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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 3215086Fort Collins Date: 01/09/2015 Vendor: 113984 WAGNER EQUIPMENT CO 18000 SMITH RD AURORA CO 80011-3511 Delivery Date: 01/08/2015 Note: PURCHASE ORDER I PO Number Page 3215086 101`2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Line Description Quantity UOM Unit Price Extended Ordered I Price 1 2015 MISC SUPPLIES 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, Fart 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 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By suture the City of Fan Collins is exempt( seaward local taro.[bets Extan"ioa Number is ILNONWAIVER. 98A 502. Federal Excise Tax Exemption Cmifuc ere of Registry 84-(4)0058] is registered with Oe Collator of Failure of Urc Purchaser to ireat upon strict performance ofthe terms and mnditiom hetmf, failure or delay as Internal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a). exercise my rights or remedies provided laein m by has. fait m promptly notify the Seller in tbe event of a breach, the arapmana of or p rymmt for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REIECTED due to failure to meet specifications, either whm shipped or due m defects of my of be warranties or obligations of this purchase ordar and shall ant be dcemd a waiver of my right of the damage in oansu, may be remmnd to you for credit and are car as be replaced except upon meant of wrietan purchaser to insist upon inner perbarance, brimf or my of its rights or remedies as m any such goods, regardless instructions from me City aFF. Collins. of when shipped, received air areapmd, as m my poor or intonational default hereunder, nor shall any Imported ore[ modification or rescission of this purchase order by the Trichinae operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. toulumved payment an be pan of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser «cognize but in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependant upon complarion of all applicable rryufed airspace. procedures. violations are in fact bome by the Pumhasa. Theretofore for good a= and as consideration for executing this purchase at the Seller hmby msigm to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Too Call., 7W Wand Si-, I. Collins, CO 80522. unless ra uired ender faleml or sure it., laws for such overcharges relating as the particular good or service ametwom specified on this order. If pemrnt is given m prelim, freight and charge sepemrely, the original freight purchased or acquired by the Purchase pursmmaut as this purchae older. bill most accompany invoim. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have d¢cibuting points orxanas pans of the country, shipment is Ifilre Purchaser directs be Seller in corral tommMrming or defective goods by a date to,agreed upon by the expected form the nears[ distribution point to destination, and excess freight will be deducted human Invoice when pumhasv and be Seller, and be Seller thereafter orchestra its inability or unwillingness to comply, be Purchaser shipments are made from greeter dismrce. may muse be work to he performed by the most expeditious means available a it, and be Seller shall pay all costs assaiaad with such work. Pmnits. Sella shall proemm at sellers sole cost all ne eatery pmnits, cenificatcs and licenses ¢quit) by all applicable laws, regulations, ordinances and mles ofthe state, municipality, territory or political subbrism. where the work is performed, or required by my other duly constituted public aumhonly having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fall Collins harmless from and .,.last all liability and loss trained by them by n. of as sex med or established violation of any such laws, regulntims, ordinances, roles and requirements. Aufodmtion. All parties to this contract agree that the representatives are, in but, bona fide and possess full and complete senor to bind said parties. LIMITATION OF TERMS. This Punhase Older expressly limits acceptance as the [emu and conditions staid herein set forth and my supplementary or additional terms and conditions amexd hereto or incarpermd herein by meferena. Any additional or dill t It. and cadaios proposed by seller are object) to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m arrive an your promised delivery date as noted. Time is ofthe met=. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No arts of the Purchsm including, without limitation acceptance oformal late deliverees, shall opemle ins a waiver ofthis provision. In the event ofany delay, the Purchaser shall havq in addition mother 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 far damage us a rsuh of delays due to causes not reasonably foreseeable which are beyond its reomable control and without its fault of negligence, such arts of Gad, acts of civil or military authorities, governments] priorities, fires, strikes, Flood, epidemics, wars or hots provided that notice of me conditions causing such delay is given to the Purchaser within five (5) days of the time when me Seller first received knowledge thereof. In be event of my such delay, the date of delivery shall be extended for the period tyml to me time actually last by reason of ache delay. 3. WARRANTY. The Seller warrants Char all goods, micla, materials and work covered by mis older will conform with applicable drawings, specifications, samples anNor Omer descriptions given, will be Fit for tha popoms intended, ad perform) with me hippest degree of are and comp.. in evandaaa wire accepted stadards fan work of a imilar aa.m. The Seller agrees Ono hold be purchaser harmless fore my Its, damage or e.,. which the Purchaser Only suffer tar orcur as account of the Sellers breach of.ey. The Sellershall replace, repair or make good, without cost to me purchaser, my defeh or faults arising within one (I) year or within such longer pen) of time as may be pracnbd by law or by the terra of my applicable warranty Provided by the Seller after thc dame of acceptance of the good famished hereunder (acceptance not be unreasoably delayed), resulting form imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as oferwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the fmegoing warenties 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 looms by winner change order S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes to the latex. other than legal terms, including addition to or delnions from the gammon ies originally odand in me spaifiatias or drawings, by verbal or written change alder. If any such change aliens the aboard due or be time ofperfommaae hereunder, au equitable djstmmr shall be made. 6. TERMINATIONS. The Purchaser may at my time by women change older, terminate this agreement as to any or all portions of be Scads men not shipped, subject to any equitable adjustment between the pansies as to any work or materials fen in progress provided that be Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect m my goods which are me Sellers standard stock. No such harmonic. shall relive the Purchaser or the Sella allay of their obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be aasened within miry (30) days form me date be change or memtia an is ordertd 8. COMPLIANCE WITH LAW. The Sella warrants That all good sold hertuder shall have been produced, sold, delivered ed fumishd in strict compliance with all applicable laws and regulations to which the goods are subjarL The Seller shall execute and deliver such documents as may be required to eRect at es'idmre compliance. All laws and regulations required to be incompommd in agreements of mis character ate hereby incofomted herein by mis number. The Seller agrees as indemnify and hold be Purchaser harmless from all cash and damages surfaced by be Purchaser as a result of be Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, o-emfer, or convey this order, or my monies due or to became due hereunder withotu the prior written consent ofthe other party. 10. TITLE. The Seller wartants full, clear and monalncted title to dim purchuef for all equipment, materials, and items famished in performance of this agreement fee anal clam of my and all lines, remberios, reservations. aauriry interest coctmbnmces and claims oforbers. The Seller shall release the Purchaser and its contractors of my tier farm all liability and claims of any nature resulting from the Performance of such work. This manse shall apply even in fe event of fault of negligence of the parry released and shall extend to the directors, officers and employees ofmch prey. The Sellers contractual obligations, including wamnsry, shall not be deemed to be reduced, in my way, bceaom such work is performed or caused to v performed by the Purchaser. IC. PATENTS. Whenevar the Seller is required to use any design, device, material or process covered by lever, format, trademark or copyright, the Seller shall indemnify vd save harmless the prickliest from my ad all claims far join.,.., by rtawn of roe use of such Formed design, device, material at process in aboadon with the common. and shall ordeumify the Purchaser fin my aria, expeme or damage which it may be obliged to Pay by reason of such inringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of be goods, is in such suit held to constitute infdngemenu and the me of said equipment m pan is enjoined, the Seller shall, am its own .spare. and at its option, either pension, for the Purchasrr the right to continue using said ryulpmml m pans, replace the some wild mbomrially equal bur naninGmnging equipment, or modify it so it becomes moodfidn ping. 15. INSOLVENCY. If me Sella shall become minimal or bamtrupm, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of be Sellers property or business, mis order may foMwith he canceled by me Pumhaser without liability. 16. GOVERNING LAW. The defnnita s of tens used or me interpretation ofine agrennent not the rights of all panics hereunder shall be mmtmd under and govern)by "a Los ofine Same ofC.I mads, USA. The following Additional Carolina. apply Only is cues when the Seller is as perfoant work Maunder, wcluding the services ofsellers Represrnutive(s), On fe premises arocre.. 17. SELLERS RESPONSIBILITY. The Seiler shall tarty on said work at Seller's awn ark until me same is fully completed ud accepted, and shall, in e of any accident, deseudion or injury to the work andor materials before Sellers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchases. When materials and equipment are furnished by others for installation or erection by the Seiler, the Seller shall receive, unload, store and handle same at be site and become responsible therefor in though such numerials and/or aquipment ware being fmished by be Seller under be order. I a. INSURANCE. The Seller shall, at his own expense, provide for me payment of workers compensation including occupational disease bmefts, to its employees employed on or is comedian with be work covered by this purchase order, andror to their dependmh in accordance wire the laws of the scale in which me work is to be done. The Seller shall also any comprehensive general liability including, but not limited to, coummecmual and amomobile public liability i rounce wirb bodily injury and death limits of to lemur S300,000 for any we Person, S5W M for any low accident and property damage limit per accident of 5400,000. The Seller shall likewise require his emmmarars, if my, to provide for such wmpeaation and insurance. Bet my of flue Sellers or his contractors employees shall do any work upon the premises of others, be Seller shall famish me Purchaser with a certificate that such compensation and inumnce have been provided. Such cenifcares shall specify me date when such compensation and insurance have been provided. Such certificates shall specify be date when such compensation and insurance expires. The Sella agrees that such compensation and insurance shall be maintained until after the retire work is compared end aoaepl). 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby as es be entire responsibility and liability for my and all damage, loss or injury army kind or resume whalsaever to perms or pmperry, caused by or resulting from the execution ofine work provided for in this purchase older or in connection berewrmh. The Seller will indemnify ad hold harmless the Purchaser and my or all of be purchasea officers, agents and employees from and against any and all claims, losses, damages, charges in expenses, whether direct or indirect, and whatur m parsora or property m which the Purehaxr may be put or subject by ration of my art, melon, neglect, omission or default on t pan of be Seller, any of his coatmctort, or my of be Sellers or conaucters officm, agents or amploy«s. Ire case my suit or other proceedings shall be brought against be Purchaser, or its aM., agents or amployas at any, time an -on-1 or by ratan of my act, action, nigher, omission or default of the Sella of my of his contractors or my of its or bar officers, agents or employees ex aforesaid, be Sella hereby agrees m assume the deft thereof and m defend me same in be Sellm own expense, to pay my and all costs. charges, amamrys fees aid other expenses, any and all judgments Char may be iacumal by or abuined against Ore Pmchaar ar my of its or limit oMr., agent or employees in such suits or other proceedings, and in use judgment or other Ilea be placed upon or obtained against the property of the Purchaser, or said parties in or in a result of such mus m other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or oferwiu. The Seller and his contractors shall take all safety preca mor i, famish and install all guard necessary for be prevention of accidents, comply wit all laws and regulations with rtgad to safety including, but without limitation, me Occupational Safely and Hwlth Act of 1970 and all aches and rt,].at s issued pursumt merero. Revised OM014