HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9150578Fort Collins
Date: 01 /26/2015
Vendor: 113984
WAGNER EQUIPMENT CO
18000 SMITH RD
AURORA CO 80011-3511
PURCHASE ORDER
PO Number Page
9150578 loft
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/26/2015 Buver: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 Rent 140M2 Grader
To cover the cost of renting a CAT 140M2
Grader for the Street department.
Rental to run from October 2014 thru
October 2015. Rate of $2,500 per
month.
Unit #52019, vin#CAT0140MHM9DO0948
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
27,500.00
Total $27,500.00
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
1. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is
11, NONWAIVER.
98-04502. Fademl Excise Tax Exemption Certificate of Registry 84.6000587 is registered with the Collector of
Failure of the Purchaser to insist upon server Performance of the manor and conditions hereof. failure or delay to
Internal Revenue, Dover, Colomdo fill Colorado Revised Statutes 1973, Chapter 39-26, 114 Of
exerase any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a
breach, the acceptance efor payment for goods hereunder or approval of the design, shall not releam the Seller of
Goods Rejected. GOODS REJECTED due to failure 0 meet specifications, either when shipped or due to defects of
Pay of the warranties or obligations of this purchase aide, and shall not be deemed a waiver of any right of the
damage in mossit, may be resumed to you for credit and ate not to be replaced except upon Perrier of wrinen
purchaser to insist upon stria performance hereof or Pay of its rights or remedies is to any such goods, mpullew
im are, ions from the City of Fon Collins.
of when shipped, received or accepted, as to any prior or subsequent default hereunder, we shall any pugco red
am] modification or rescission of Nis purchase order by Me Purchaser , mte as a waiver of any of the teats
Imitation. GOODS me subject to the City of Fun Collins inspection on annual.
hereof.
Final Acceptance. Receipt of the me¢handise, serviar or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
nuticamed payment on the pan of the City of ran Collim. Iiowevep it is to be understood the, FINAL
Seller and the Purehzva recognize that in actual crosessionic practice, morelarges resulting ions anliWm
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
violations me in fart tame by the Pomlarea. Theretofore, for good came and as consideration far eaerming this
purchae, order, the Seller hereby assigns to the Purchmm any and all claims it may now have or hereafter
Freight Team. Shipments must Ise F.O.B., City of Fun Collins, 7W Wood St., Fort Collim, CO 80522, It.
acquimd under federal or some antitrust laws for such ovareharges reaming to the particular goods or services
otherwise specified on this order. Ifpennio ion is given to prepay freight and charge separately, the original fight
purchased or acquired by the Purchaser pursuant to this purchase order.
hill most arcomnanv invaia. Additional charea for oackin , will not be narrated.
Shipment Divorce. Where manufacturers have Monitoring Polo% in variom as of the country, shipment is
expected farm Me Permit distribution point so deatirution, and excess freight will be deducted from Invoice when
shipments art made from grater discnes.
Par its. Sella shall procure at sellers sole cost all na., permits, crificales end licenses rwryired by all
applicable laws, regulations, ordinances and mles of the sum, municipality, memory or political subdivision when
the work is Performed, or required by any other duly constituted public authority havingjunediction over the work
of vendor. Seller further agrees to hold the City of pan Collins hataless from Pnd against all liability and loss
occurred by them by reawn of an asserted or established violation of any such laws, rrgulatiom, ordinances, rules
and requirements.
Authomvation. All parties to this contract agree Out the mpresenulives ore, in fact. bona fide and possess full and
complete authority to bind said pries.
LIMITATION OF TERMS. This Purchase Order expmssly limits acceptance to the moms and conditions stated
herein set Toed card any supplementary or additional toms and conditions ammxed lento or incorporated herein by
reference. Any additional or different moms and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your
promised delivery date as noted. Time is of the astute. Delivery and imfamunee most be effected within the time
stated on the purchase order and the documents attached hereto. No over of the Purchasers including, without
limitation, acceptance Pf prial late deliveries, shall operate as a waiver of this provision. In the event orally delay,
the Purchases shall have, in addition to other legal and equiable comedies, the Permit of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall not be liable to, damages as a result of delays
due to causes not reasonably foreseeable which are beyond its mawnaMe control and without its fault ofnegligenee,
such acts of God, acts of civil m military amhorhia, govemmenml priorities, fires, strikes, flood, epidemics, wars or
riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the
time when the Seller far received knowledge thereof. In the event of any such delay, the date of delivery shall be
extended for the p<,iW equal to the time actually lair by eemon of the delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, speri -lime, samples an&o, other descriptions given, will be lit for the purposes imaded, and
performed with the highest degree of care and competence in accordance with accepted standards for work of a
similar nature. The Seller agrees ,, bold the purchaser Jamaica, fern, any loss, damage or expense which the
Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to the purchaser, any detests or faults arising within one (1) year or within such longer period of
time m may be prescribed by law or by the terns army applicable warranty provided by the Seller after the date of
cceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials famished by the Seller Acceptance or rase of goods by the Purchaser shall not
omtitule a waiver of any claim under this woaunty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximarely caused by the breach of any of the foregoing warranties
or guarantees, but such liability shall in no event include loss of profits or IPes of me. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. Cl IANGES IN LEGAL TERMS.
The Purchaser may make changes to legal mmu by x'filmn change aide,
S. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the temw, other than legal morn. including additions to or deletions from
the quantities originally andered in the spreifeaiom to drawings. by verbal a written change older. If any such
change ofecs the amount due or the time of Performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at Pay lime by waimen change under, terminate this agreement as to any of ill portions of the
goods then not shipped, subject to any equitable ndjmtmml between the panic as to any work or materials then in
progress provided that Me Purchaser shall trot be liable far any claims for anticipated profits on the uncompleted
portion of the fonds aN/or work, for incidental to consequential damages, not slut no such adjustment be made in
favor argue Seller with respect to any goods which are the Sellers standard! stock. No such lamiumion shall relieve
the Purchases or Me Seller ofany affair obligations as to any grad delivered hereunder.
I. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from Me dam the change or commatioa is
ordered.
8. COMPLIANCE WITH LAW.
The Sella warams that all goads sold formula shall have been produced sold, delivered and furnished in will
compliance with all applicable laws and regulations to which Me goads art subject. The Seller shall exeenm and
deliva such documents as may be required to effect m evidence compliance. All laws and regulations regained,. be
incorporated in a,marga u of this character are hereby itco,samed herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless farm all costs and damages suffered by the Purehma as a Paull of the
Sellers failure in comply with such law.
9. ASSIGNMENT.
Neither party shall resign, issuance, or convey this order, or any monies due or to become due hereunder argued, the
prior written consm, of the other patty.
10, TITLE.
The Seller warrants full, clear and unrestricted title to the Pumhacr for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances red claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchazer directs the Sella to correct aonconforming m defective goods by a date to be agreed upon by the
Purchamer and the Sella, and the Sella thereafter indicates its inability or unwillingness 10 comply, the Purchaser
may radu the work so be performed by the most expeditious means available to it, and the Seller shall pay all
casts associated with such work.
The Seller shall M. the Purchaser mod its wifinams of any tier from all liability mid claims of any ,atom
resulting from the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the party relraval and shall extend to the
directors, ofcas and employees fsuch pang.
The Selle's conradual obligations including warranty, shall Pot be deemed to be reduced. in any way, became
such work is petfamred or varied to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by lever, patent, trademark
r copyright, the Seller shall indemnify end save harmless the Purchaser from any and all claims for infringement
by Proton of the use of such patented design, devim, material or Process in connection with the contact, and
shall indemnify the Purchaser for any cos, expertise or damage which it may be obliged to Pay by reason of such
infringement at any time during the prosecution or after the completion of the work. In was said equipment, or
any per thereof or the intended use of the goads, is in such suit held to constitute infringement red the use of
sued equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the
Purchaser the right to continue using said equipment or pis, replace the same with substantially equal but
nomnfnging equlpmenL or modify it so it becomes noninfnnging.
15. INSOLVENCY.
If the Sella shall become insolvent or baMmpt, make an assignment far the heart,, of creditors, appoint a
receiver or trustee for any of the Sellers property m business, this order may forthwith be canceled by the
Purehi aer without liability.
16. GOVERNING LAW.
The definitions of terms used or the interpretation argue agreement and the rights of al I parties hereunder shall be
construed under and govemed by the laws of the State ofColorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder,
including the services of5ellas RWreunmfve(s), on the premises ofothers.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in u of any reviden, desvuctioo of injury to the work and/or materials before Seller's final completion and
acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials
and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload,
store and handle same at the site and became msporaible therefor as though such materials and/or equipment
were being fum6hed by the Sella under the order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including ate, mional
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller
shall also carry comprehensive barrel liability including, but not limited to, contrameed and automobile public
liability insum u e with bodily injury and death limits of at least 5300,000 for any one prawn, 5500,00o for my
me accident and propert
y damage limit pa accident of 5400,000. The Seiler shall likewise require his
contractors, if any, to provide for such compensation and insurance. Before my of the Sellers or his contractors
employees shall do soy work upon the premises of others, the Sella shall famish the Purchaser with a cenifirem
Met such compere tion end mourenre have been provided. Such ttnifiw¢s shall specify the dam when such
compensation and tiuumvice have been provided. Such catifcates shall specify the date when such compensation
and insurance expires. The Sella agrees tux, such compaamion and imumnce shall be maimimd until doer, the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes Om come responsibility anal liability for any and all damage, loss or injury army kind
r wore whouse,a to persons or property eausol by m resulting farm the execution of the work provided for in
Otis purchau order or in connection herewith. The Sella will indemnify sred hold harmless the Purchaser and any
r all of the Purehacets areas, agents red employees from and against my end all claims, losses, damages,
charges or expenses, whether direct or Partner, r, and whether to persons or property to which the Purchaser may
be par a subject by reason of any m, action, neglee, omission or default on the pan of the Sella. Pay of his
contractors, or any of rue Sellers or cuvtmaa a afters, agents o employees. In eau any suit or oNer,
proceedings shall Ix brought against rue Purehaur. no its afters, egenu or employees at any time on at., or
by Peron of nay ac, action. Partial, omission en default of Me, Sella or my of his contractors or Pay of its or
their officers, agents or employees as aforesaid, the Sella hereby agrees to assume rue defense thereof and to
defend the sense at the Sellers own expense, to pay Pay and all cows, charges, somreys fees and oMe, expenses,
my and all judgmenu that may he incurred by or obtained against the Purchaur or Pay of its or their officers,
agenr5 or employers to such suits ra other peaeedings, and in rave judgment or other It,. be placed upon m
obtained against the property of the Purchaser, or said huniw in or us a Paull of such suits or other proceedings.
the Sella will at once cause the same to IN dissolved and discharged by giving bond or oNerarise. The Seiler and
his contractors shall coke all safety precautions, famish and install all guard necessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, but without limitation, the
Occupational Safety mid Health Act of 1970 and all rates and regulations issued pursuant Menem.
Revised O7/2014