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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 3215297of Fort Collins Date: 0111312015 Vendor: 113984 WAGNER EQUIPMENT CO 18000 SMITH RD AURORA CO 80011-3511 PURCHASE ORDER PO Number Page 3215297 1o12 This number must appear on all invoices, packing slips; 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 1 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.com 1 LOT LS 15,000.00 Total $15,000.00 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. C0b RC1ALDUAILS. Tax exemptions. By sotme the City of Fort Collins is exempt from some and local taxes. Our Exemption Number is 98-04502, Federal Excise Tax Exemption Ceri ficare of Registry 84-6000587 is registered with he Collector of Internal Revenue, Denver, Colorado (Ref, Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure W meet specifications, either when shipped or due to defects of damage in transit, may he returned to you for credit and are cot to be replaced except upon receipt of women instructions from the City of Fon Collins. Inspection. GOODS ere subjem to the City argon Collins inspection on urinal. Final Acceptance. Receipt of he merchandise, services or equipment in response to this order can result in suthonad payment oa he pm 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 must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, he original freight bill most accompany invoice. Additional charges for packing will tut be accepted. Shipment Distance, Where manufacturers have nshbuting points in various path of the cuunuy, shipment is expected from the naarest distribution point to datira6on, and excess height will he deduced from Invoice when Aupmrnas are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by Al applicable laws, regulations, ordinances and roles of the state, municipality, territory or political subdivision where Me work is performed, or required by my other duly exubtuted public authority having jurisdiction over me work of vendor. Seller further 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 laws, regulations, ordinances, ml. and requirements. Au oomancion. All partea to this cmtract ages that the reprearntanives are, in fact, harm fide and possess full and complete anherity to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the orma and conditions stated herein set forth and my supplementary or additional terms and conditions amexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately If you count make complete shipment to amve on your promised delivery date as noted Time is of the essence. Delivery and perforarance must be efected within the time stated on the purchase order and the documents attached hereto. No acre of the Pumhasers including, without limitation, acceptance of pmtial late deliveries, shall operate as a waiver of this provision. M the event of any delay. ants Purchaser shall have, in addition es other legal and equitable remedies, the tape placing Otis order elsewhere and holding Seller liable for damages. However, fits Seller hall rest be liable for ddimge as a souls of delays due tocausesnot reasonably foreseeable which are beyond its reasonable mn fir and without its goals ofnegligence. such ire rt Gad, tacts no of civil a concary auhusing governmental given to ,fires, has strikes. Rood epidemic, wars or riots whe idM Most notice of ei i ondi made causing such delay is given to he Purchaser within Eve (5) days of fie me who the Seller first received Wowledge thereof In me event of any such delay, he date of delivery shall be extended forme period equal or the time actually lot by reason of he delay. 3. WARRANTY. The Seller owners that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samplas and/or other descriptions given, will be fit for the purposes intended, and performed win the highest degree of care and competence in accordance with accepted standards for work of a imilar nature. The Seller agrees to hold fie purchaser hmmless from my loss, damage or expense which fie Purchaser may suRer or incur on account of fie Sellers breach of wenanry. The Seller shall replace, repair or make good without cost to fie purchaur, my defects or faults arising within one (1) your or within such longer paned of time as may be proscribed by law or by the terms of my applicable warmnry provided by the Seller after fie date of acceptance cribs goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials fumizhed by fie Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver army claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to Al damages proximately caused by the breach of my of the foregoing warranties or guarantees, ban such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHAN-FABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make charges to legal arms by stun.. charge order. S. CHANGES IN C0MMERCIAL TERMS. The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawing, by verbal or wrinen change order. If my such change affects fie amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Funds may a any time by wnnm change order, carromems this ageemmt as to my or all ponisof the goods than not shipped, subject to my equitable adjustment between the parties ies to my work or maserialsMan in progress provided than the Purchaer shall non be liable for my claims for anticipated profs, on he mwmpined portion of the goods and/or work for incidental m cotasequenaal dvnsges, and drat no such adjustment he made is favor of he Seller wish respect to my goods which are fie Sellers standard stock, No such commitment shall relieve the Purchaser or she Sal let of my of their obligations as to my goods delivered hereunder, ]. CLAIMS FOR ADIUSTMENr, Any claim for adjustment must be asserted wihin thirty (30) days from the date the change or termination Is ordered. 8. COMPLIANCE WITH LAW. The Seller warnnss that all goods sold hereunder shall have bern produced sold delivered and famished in strict compliance with all applicable laws and regulations to which he goad are subject The Seller shall execute and deliver such docummu as may he required as o ect or evidence compliance. All laws and agulsome, required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold me Purchaser hamdess from all costs and damages suffered by the Enchanter as a result of me Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or corrvry this order, or my mores due or to become due hereunder without me prior wdnen consent of the other parry. 10. TITLE. The Seller warrants full, clear and unresmlcted title M me Purchaser for all equipment, matmals, and items famished in performance of his agreement foe and clear of my and all liens, restrictions, rasmations, security interest encnabrancas and clams ofonm. 11. NONWAIVER. Failure of the Purchaser to ins: in upon inner performance of the terms and conditions hermf, failure or delay to exercisy rights or remedies provided herein or by law, failure to promptly notify he Seller in the event of a breach, me acceptance of or payment for goods hereunder or approval ofine design, shall not release me Seller of any of fie warranties or obligations of this purchase order and shall not be deemed a waiver of my right of he purchaser to insin upon strict performance hereof or any of its fights or remedies as to my such goods, regardless of when shipped oxeived or s xapod, as 10 my prior or subsequent default hereunder, nor shall my ImperM and modificmm or rescission of this purchase order by he Purchaser operate as a waive of my of the terms thereof 12. ASSIGNNIE\T OF ANTITRUST CLAIMS. Seller and he Purchaser recognise that in actual economic practice, overcharges resulting from antitrust violations are in fact home by the Purchaser. Theretofore for ugood cause and as consideration for executing this purchase order, he Seller hereby assigns to the Purchaser my and Al claims it may now have or hereafter acquired order federal or state whimst laws for such overcharges relaying on he particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. I3. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If fie Purchaser erects he Seller to correct nonconforming or defective goods by a date to he agreed upon by the Purchaser and he Seller, and fie Seller hereafter indicares its inability or unwillingness no comply, she Purchaser may cause fie work to be performed by fie most expeditious means available to it, and he Seller shall pay all cnzu asmmated with such work. The Seller shall release me Purchaser and its contractors of my tier from all liability and claims of my name 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 directors, officers and employees afsuch parry. The Seller's conamenual obligaims, including wvrmty, shall not be deemed to be reduced, in my way, Isomme such work is performed or caused to be performed by the Purchaev 14. PATENTS. Whenever the Seller is required to use my design, device, maodal or presets covered by letter, patent Trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all claims for infringement by reason of me use of such patented design device, material or proves in connection with the contract, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to pay by reason of such infringement at my tame during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined me Seller shall, in is, own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pam, replace me same with substantially equal but naninfringng equipment, or molt it on, it becomes maninfringing. 15. INSOLVENCY. If me Seller shall resume insolvent or bankrupt, make an assignment far fie bmen of con icors, appoint a receiver or trvstee for my of he Sellers property or business, this order may faMwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or fie interpretation of the agreement and he rights of all parties hereunder shall be onsoued under and giro mod by he laws ofthe Sate of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform weak hereunder, including me sewers of Sd1. Repres ommea(s), on me premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on sad work at Sellers own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by the Seller, the Seller shall receive, unload, store and hande same At the site and become responsible therefor as though such materials and/or equipment were being burnished by me Seller order fie order. I8. INSURANCE_ The Seller shall, in his own expose, provide for me payment of workers compensation, including occupational disease benefic. to its employees employed on or in connection win she work covered by this purchase order, anchor to their dependency in accordance with she laws of the sore in which the work is to be done. The Seller shall also tarty, comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of w least $300.000 for my one person, $500,000 for my one accident and propem damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of fie Sellers or his contractors employees shall do my work upon fie premises of others, the Seller shall famish the Purchaser with a comfieste that such compro mtion and insurance have bean provided. Such certificates shall specify he die when such compensation and insurance have hem provided. Such cereficmes shall specify she daze wfim such compensation and insurance expires. The Seller ogres rum such compensation and insurance shall be maintained caul met me mare work is completed and accepse l 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for my and all damage, loss or injury of my 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 the Purchaser and my or all of he Purchasers officers, agents and employees from and against any and Al claims, lasses, damages, charges or exprnzes, whether direct or indite, and whether so persons or property to which the Purchaser may be put or subject by reason of my act, action, neglect, omission or default on the part of the Seller, my of his cmnmactors, or my of the Sellers or contractors offars, agents or employee. In cam any sort or oher proceeding shall be brought against fie Purchaser, or its officers, alters, or employees at my time on account or by reason of my am action, neglect, omission or default of the Seller of my of his contmmors or my of its or their officers, agents or employees as aforesaid, he Seller hereby ogees to assume the defense thereof and as defend she more at me Sellers awn expense, to pay my and all costs, charges, momeys fees and other expenses, my and al judgments that may be incurred by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against he property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his connectors shall take all safety precautions, famish and instil all guards necessary for he prevention of accidents, comply with all laws and regulations with regard to safety including. but without limitation, me Decision mil Safety and Healh Act of 1970 and all mles and regulations issued pursuant hereto. Revised 07n014