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HomeMy WebLinkAbout260976 UNITED RENTALS - PURCHASE ORDER - 3215295Fort Collins i Date: 01/13/2015 Vendor: 260976 UNITED RENTALS 791 E 64TH AVE DENVER CO 80229 PURCHASE ORDER PO Number Page 3215295 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST 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 UOM Unit Price Extended Ordered Price r 2015 BLANKET ORDER UTILITIES - equip. 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.wnn 1 LOT LS Total Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from suds and local taxes. Our Exemption Number is 9844503. Federal Excise Tax Exemption Certificate of Registry 84-600(587 is registered wffi the Collector of Internal Revenue, Drover, Colorado (Ref Colorado Revised Sumtes 1973, Chapter 39.26, Ili (a). Goods Rejected. GOODS REJECTED due w failure Per meer specifications, either wien shipped or due to defects of damage in transit, may be resumed to you for credit and are cot to be replaced except upon receipt of wrnen instructions from the City of Fog Collins. Inspection. GOODS are subject to the City effort Collins inspection on arrival. Final Acceptance. Receipt of she merchandise, services or equipment in response se this order can result in authonxed payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be FOB, City of Four Collins, 90o Wood St, Fort Collins, CO 80522, unless otherwise specified ne disorder Ypermission is given to prepay freight and charge separately, the engine freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have Nsandumg points in various parts of me country, shipment is exposed from Ne nearat mergence paint to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall musear at sellers sole cost all nwessary permits, cenificases and licenses required by all applicable laws regulations, orditwcrs and rulers of the state, municipality, territory or politicifil subdivision where the work is Performed, or required by my other duly emerged public authority having Interferer over the work of vendor. Seller higher agrees to hold the City of Fort Collins hnmlev from and against all liability and lass invered by them by reason of an asserted or established violation of my such laws, regulators, ordinances, rules and requiremands Aumorotation. All pages to this contract agree that me representatives are, in fact, bona fide and Possess full and complete authodry to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or additional terms rid conditions annexed herein or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected In and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised deliverydate as noted Time is of Ne swerve. Delivery and performance must be effected within the time steed on me purchase order and me documents reached hereto. No acts of the Purchasers including, without limitation, a cceptanceofpartiel lee delivenea mallopera eroftfispro n. In Neeentofanydelay, the Purchaser shill have, in addition to other legal and equitable remedies, the option of planing th s order elsewhere and holding the Seller liable for damages. However. the Seller shall not he liable for damages as a result of delays due to causes net reasonably foreseeable which are beyond i¢ reasonable control and without its fault ofnegligence, such arts of God, acts of civil or military anthodties, governments] priontim, fires, strikes, food epidemics, wars or Pont Provided that nonce of the c amine. cawing such delay is grown to the Pmchzter within five (5) days of Ne time when me Seller fire received knowledge Hereof In the event of try such delay, the der of delivery shall be extended for the period equal to the time actually Ion by reason of the delay. 3. WARRANTY. The Seller warnings that all good, articles, materials and work covered by this order will conforn wire applicable drawings, specifications, samples and/or other description givm, will he fit for the purposes intended and performed with the highest degree of care and competence in accordance with accepted standard for work of a single nature. The Seller agrees to hold me purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of me Sellers breach of wenanty. The Seller shall replace, repair or make good, without cost to 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 of my applicable warranty provided by Ne Seller after the data of cccpence of the goods furnished hereunder (acceplmw not to be unreasonably delayed), reulung from imperfect or defective work done m movies furnished by the Sells. Acceptance or use of good by the Purchaser shell not constitute a waiver of my clam under this warre.ry. Except as whenever provided in this purchase order, me Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warning es 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 Purls er, may make changes to legal terms by wens. change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes in the terms, other man legal tomes, including additions w or deletions from the quare des originally ordered in the spsiftwtions or drawings, by verb! or women change order. If my such change affixes the amount due or me time of performmce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may in any time by women change order, terminate this agreement as to my or all portions of the goods men not shipped, subject to my equitable adjustment between the page az w my work or materials then in progress provided that me Purchaser shall not be liable for my claims for anticipated profits on the uncompleted portion of the goods anchor work, for incidente or consequential damages, and that no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock. No such nomination shall relieve the Purchaser or the Seller of my of their obligations es to my goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be awned within thirty (30) days (rem the dam Ne change or termination is ordered 8. COMPLIANCE WITH LAW. The Seller w errmts the all good sold hereunder shall have been produced, sold, delivered and furnished in since compliance with at applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of this character are hereby rem,weed! herein by this refsence. The Seller agrees to indemnify and hold the Purchaser homeless fmm all mots and damages suffered by the Purchaser as a result of the Sellers failure to comply with such sow. 9. ASSIGNMENT. Neither parry "I assign, transfer, or convey this order, or my marines due or to lissome due hereunder withom the prior written consent of the other parry. 10, TITLE, The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items furnished in performance of this agreement free and clear of my and all Ilene, restrictions, reservations, security interest encumbrances and claims of ethers. 11. NONWAIVER. Failure of die Purchaser to worst upon enter peA erronce of the terms and conditions hereof, failme or delay a any rights or remedies provided herein or by law, failure to prompdy notify the Seller in the event of a breach, the ucrytm<e ofor payment for good hereunder re approval wtho design, still not release the Seller of my of the wartantia or obligations of this purchase order and andl we be deemed a waiver of my right of the purchaser to insist union sect performance hereof or my of its rights or remedies as w my such goods. regardless of when shipped, received or wrepred, as to my prior or subsequent default hereunder, nor shall my poryoned orrd modification or rescission of this purchase order by the Purchaser operate as a waver of my of the terms hereof, 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges result., morn antitrust violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for execuung Nis purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter acquired under federal or stare efi nun laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuant to This purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. IT the Purchaser directs the Seller w wrest nonconforming or defective good by a date to be agreed upon by me Purchaser and me Seller, and the Seller thereafter indicates its inability or unwillingness; w comply, the Purchaser may mine the work to be performed by the moss expeditious means available w it, and the Seller shall pay all casts wadeed with such work. The Seller shall release the Purdtzser and its contractors of any net from all liability and claims of my nature resulting from she performance ofmch work. This release shall apply even in the event of fault of negligence of the parry released said shall emend to the directors, officers, and employees of such parry. The Seller's contractual obligations, inducting warranty, shall not be deemed to be reduced in my way, because such work is performed or reused to be, performed by the Purchaser. 14. PATENTS. Whenever Ne Seller is required to use my design, device, material or process covered by letter, patent, trademark or copyright, me Seller shall indemnify and save burgess the Purchaser from my and all claims for infringement by reason of the use of such patented design, device, matmal or process in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged w pay by reason of such infringement at my time during the prosecution or after the completion of the work. In case said equipment, or my pan therwf or the intended use of the goods, is in such suit held to constitute infringement and the use of sad equipment or pan is enjoined, the Seller shall, at its own expense and at in option, either procure for the Purchaser the right to continue wing said equipment or part, replace the same with substantially equal but noninMnging equipment, or modify it ne it becomes taninMnging. 15. INSOLVENCY. If the Seller shell became insolvent or bmkrupt make an assignment for the benefit of creditors, appoint a rectsw or costae for my of the Sellers pmperry or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions earths used or the nitrification tethe agrremenl and Ne rights of ill parties hereunder shall be construed order and governed 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. 19. SELLERS RESPONSIBILITY. The Seller shall carry on sad work ar Sellers own risk until the same is fully completed and accepted, and shall, in e of my accident, destruction or injury to the work amUw maenals before Seller's final completion and acceptance, complete me work at Sellers own expense and to the satisfaction ofthe Purchaser. When wares and equipment are furnished by others for installment or erection by the Seller, me Seller shall receive, unload store and handle same at me site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under me order. 18. INSURANCE. The Seller shall, as his own expense, provide for the payment of workers compensation, including occupancies] disease henefies, w i¢ employees employed on or in wam.. with the work covered by this purchase order, and/or to their depmdao¢ in accordance with the laws of the sate in which the work is m be done. The Seller shall she carry, comprehensive ganeral liability mclucle, be not limited to, commence and automobile public liability insurance with bodily injury and death limits of at least k300,000 for my Per person E500,000 for my one accident and property damage limit Per accident of M00,000. The Seller shall likewise reluire his contractors, if any, a provide for such rogirwersation and insurance, Before any of the Sellers or his contractors employees shall der my work upon me premises of others, the Seller shall furnish the Perhaser wire is certificate that such compensation and insurance base been provided. Such omi(icate, shall specify the daze when such compensation and insurance have been provided. Such coreficares shall specify me date when such wmpwsation and insurance expire. The Seller agrees she such compensation and insurance shel be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the retire responsibility and liability for my and 01 damage, loss or injury of any kind or 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 she Purchaser and my or all of me Purchasers officers, agents and employees fmm and allawt my and all claims, losses, damages, charges or expense, whether direst or indirect, and whether to harems or property w which the Purchaser may be pm or subject by reason of my act, acme, neglwt, emission or defeat on the pan of the Seller, any of his conmacors, or my of the Sellers or conuactors officers, agents or employees. In ease my set or other proceedings shall be brought Maine me Purchaser, or its officers, aging, or employees at my time an account or by reason of my at, swion, neglect, omission or default of the Seller of my of his contractors or my of its or their oRcers, agents or emplovees as aforesaid the Seller hereby agora w assume the defense merwf and in defend the same at the Sellers own expense, w pay my and all costa, charges, attorneys fees and other a ,erses, my and all judgment, that may be inemred by or obtained against the Purchaser or my of its or weir officers, agents or employees tin such stairs or edger proceedings. and in case judgment or other lien be placed upon or obtained against the property, of Ne Purchaseq or said gamer in or as a result ref such sun¢ or other proceedings, me Seller will in once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guard necessary for the prevention of accidents, comply wire all laws and regulations wrath regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 072014