HomeMy WebLinkAbout104037 RSC EQUIPMENT RENTAL - PURCHASE ORDER - 3215031Fort Collins
Date: 01/02/2015
Vendor: 104037
RSC EQUIPMENT RENTAL
1429 E MULBERRY ST
FORT COLLINS CO 80524-3517
Delivery Date: 01/02/2015
PURCHASE ORDER
PO Number Page
3215031 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: TRAFFIC OPERATIONS
CITY OF FORT COLLINS
626 LINDEN STREET
FORT COLLINS CO 80524
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Signal Construction Supplies
Annual
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
5,000.00
Total
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Page 2 of 2
1. COMMERCIAL DETAILS.
Tax exemption. By statute the City of Fort Collin 6 exempt from state and local taxes. Our Exemption Number is
I L NONWAIVER.
984N4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Pu¢hser to insist upon stria perfonnmce of the ttrtns and condition hereof, failure or delay to
lace nl Revenue, Denver, Colorado (Ref. Colorado Revised So m es 1973, Chapter 39.26, 114 (a),
exercise any rights or remedies provided herein or by law, failue to promptly notify the Sella in the event of a
breach, toe acttpmnce of or payment for .its Immune, or approval of the design, shall not release the Seller of
Goods Rejected. GOODS REIECTED due to failure to meet specification, either when shipped or due to defects of
any of the warranties or obligation of this purchase Omer and shall not be dammed a waiver of any right of the
damage in tronit, may be mouthed to you for credit and are not to be replaced except upon receipt of written
Purchaser to insist upon writer performance harmfer any of its rights or remedies a to any such goods, regardless
instructions firm the City of Fan Collins.
of when shipped, received or accepted, as to any prior or subsequent default herewWa, nor shall any purported
oral modifcaooa Or rescission of this purchase out by the Purchaser Operate as a waiver of any i f the terms
Inspection. GOODS are subject to the CiryofFom Collin impaction on anival.
hereof.
Final Acceptance. Receipt of its, merchandise, surficew or equipment in response to this order man result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mannized payment on the pan of the City of Tom Collins. However, it 6 to be understand this FINAL
Seller and the Purchaser recognize that in actual economic finance, overcharges resulting from antes
ACCEPTANCE is dependent upon completion of all applicable required inspection procedure.
violations are in fact home by the Purchaser. Theretofore, for good cause and w consideration for executing this
purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or hereafter
Freight Tenn. Shipments must be F.O.B., City of Fort Collin, 100 Woad St, Eon Collins, CO 80522, unless
acquired under federal or sate antitrust laws for such overcharges relining to the particular goods or services
otherwise specified on this Omer. If permission is given to prepay freight and charge separately, the origin) freight
purchased or acquired by the Purchaser pursuant to this pumhaxe order.
bill must accompany invoice. Additional charges fro packing will not be accepted.
Shipment Distarce. Where manufumrtes have distributing paints is various pans of the mumry, shipment is
expected from the rtemat distribution point to destitution, and excess freight will be deducted from Invoice when
shipments are made from greats coinsure.
Permits. Seller shall procure at sellers sole cost all necessary Paris, cenificata and licenses required by all
applicable laws, regulations, ondinnces and roles of the state, municipality, territory or political subdivision where
the work is performed, or required by any other duly constituted public authoeiry having jurisdiction over the work
of vendor. Sella fuller agrees to hold the City of Eon Collin harmless from and against all liability and loss
incurred by them by reason of an asserted or established violation of my such laws, regulations, omwancrs, roles
and requirements.
Authorization. All parties to this contract agree that the feprm atatives are, in has, born fade and possess full and
complete authority to bind said panic.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance in the tent and condition stated
herein set fmtb and any supplementary or additional hart and conditions morsel hereto or incorporated hacia by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby jeered.
3. DELIVERY,
PLEASE ADVISE PURCHASING AGENT immediately tf you cannot make complete shipment to active on your
promised delivery date as noted. Time is of the essence. Delivery and performance most he effected within the time
word oa the purchase wha and on, documenis mtarhed herein. No act of the Purchasers inawfiag, without
limirati.n, acceptance of partial line deliamies, shall operate n a waiver ofddis prevision. In me sent ofany delay,
the Purchaser shall have, in addition m other legal and equitable reaaediea the option of pleasing This under elsewhere
.it holding the Sella liable far damages. H...a, the Sena shall rat he battle far i1now a n a.1, of delays
due to causes not reasonably foreseeable which are beyond its reasonable central wed without its fault ofnegligence,
such act of Gad, acts of civil or military malumtics, govemmrntal priorities, fires, sndmis flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to nhe Tumbler, within five (5) days of the
time when the Seller for received knowledge therm( In the event of any such delay, the date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Sella warrens that all good, articles, materials and work covered by this order will conform with applicable
drawiags, specification, samples and/or other description given, will be fit for the proposes infin." wnd
performed with the highest degree of cart and comparnce in accordance with accepted standards for work of is
similar nature. The Seiler agrees to hold the pine ae harmless from any loss, damage Or expense which the
Purchaser may suffer or incur on account of the Sellers breach of waemnry. The Sella shall replace, repair or make
goad, without cost to the purchawa any defect or faults arising within one (1) year or within such longer period of
time n may be preseribm by law or by the terms of any applicable wrmay provided by the Seller after the dale of
ecell of the goods famished hereunder (acceptance not in be unreasonably delayed), resulting from unlimber
or defective work done or materials famished by case Seller. Acceptance or use of goods by the Purchaser shall not
roommate a waiver of any claim coda this warmly. Except us otherwise provided in this purchase order, me Sellers
liability hereunder shall extend 10 all damages pmximately corned by the breach of any of the foregoing wwm or.
or guarcotna but such liability shall in can event bomlude we ofprofit or loss of we. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pmrchaser may make changes to legal terms by written change coda.
5. CHANGES IN COMMERCIAL TERMS.
The Purchner may make any changes to the most order than legal terms, including additions to or deletions frown
the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such
change affects the amount due or the dare ofparf ante hereunder, an equitable adjustment shall be oxide.
6. TERMINATIONS.
The Purchaser may at any time by wrinen change order, temirtate this agreement as an any or all pordom of the
goads men can shipped, subject to any equitable adjtsgment between the parties ... any week or materials then in
progress provided that the Purchaser shall vat be liable for any claims for anticipated Prof. on tbe uncompleted
portion ofthe good and/or work, for incidental or consequential damages, and that no such adjustment be made in
favor of the Seller with respect to any goads which art the Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most b, asserted within thirty, (30) days fisnn the date the change or termination is
.ndered
8. COMPLIANCE WITH LAW.
The Sella warrant that all goods sold hereunder shall have been produced, sold, delivered and furnishad in short
compliance with all applicable laws and regulation to which the good are subject The Sella shall execute and
deliver such documents as may be required to efica or evidence compliance. All laws and regulation railroad to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all mats and damages surfaced by the Purchaser in a result of the
Sellers failun to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign. mnfa, or convey, this order, or any ..a it. or to become due hereuvdee without the
poor wrinen .1 of the other parry.
10. TITLE.
The Sella warrants full, clew and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement free and clear of any and all lien, restrictiore, reservation, security interest
encumbrances and claime.(others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS,
Ifthe Purchaser directs the Seller to cones accountant or defective good by a date to be agreed upon by the
Purchaser and me Sella, end the Seller thereafter indicates its inability or umvillingrress to comply, the Purchaser
may, cause the work to be performed by the most expeditious mean ses silable t. it and the Sella shall pay all
cans associated with such work.
The Seller shall release the Purchaser and its contractors of any tia farm at I liability and claims of any namre
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party relenad and shall extend to the
direct., officers and employees of such party.
The Sellers economical obligations, including warranty, shall art be damned to be reduced, In my way. because
such work is performed or caused to be performed by the Purchase. _
14. PATENTS.
Whenever the Seller, is required to use any design, device, material or paces covered by letter, paten, mdemark
or copyright, the Seller shall indemnify and save harmless the Purchaser from any and ell claims for infringement
by reason of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such
infringement at any time during me prosecution or afler the completion of the work. In case said equipment, or
cony pan thereof or the intended use of the goods, u in such suit beld to conerimte infringement and me use of
said equipment or pan is enjoined, the Seller shall, at its own expense all at its option, either prccure for the
Pwchader do, right to continue using said equipment or pars, replan the same win substantially equal but
mninfringing equipment or modify it so it becomes mninfringing.
15. INSOLVENCY.
If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of credimrs, appoint a
receiver or mature for any of the Sellers property or business, this order may forthwith be canceled by the
as Purcha wiehom hidtiliry.
16. GOVERNING LAW.
The definition oftems used or Rom intaprawims nfthe agreement end the right ofull ponies heremWa shall be
rontmN coda and governed by me laws of the Suite of Colorado, USA.
The following Additional Condition apply Only in cases whore Rre Sella is m perform work hereunder,
including me services of Sellers Represenlaivc(s), an Rce premises of odcrs.
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 use of any accident, destruction or injury to the work and/or materials bet Sellers final completion all
acceptance, complete the work in Sellers own expense and b the satisfaction of the Purchases. When mrerials
and equipment an f abed by others fee installation or maim by the Seller, die Sella shall recrne unloaal
rare all bens a same at the site and become mainsble drerefor as though such exmenaH andor equipment
were being famished by the Sella undm me Omer.
18. INSURANCE.
The Sella shall, at his own expense, provide fro the payment of workers compensation, including Occupational
disease benefis, an its employs, employed on or in connection with the work covered by this purchase area,
unNor to their dependents in accordance with the laws of the stare in which the work is to be don, The Seller
shall also carry comprehensive general liability including, but not limited to, contractual and automobile public
liability insurance with toddy injury and death limits of w least $300,000 for any me person, S500,000 for coy
one accident and property damage limit per accident of S400,000. The Sells shall likewise require his
if any, to provide for such compensation and imrreoce. Before my of the Seller or his contractors
employees shall ability work No the premises of orders, the Sella shall Famish the Purchaser with a c rtificate
Net such eomperuatic n and imurence have barn provided Such nInficates shall specify the dice when such
ompenamer and insurance have been provided Such certificates shall specify the date when such compensation
.it insurance expires. The Sella agrees Nth such compensation and insurance ahall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby ens es the entire responsibility and liability for any and all damage, loss or injury of any kind
or mmre whasomer to person or property, cased by or resulting form the execution ofthe work provided for in
this purchase under or in connection haes6ib. The Scller will iadermify and hold hartnlas the purchlow wad any
Or all of the Purchasers oRcers, ages add employes from and against any and all claims, losses, damages,
charges or espentars. whether direct or Indiana, and whether to person Or property ro which the Purchaser may
be put or subject by ress.n of any m, action, mglect omission Or default on the part of the Sella, any of his
contractors, or any of the Sellers or mnlrarors Officers, agents or employers In rase any suit or other
proceedings shall be brought against the Purchase, m it officers, agents or employees at any time on account or
by reason of any etc, action, neglect omission or default of the Sella of any of his contractors many 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 exporter, to pay any and all cost, charges, attorneys fees and other extremes,
any and all judgments that may be incurred by or obuined against the Purchaser or any of it or their officers,
agents or employees in such suit or other proceedings, and in case judgment or other lieu be placed upon or
olownl agaiust me property fthe Purchases, or said parries is or as a result of such suit or other proceedings,
the Seller will at once cause the some 0 be dissolved end discharged by giving band or otherwise. The Seller and
his contractors shall take all safety precaution, Finnish and Install all guards mcnsary fro me prevention of
arcidems, comply with ell laws and regulation with regard to safety including. but without limitaion, The
Occupational Safety and Health Act of 1970 and all riles all regulation issued purocom thereat.
Revised 07nyU4