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HomeMy WebLinkAbout126289 WAGNER RENTS INC - PURCHASE ORDER - 3215298Fort Collins Date: 01/13/2015 Vendor: 126289 WAGNER RENTS INC 1317 E MULBERRY ST FORT COLLINS CO 80524-3515 PURCHASE ORDER PO Number Page 3215298 1o12 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 3 2014 Blanket Order Utilities 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:purchasingl@fcgov.com 1 LOT LS 100, 000.00 Total $100,000.00 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By swum the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 98-01503. Federal Excise Tax Exemption Cemfirem of Registry 84-6000587 is registered with the Criterion, of Internal Revenue. Dmvm Colorado (Ref Colorado Revised Statutes 1413. Chapter 39-26. Ili Oft Cords Rejected. GOODS REJECTED due to failure to meet npedfcariom, either when shipped or due to deform of damage in transit, may he returned he you for credit and are Out in be replaced except upon receipt of wauen instructions from the City of Fort Collins. Inspection. GOODS am subject to the City officer Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order c meet in autbonzcd payment oa the Pan of the City of Fort Callao, However, it is to be understoodthat'FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be F.0 B., City of Fort Collins, 9N Wood Se, Fort Collins, CO 80522. =less otherwise specified on this order. If permission is given to prepay freight and charge sepmetely. the original freight bill must accompany invoice. Additional charges for parking will Out be accepted. Shipment Distance. Wnere manufacturers have distributing points in various pans of the country, shipment is ,.peeled from the nearer, distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permlt, certificates and licenses required by all applicable laws, regulations, ordinances and roles of Ne stare, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the 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, rules aulm,a menu. Autharimtion. All pardes to this contract agree that the represrntazi.res are, in fact, bona Ede and posses full and omplete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions oared herein set fonh and my supplementary or addtional terms and conditions examined herein or incorymared 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 carman An complete shipment . amve our your promised delivery date as noted. Time is of the ounce. Delivery and perfo ummex most M effected within the time stated an the purrhue order and the documents marked hereto. No acts of the Purchasers including, without limitation, acceptor« of partial late deliveries, shall operate as a waver of this provision. In the event of coy delay, the Purchaser shall have, in addition w other legal and equitable remedies, the option of placing This order elsewhere and holding due Seller liable for damages. Howove, the Seller shall not be liable for damage as a result of delays due is causes not reasonably foreseeable which are beyond its reasonable mntml and without its fault of negligmce, such and; of God, acts of civil or military authorities, govemmwtal primacies, fires, st lms, flood. ryidemics, wars or oars provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the done when me Seller Emu received knowledge therm( In the event of my such delay, the time of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrens that all grads, articles, materials wd work covered by this order will conform with applicable drawings, specifications, samples md/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with incepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may sufferer incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warwry provided by the Seller after the date of acceptance of the goad furnished hereunder (acceptance not to be ameamnably delayed), resulting from imperfect or defective work done or materials fumished by the Seller. Acceptance or me of good by the Purchaser shall not oments a waiver of my claim under this mercury. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by due breach of my of due foregoing warme,Iex or guarantces, be such liability shill in no event include loss of profits or loss of use. NO TMPL1ED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. i. CHANGES IN LEGALTERMS. The Parchuer may make thong. m legal ¢tors by wrinen charge order. 5. CHANGES IN COMMERCIAL TERNS. The Purchaser may make my changes to the terms, other than legal rooms, including additions to or deletions from the quwtities originally ordered in the Vocifestions or drawings, by verbal or written change order. If my such change affects the amount due or the time of perfomimce hereandea an equitable adjustment shall M made. 6. TERMINATIONS. The Purcharier may at my time by written change order, to nape this agreement as to any or all portions of the good then not shipped, subject to my equitable adjustment between the parties m to my work or materials than in progress provided that the Purchaser shall not be liable for my 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 respecuo my goods which are the Sellers standard stock. No such termination shall relieve due Purchaser or the Seller of any of their obligations. to my goods delivered hereunder. V. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and furnished in stint 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 effect or evidence compliance. All laws and regulations required to be, incorporated in agreements of Are chewier are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hatmless from all 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 Nis order, w any monies due or to become due hereunder without the prior wnnen consent of due other Parry. 10, TITLE, The Seller wanmts full, clear and m ce icted ride to me Purchaser for all equipment materials, and items famished in performance of this agreement, free and dear of my and all lie., restrictions, reservations, security interest encumbrances and claims of others. I I. NONWAIVER Failure of the Purchaser to insist upon strict performance of the rerms and conditions hereof, failure or delay to exercise any nghts or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the acceprance of or payment for goods hereunder or approval of the design, shall not release the Seller of my of the warranties or obligations of this purchase order mad shall not be deemed a waiver of any right of the purchaser to insist upon wret perfmmance himbefor my of its rights m remedies as to any such good, beardless, of when shipped received or accepted, as to my prior or subsequent default Immundm nor shall my purported oral modification or remission of this purchase order by the Purchaser operate as a waiver of my of the tams hero' 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser mccopew that in actual economic practice, overcharges resulting from antitrust violations are in fan home by the Purchaser. Theretofore.nfor good cause and as consideration for executing this purchase order, me Seller hereby .signs to the Purchaser my and all claims it may now have or hereafter acquired under federal or slate antitrum laws for such overcharges relating to the particular good or services purchased or acquired by the Purchaser pursuanuo this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be ageed upon by the Purchaser and the Seller, and the Seller thereafter indicate its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious mews available to it, and the Seller shall pay ell costs associated with such work. The Seller shall release the Purchaser and its contractors of my tier from all liability and dai ors of my nature eulang from the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend to the directors, Officers and employees of such party. The Seller's contractual Obligations, including warranty, shall not be werrued to be reduced, in my way, because such work is performed or caused to M performed by due Purchaser. Iq. PATENTS. Whenever the Seller is required to use my design, device, mateml or process covered by Item, pmmt, rademark r copyrigPub, the Seller shall indemnify and save hamdes the Purchaser from my and all claims for infringement by reams of the use of such Figured design, device, material or process in cmmection with due contract, and shall indemniy due Purchaser for my cost, expense or damage which it may M obliged to pay by reason of such inGmgemmt at my time during the prosecution or after the completion of due work. In care said equipment or any pan therm£ or the intended use of the good, is In such suit held to transition, infringement and the use of said equipment or pan is enjoined, the Seller shall, in its own expense and at its option, ether procure for the Purchaser due right to continue using said equipment or parts, replace due same with substwtially equal but noninfnnging equipment or modify it so it becomes raoninGinging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver omtce Mwl r sfor any of the Sellers property or business, this order may foth be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of ,emus used or the interpretation of the agreement and the rights of all parries hereunder shall be construed under and gmamad by the laws of the Sate of Colorado, USA. The following Additional Conditions apply only in cues 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 hall carry on said work at Sellers own risk until the same is fully completed and accepted and shall, in rise of my accident, destruction or injury he the work major materials before Sellers firul completion and acceptance, complete the work m Sellers awn expanse and in the satisfaction of the Purchaser. When undemis and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, initial, store and handle same an the son and become r.mnoble therefor m though such matenels and/or equipment were being fumished by the Seller Order the order. I8. INSURANCE. The Seller shall, at his own expense, provide for the payment of workerscompensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, .Nor to their depmdms in accordance with the laws of the state in which the work is to M done. The Seller shall also carry commermsive named d liability including, but rant limited m, contractual and automobile public liability insurance with bodily injury and death limits of at least SEX,000 for my one person, S500J0Kq for my one accident and proex, damage limit Per accident of StW,IgO. The Seller shall likewise require his nomination, if any, to provide mouth compensation and insurance. Before any of the Sellers or his connanors employees shall do any work upon the premises of others, the Seller shall famish the Purdiazer with a celvficare that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificate shall specify the date when such compenvatu n and insurance expires. The Seller agrees that such compemation and insurance shall be maintained =ell after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and lmix liry for my and all damage loss or injury of my kind r more 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, agbuis and employe. from and al my and all claims, losses, damages, charges or expense, whether direct or indirect, and whether to persons or property is which the Purchaser may be put or subject by reason of my arL action, neglect, omission or default on the pan of the Seller, my of his contractors, or any of the Sellers or contractors officers, agents or employees. In sure my suit or other proceedings shall be brought against the Purchase, or is officers, agents or employees at any time on account or by reason of my act, action, neglect, omision or default of the Seller of my of his contracors or my of its or their officers, agens or employees as afor.aid, the Seller hereby agrees to assume the defense dimmer and to defend the same at the Sellers own rename, to pay my and all costs, charges, attorneys fees and other exper¢.. my and all judgments that may M incurred by or obtained against the Purchaser or any of its or their officers. agents m employees in tech suits m oche, proceedings, and in use judgment or other lien M placed upon or obtained against the property, of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will ar once cause the same to M dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all vfbW povermo., fmnish and install dl guards meje ary for the excitation of wridem. comply with all laws and regulations with regard to safety including, but without limitation the Occupational Seery and Health An of 1970 and ell mine and regulations issued pursuant thereon. Revised 07/2014