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HomeMy WebLinkAbout126289 WAGNER RENTS INC - PURCHASE ORDER - 3214222 (3)PO PURCHASE ORDER 321422er Page CI�f of PURCHASE 14222 1 of z ' `tCollins( - This number must appear V " on all invoices, packing sli s and labels. Date: 12/10/2014 Vendor: 126289 Ship To: WATER UTILITIES WAGNER RENTS INC CITY OF FORT COLLINS 1317 E MULBERRY ST 700 WOOD ST FORT COLLINS CO 80524-3515 FORT COLLINS CO 80521 Delivery Date: 01/07/2014 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 Ordered UOM Unit Price Extended Price 3 Addendum to add addtl funds 1 LOT LS 25,000.00 per req 48844 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.wrn 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 cxemptiom. By smarm the Ciry of Fan Collins is exempt farm stale aaa local taxes. Be, Exemption Number is I L NON WAIVER. 91O04502. Federal Excise Tax Exemption Certificate of Registry 54-6000587 u actinium, with the Collator of Failure argue Purchaser to insist upon area performance order terms and conditions hereof. failure or delay to lotema Revenue. Drover, Colmedo (Ref. Colorado Revised Statutes 1973, Chapter 39-26.114 (a). exemfse any rights or remedies pmridcd herein or by law, failure to promptly misty the Sella in the event of a bench, the rumination, ofor paymmtfor goods heeunder m approval of the design, shall act reloom the Sella of Goods Rejected. GOODS REJECTED due a failure to meet specifications, either what shipped or she to defects of any of Ore waemnties or obligations of this purchase order and shall not M deemed a waiver of any right of the damage in trash, may he retamed la you for aedia and are rwt to be replaced except upon receipt of wrif, purchaser to insist upon strict pert anus hereof or any of its rights or mnedies as to any such goods, regadless instructions from the City of Fan Collins. of when shipped, received or accepted, m to any prim Or subsryurnl default hereunder, we shall any imparted oral modification or rescission of this purchase major by the Purchase opemte as is waiver of any of the terms Inspection. GOODS are subject to the City carport Collins inspection on nrival. hereof. Final Acceptance. Receipt of the merchandise, services or aluipmrnt 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 m be understood that FINAL Sella end the Purchaser recognize that in actual economic practice, overcharge mulling farm antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedum. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight forms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges reining to the particular goods or services otherwise specified on this order. Upermission is given to prepay freight and charge separately, the original freight purchased at acquired by the Purchaser pursuant to this purchase order. bill must accretionary invoice. Additional chances for packing will not be accepted. Shipment Distance. Where onewf turms have disnibming points in somas pans of the country, shipment is expected farm the nmmt distribution point to destination, and excess freight will be deducted from Invoice when shipments are made farm grata distance. Permits. Seller shall procure at sellers sole cost all necessary permits, ccrifcata and licmus required by all applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where abe work is performed, or required by any other duly constituted public authority, havingjurisdinion over the work of vendor. Seller further agrees to Mid the City of Fort Collins harmless from and against all liability and loss incurred by them by reason area acuned or atablawal violation of my such laws, correlations, orditama, roles and requirements. Audso oration. All porous to this contract agree that the representative are, in Tut, bow fide and possess full and complete authority to bind said portles. LIMITATION OF TERMS. This Familiar Glda expressly lim. mcephower to arr temp and canditiom stared herein set forth and any supplemmtary or additional terms and conditions annexed hereto or ins r,rear al herein by reference. Any additional or different it. and conditions proposed by seller are objected to and hereby mynted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mount make complete shipment to arrive on your promised delivery date as noted Gratis wile, essence Delivery end performance cost be effected within the time slated can the purchase order send the documents attached hereto. No acts of the Purchasers including, without limitatian, acceptance of,aill late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller Roble for damages. However, the Seller shall not be liable far damages as a result of delays due to ceases not reasonably foreseeable which are beyond its roummble control and without its fault or negligence, such gets of God. acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that notice of are conditions musing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof In are mat of my such delay, are date or delivery shall be extended for the period equal no the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goads, aricla, drami ds aM work covered by this ender will conform with applicable drawings, specifications, sample, major other descriptions given, will be fit for the paryaus intended, and Performed with the highest degree of tare and cran". in mmrdantt with mcepted standard for work of a similar newer. The Sella agrees m hold the pmchaur harmless farm my loss, damage or expense which the Purchaser may suffer or incur on seem= cram Sellers breach of warranty. The Sella shall rapture, repair or make good, without cast an the purchaser, any defers or faults arising within one (1) your in within each longer period of time as may be prescribed by law or by the term of my applimble warranty provided by the Sella after the date of acceptance of the goods famished hereunder (acceptance not to be memorably delayed), resulting from imperial or defective work done or materials f ifed by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warrnty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximalely caused by the breach of my of the foregoing waro ntia 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 teems by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the mama, other than legal tenor, including additions to or, deletions from the quamiums originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount den or Ore time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS, The Purchaser nay at any lime by wrinm change order, tcmtiraim Nis agreement a to any or all pmtions of are goad then not shipped, subject to any egaiable w1jumncrt bawren the parties as to any work or m stenaB then in progress provided him the Purchaser shall not M liable for any claims for anticipated profits on the uncompleted portion of tM good andor work. rat incidental or consequential damages. and that an such adjustment b, made in favor of are Sella with respect many guests which are are Setters sundmd mock. No such temdmtion shall relieve the Pumbeser or are Sella of any ofthein obligations as to any good delivered hereunder. Z CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days farm the date the change or temtiamtim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall hove been produced, sold, delivered and furnished in salct Ompliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be regoicul to effect or evidence compliance. All laws and regulations required to be incorporation] in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify end hold the Purchaser harmless from all mots ma damages suffered by the Purchaser as a It of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, treafer, or convey this order, or any cronies due or to become due hereunder without the prior wricm consent ofhe office party. 10. TITLE no Sella wnranm full, clear and forameted title lathe Purehaur for all equipment, mareards, and items famished in performance of this agrtcmcnl, free and clew of my and all lions, ratriNoa, reservations, smuier intrmt atctionts ww ma claims ofolura 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconforming or defective goods by a dale to he agreed upon by the Purchnss and the Seller, and the Seller thereas indicates its inability or unwillingness to comply, the Purchaser may cause the week to be performed by the moss excedamus mean available to it, and be Seller shall pay all costs associated with such work. The Sella shall release the purchaser and as mntrators of any for from all liability and claims of my wore resulting from the pert ance ofsuch work. This release shall apply even in arc went of fault of negligence of the party released card shall extend W the directors, nRccrs and employees ofsuch parry. The Sellers continental obligations, including wanaary, shall not be decimal to be induced, in any way, beessom such work is perfoamnd or mused to be performed by the Furchasen. 14. PATENTS. Whenever the Seller 6 required to use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims far infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser fur any cast, expanse 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 case 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 part is enjoined, the Seller shell, at its own expense and at its option, either procure for the Purchaser the right t0 continue using said eq.ipmmt or parts, replace the same with substantially equal but noninfn'nging equipment, or modify it so it becomes naninGnging. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for tM benefit of creditors, appoint a receiver or trustee for any of the Sellers property m business, this order may forthwith he canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofteram aged in the Interpmariom ofhe agreement and the rights of all parties hereunder shall be constnrcd under era governed by the laws ofthe State mfCelomdo, USA. The following Additional Conditions apply only in roses where Ore Sella is in perform work hereunder, including the series of Sellers Representariec(sk on the premises afoahers. 17. SELLERS RESPONSIBILITY. The Sella shall carry on said work at Sellers owa risk until the same is rally completed and meepted, and shall, or mu of any accident, destruction or injury or the work ardor wouran B before Sellers East completion and mceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaa. When marands and equipmrnt we famished by others for installation or section by the Sella, the Seiler shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the Order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disuse benefits, to its employees employed on or in connection with the work awrood by this purchase order, ardor to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also nary comprehensive general liability including, but not limited to, contracting and automobile public liability insurance with bodily injury and death limits of at least 5300,040 for any one Person, S500,000 for any incident and property damage limit per accident of S400,000. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors rmpleyces shall do any work upon the premiss of others, the Sella shall burnish the Purchaser with a certificate that men compensation and iasmnnce have barn provided. Stab certificates shall specify the dam when such anmpensation and incomes, haw been provided. Such secureness shall specify the date when such compensation d assurance expires. no Sena agrees that such compensation and insurance shall be maintained until inner the entire wok is complaed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby usumes the entire responsibility and liability for any and all damage, loss or injury ofany kind r nature whaumver to factors or property caused by or resulting from the execution of are work pconvicted f or this purchase coda or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchaers officers, agents end employees from and normal any and all claims, forms, damages, charges or expenses, whether direct of indirect, and whether to persons or property m which are Punctuator may be put or subject by reason of any art, action, neglect, omission art default on the pan of the Seller, any of his contractors, or any of the Sellers or connectors offices, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time an account art by reason of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their olicem, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and ra defend the same at the Sellers own expense, to pay my and all costs, charges, attorneys fees era other expenses, my and all judgments that may M incurred by of obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other p nereangs, and in can, judgment or other lim be placed upon or obtaiad against the property of are purchaser, or said parties ar or on a mail of such suits or other proceedings, the Sella will at oar arts¢ the same no he dissolved and discharged by giving bond or othensise. The Seller and his contactors shall take all safety precautions, fisM1 aM iismll all guard necessary for the prevention or accidents, comply with ell laws and regulations with regard an safety including, but without limitation, the Compmiowl Safety and Health Act of 1970 and all mans and regulations accord pursuant theram. Raised 01Ro 14