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HomeMy WebLinkAbout113984 WAGNER EQUIPMENT CO - PURCHASE ORDER - 9172967 (2)PO City of PURCHASE ORDER 9172967r Page of 2 Fort Collins This number must appear on all invoices, packing sli s and labels. Date: 05/08/2017 Vendor: 113984 Ship To: FLEET SERVICES - MAIN SHOP WAGNER EQUIPMENT CO CITY OF FORT COLLINS 18000 SMITH RD 835 WOOD ST AURORA CO 80011-3511 FORT COLLINS CO 80521 Req #: Delivery Date: 05/08/2017 Buyer: DOUG CLAPP Note: 2017A Lease Purchase ref. RFP # 8372 replaces unit# 32013 Line Description p Quantity Ordered UOM Unit Price Extended Price 2015 AP555E asphalt paver 1 LOT EA 240,967.84 ref. Quote # 164928-01 2,565100 per Aaron Smith City of Fort Collins Director of Purchasing This order is not valid over $5000 unless signed by Gerry Paul City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Phone:970-221-6775 $240, 967.84 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 I COMNIERCLAL DETAILS Tax exemptions By statute the City of Fan Collins Is exempt from state and local taxes Our Exemption Number is I I NONW RIVER. 98-04502 Federal Excise I. Exemption Cemficate of Registry 84-6000587 is regstered with the Collector. of Fadure of the Purchaser to insist upon met performance of the terms and conditions hereof, failure or delay to Intemal Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a) exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach. the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, other when shipped or due to defear of my of the warrmues or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in round, d, may be returned to you for credo and are not an be replaced except upon receipt of wnnen purchaser to insist upon smct performance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins of when shopped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescass inn of this purchase order by the Purchaser operate as a waver of any of the reams Inspection GOODS we subject to the City of Fan Callas inspection on arrival hereof Final Acceptance Recnpt of the merchandise servrees or equipment in response to this order can result in 12 ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fan Collins However, it is m be understood that FINAL Seller and the Purchaser recognize that in actual economic practice. overcharges resulting from warrant ACCEPTANCE is dependent upon completion of all applicable required inspection procedures violations in. in fact home by the Purchaser Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms Shipments most be F.O B , City of Fan Collins, 700 Wood St, Fan Collins, CO 80522. unless acquired under federal or mate antitrust laws for such overcharges relating to the particular goods or services otherwise specified an this order If permission is given m prepay freight and charge separately, the original freight purchased as acquired by the Purchaser pursuant to this purchase order bill must accompany invoice Additional charges for packing will rim be accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment Is expected from the nearest distribution point to desunmon, and excess freight will be deducted from Invoice whim shipments ate made From greater distance Permits Seller shall procure at sellers sole cast all necessary permits. cemficates and licenses required by all applicable laws, regulations. ordinances and rules of the sate, municipality. territory or political subdivision where the work its performed, or required by my other duly constituted public autlmnry having junsdreuan 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, rates and requirements Authonzation All panes to this contract agree that the representatives are in fact bane fide and possess full and complete authority m bind sad pastes LfhffTATION OF TERMS This Purchase Order expressly limits acceptance an the terms and conditions noted herein set forth and my supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terms and conditions proposed by seller ate objected to and hereby rejected. 2 DELIVERY PLEASE ADVISE PURCHASING AGENT Immediately if you cannot make complete shipment to arrive on your pmnnsed delivery dare as noted. Time its of the essence Delivery and performance most be effected within the time anted on the purchase order and the documents attached hereto. No acts of the Purchasers including, without ]imitation, acceptance of partial late deliveries, shall operate as a waiver of this provision to the event of any delay, the Purchaser shall have, in addition mother legal and equitable remedies. the option of placing this order elsewhere and holding the Sella liable for damages However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are bevend Its reasonable control and without Its fault of negligence, such acts of God, acts of civil or military authorities, governmental pramues, fires, strikes, Rood, epidemics, wars or hots provided Ilia nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the nine when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the period equal to the nine actually lost by reason of the delav 3 WARRANTY The Seller warrants that all goods, antews, materials and work covered by this order will conform wa h applicable drawings, specifications, samples ember other desahpoons given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from my Iowa 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 in the purchaser, my defects or felts easing within one ( I I year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller Acceptance or use of goods by the Purchaser shall not croslimm a waver army clam order this wanmry Except as otherwise provided in this purchase order, the Sellers Lability heremder shall extend to all damages proximately caused by the breach of my of the foregoing warrmtias ar 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 Purchaser may make changes to legal terms by written change order 5 CHANGES IN CONENERCIAL TERMS. The Purchaser may make my changes to the reams, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written change order If my such change affects the amount due or the nine of perfomaance hereunder, an equitable adjustment shall be made 6 TERMINATIONS The Purchaser may at my time by wnnnn lunge order, womlmte this agreement as to my or all portions of the goods then not shipped, subject to my equitable adjustment between the parties as on my work or materials that in progress provided that the Purchaser shall not be liable for my clean for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and thin no such adjustment be made in favor of the Seller with respect to my goods which are the Sellers standard stock No such termination shall relieve the Purchaser or the Seller of my of that obligations as to my goods delivered hereunder 7 CLAIMS FOR ADJUSTMENT Any clam for adjustment mast be asserted within thirty (30) days from the date the change or termination its ordered 8. COWLIANCE WITH LAW The Seller wanmhs that all goods sold hereunder shall have beat produced, sold delivered and Furnished at sect compliance with all applicable laws and regulations to which the goods are subject The Seller shall execute and deliver such documents as may be required in effect or 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 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 this order, or my monies due or to become due heremder without the prior wn0en consent of the other parry 10 TITLE The Seller warriors full, clear and unrestricted tole to the Purchaser for all equipment nationals. and amens famished in performance of this agreement free and clear of my and all bens, restrictions, reservations. security interest encumbrances and claims of others 13 PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available in it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any ter from all liability and dams 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 directors. officers and employees crouch parry The Sellers contmetml obligations, including warranty. shall not be deemed to be reduced. in my way, because such work its performed or caused m be performed by the Purchaser 14 PATENTS Whmever the Seller is'required to use my design, device, material or process covered by letter, patent, trademark or copynghl, the Seller shall mdem ufy and save hamrlen the Purchaser from my and all claims for infringement by reason of the use of such patented design, device. material or process 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 time during the prosecution or after the completion of the work In case and equipment, or my pan thereof or the intended use of the goods, is in such suit held to mandate infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at in option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nonmfringing equipment or modify it w it becomes nonmfnnging. 15INSOLVENCY If the Seller shall became insolvent or bankrupt, make an assignment for the benefit of creditors, 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. GOVERNINGLAW The definitions of mans used or the interpretation of the agreement and the rights of all pastes hereunder shall be construed under 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 ReprewmalrvHs), on the premises of others. 17. SELLERS RESPONSIBILITY The Seller shall carry an sad work at Sellers own risk until the same is fully completed and accepted, and shall, in case of my accident, destruction or 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 u wallation or erection by the Seller. the Seller shall receive, unload, gore and handle same at the site and became responsible therefor in though such materials and/or equipment were being remained by the Seller under the order IS INSURANCE The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, in 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 more in which the work Is to be done The Sella shall else carry comprehensive general liability including, but not limited to, contractual and automobile public Lability insurance with bodily injury and death limits of at least S300,000 for my one parson, $500,000 far any one accident and properly damage limit per accident of S400,000 The Seller shall likewise require his contractors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors emplovem shall do any work upon the premaes of others, the Seller shall fumtsh the Purchaser with a cortificam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensabon and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compeasam n and insurance shall be maintained until after the entire work is completed and accepted. 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES The Seller hereby assume the =tire responsibility and liability for my and all damage. loss or injury of my kind or aware 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, damages, 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, negwect 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 proceedings shall be brought against the Purchaser, or its officers, agents or employees at my tine on account or by reason of my act, when, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees its aforesaid the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, moneys fees and other expenses, my and all 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 Ian be placed upon or obtained against the property of the Purchaser, or sad 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 contractors shall take all safety precautions, furnish and install all guards necessary for the prevmuon of accidents, comply with all laws and regulations with regard in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all stiles and regulations issued pursuant thereto. Revised 03/2010