller hereby agrees m assume the defense thereof and to
defend the mine at the Sellers awn expense, to pay my and all cash, charges, atmmeys fears and afar emarraes,
my acid all judgments that may he incurred by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other promedngs, and in aw judgment or other lien be placed upon o
obtained against the prolseny of the Purchaser, or said panics is or ew a result of such suits or order proceedimgsr
Me Seller will at once done the same in be dissolved and diwhriged by giving bond or otherwise. The Seller and
his contractors shall take all m(cty peecaution, But and install all guards necessary for the paventim of
accidents, comply with all laws all rami.ion with regard to safety including• but without limiation, the
Occupational Safety and HmIN Act of 1970 all all rules and regulations issual p..t therein.
Revived 07f2014