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HomeMy WebLinkAbout112189 BEST RENTAL INC - PURCHASE ORDER - 3215280PO PURCHASE ORDER 321528er Page City of PURCHASE 15280 1012 �+ Collins( n all invoices, pacst king ` V 1 1 on all invoices, packing �slips and labels. Date: 01/13/2015 Vendor: 112189 Ship To: WATER UTILITIES BEST RENTAL INC CITY OF FORT COLLINS 1540 RIVERSIDE AVE 700 WOOD ST FORT COLLINS CO 80524 FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: DOUG CLAPP 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 1 2015 Blanket PO 1 LOT LS 6,000.00 equipment rental 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 iXK�I�I�IrI 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11, NONWANER. 98-0 502. Federal Excise Tax Exemption Certificate of Registry g4-60o0587 is registered with the Collector of Failure of the Puchaser to insist upon sand performance of the temte and conditions hermE failure or delay to Internal Revenue, Denver. Colorado (Ref Col..& Revised Sutures 1973, Chapter 39-26, 114 UB exercise any rights or remedies provided herein Or by law, failure to promptly ratify the Seller in the event of a breach, the acceptance of or Payment for goods hereunder or approval ofe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whin shipped or due w defects of any of the warranties or obligations of this purchase ofda and shill not be deemed a waiver of any right of the damage in tansies, may be returned to you for credit and are not to be replaced except upon receipt of winner purchaser w Lours upon suict Perfianmance hercefor any of irs rights or remedies as to any such goods, regardless instructions from the Ciry of Fon Collins. of when shipped, received Or accepted, as to my prior or subsequent default hereundw, nor shill my purported and modification or rescission of this purchase other by the Purchaser openrc as a waiver of my of the temu Inspection. GOODS art subject to the City of Fort Collios impecdon oa arrival. hence( Final Acceptance. Receipt of the merchandise, sconces or rquipment is response to this order can r exult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amlronmd payment on the pan of the City of Ion Collins. However, it is to be understood thatFINAL Seller and the Purchaser moognim thin in actual economic practice, overcharges resulting from mtitrusr ACCEPTANCE is dependent upon completionofall applicable rryuiredinsproon procedures. violations are in fact home by the Embosser. Theretoforefor good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must be E.O.B., City of Fort Collins, 900 Wood Sr., Fort Collins, CO 80522. unless acquired under federal or sum antitrust laws for such overcharges reli ing in the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be arce,rux] 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the coumry, shipment is 1fthe Purchaser direcathe Seller to correct nonconformingar defenivegoods by a dweto be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and five Seller thereafter indicates Its inability or unwillinpess to comply, the Purchaser shipments are made from greater distance may cause the work to be perfrned by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary peanuts, certificates and licenses required by all own Iicon Ia laws, regulations, ordinances and rules of the state, mwicipal ity, territory or Political subdivision where the work Is performed, or required by my other duly conmituted public mummy having jurisdiction over the work of vendor. Seller father agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such lawsdinanes , regulations, orc, rules arequirrrown. Authoriestion. All parties to this contract agree thaa the representatives are, th fact, bona fide and possess full and complete authanty to bind sold parries. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions sated herein set fanh and my supplementary or additional comas and conditions mnexM herem or incorporated herein by reference. Any additional or different erms and conditions proposed by seller are abjured m and hereby rejected 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedaely if you cannot make complete shipment as wave an your promised delivery date as noted. Time is of the ounce. Delivery and perfomance most be effected within the time stated on the purchase order and the documents watched hereto No acts of the Purchasers including, without limitation, acceptanceof Panial Irate deliveries, shall operwe as a waiver of this provision. lothe event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the Option Of planing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nor be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such no of God. acts of civil or military audacities, governmental prionties, fires, strikes, food, epidemics, wars or nots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received Wowledge, thereof, In the event of my 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 Seller warrants that all goods, articles, materials and work covered by dris order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree arrive and competence in accordance with accepted wmdard for work of o imilar namre. Th. Seller agrees to hold the purchaser harmless from my lox, damage or expense which the Purchaser may suffer ar incur on account of the Sellersbreach of wanmry. The Seller shall replace, repair or make good, without cost in the purchaser, my defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of nocturne of the goods furbished hereunder (acceptance not to be mreamnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of my claim under this w ormry. Except as ofenwise provided in this purchase Order, the Sellers torchn, hereunder shall extend wall damages poisonously caused by the breach of my of the foregoing warrnties or guarantrrs, 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 written charge order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my chargs to the terms, Other than legal arms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or wdnm change order. If my such charge affects the amount due or the time ofpeRomnmtt hereunder, an equitable adjustment shall her made. 6. TERMINATIONS. The Purchaser may at my time by wine. change order, terminate this ag—moot as to my or all portions of the good then not shipped, subject to my equitable adjustment between the parties ax in my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on the uncompleted for of the good md/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which we the Sellers standard stock. No such termination shall relieve the Purchaser or the Sel let of my of their obligations as to my goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT, Any claim for adjustment must be assured within thirty (30) days from the time the change or termination is ordered 6. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced sold, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Seller shall execute and deliver such documents as may be required to effector evidence compliance. All laws and regulations required 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 fmm ill costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey, this Order, or my monies due or to become slow hereunder without the prior wrinen mount of the other Awry. 10. TITLE. The Seller wanmrs full, clear and unrtained tide in the Purchaser for all equipment, materials, and items furnished in performance of this agreement, free and clear of my and all liens, reactions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of my tier from all liability and claims of my nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the drectors, officers and employees of such parry. The Sellers contractual obligations, including warranty, shall not be deemed to b< reduced, in my way, because such work is performed or caused to be performed by the Furhaer. 14. PATENTS. Whenever the Seller is required ro use any deign, device, material or pmcess covered by lever, pwat, trademark or m,ynght the Seller shall indemnify and save harmless the Purchaser from my and ill claims for infringement by reason of the use of such patented design, device, material Or process in cunnecdon with the contract, and shall indemnify the Purchaser for my cos. expanse or damage which it may be obliged ro pay by reason of such infringement w my dove during the persecution or after the wmplman of the work. In ease said muipment, or my pan thereof or the intended use of the goad, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Seller shall, in is own expanse and at or Option, either protvre for the Purchaser the right to continue using said equipment or parrs, replace the same with substantially equal but naninfringing equipment or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shill became insolvent Or bankrupt, make an assignment for the benefit of credlwrs, appoint a receiver Or trustee for my of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be consumed under and gowmed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises of others. IT. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Se11ds own risk until the same is fully completed and accepted and shall, in e of my accident, destruction or injury to the work indict mamdals before Sellers final completion and acceptance, complete the work in Seller's own expense and to the satisfaction of the Purchaser. When marenals and equipment are famished by others for installation or erection by the Seller, due Seller shill receive, =load were and handle same ar 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 w his own expanse, provide for the payment Of workers comprroemon, including ocrmarrood disease benefits, to its employees employed on or in connection with the work covered by this purchase order, mdbr in their dependents in accordaner, with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive gmeul liability including, but not limited to, contractual and aummobde public liability insurance with bodily injury and death limits of at least 1300,000 Art any one person. I500,om0 for my one accident and property damage limit per accident of HOQOOo. The Seller shall likewise require his contractors, if my, to provide for such compensation and inswmce. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the daft when such compensation and insurance have hem provided. Such exonficarm shall specify the time when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained =ail after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibi liry and liability for my and all damage, loss or injury of my kind r nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and my or all of the Purchasers officers, agents and employees from and against my and all claims, losses, damage, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors, or my of the Sellers or contractors officers, agents or employees. In case my suit or Other proceeding shall be brought against the Purchaser, or its officers, agents or employees at my time on accost or by reason of my an, action, neglect, omission or default of the Sel let of any of his contractors or my Of its or their officers, arms, or employees as aforesaid the Seller hereby agrees to avraw the defense thereof and to defend the same a the Sellers own expanse, w pay my and all costs, charges, anomryz fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in care judgment or other lim he placed upon or abtainsi against the Property, of the Purchaser, or said panic in or a a result of such stairs or other proceeding, the Seller will in once cause the same in be dssolved and discharged by giving bond or otherwise. The Seller and his conumwrs shall rake all safety precautions, furnish and iomall ill guard necessary for the prevention Of azcidents, comply with all laws and regulations with regard to safety includng, but without limitation, the Occupational Safety and Health Actor 1970 and all rest and regulationsissued pursuant themes. Revised 072014