Loading...
HomeMy WebLinkAbout124948 TOP GUN PRESSURE WASHING INC - PURCHASE ORDER - 3211341PURCHASE ORDER PO Number Page City OfCollins � 3211341 1 of z �t COI l I n CJ This number must appear on all invoices, packing slips and labels. Date: 0310412011 Vendor: 124948 TOP GUN PRESSURE WASHING INC 500 W 67TH ST LOVELAND Colorado 80538 Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 Delivery Date: 03/04/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2011 Annual PER TERMS AND CONDITIONS OF BID 7152 9-zx�C3. 011�:s4 � City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Ordcr 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. NON WAIVER. 98-04502. Federal Excise Tax Exemption Ccnificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict p rfomance of the toms and conditions hercof, failure or delay to Internal Revenue. Denver. Colorado (Ref. Colorado Revised Starnes 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 n breach, the acceptance ofor payment for goods hereunder or approval of the design, shall out release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be docmcd a waiver of any right of the damage in Transit, may be rammed to you for credit and are not to be replaced except upon reccipt of written purchaser to insist upon strict performance hereofor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported amp modification or remit. ion of this purchase order by the Purchaser operate as a waiver of any of the Iemis Inspection. GOODS are subject to the City Of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the memhandisc. services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for grad cause and as consideration for executing this parchnu order, the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 7(N) Woad St., Fort Collins. CO 50522. unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services Otherwise specified On this order. If permission is given m prepay freight and charge sclu ately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing point in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming Or defective goods by a date to bz agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller. and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser shipments arc made fmm greater distance. may cause the work to be performed by the most expeditions means available to it, and the Scller shall pay all cants associated with such work. Permits. Seller shall procure at sellers sole cant all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is pMormed. or required by any other duly constituted public authority having jurisdiction over the work of verdict. Seller further agrees to hold the City of Fan Collins hamleec fmm and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, odes and requirements. Authorization. All panics to this contract agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the Iems and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different it. wad 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 premised delivery date as noted. Time is of the essence Delivery and performance must be cffccicd within the time stated on the purchase order and the documents attached hereto. NO acts Of the I'mchvscrs including, without limitation, acceptance of partial late deliveries shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaciag Ibis order elsewhere and holding the Seiler liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault ofnegligeacc. such acts of God, acts ofeivil or military authorities, governmental priorities, fires, strikes. Rood, epidemics, ears or riots pmsidcd that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seiler first received knowledge thereof In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason of the delay. 3. WARRANTY. The Seller wamnts that all goods. articles, materials and work covered by this order will confomn with applicable drawings, specifications, samples andlor other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar, nature. The Seiler agrees to hold the purchaser harmless fmm any loss, damage or expense which the PUmhaser may suffer ar incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) your or within such longer period of time as may be prescribed by law or by the terms crony 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 constitute a waiver array claim under this wamnty. Except as otherwise pmvidcd in this purchase enter, the Sellers liability hereunder shall extend to all damages pmximately caused by the breach of any of the foregoing wamnties or guarantees. but such liability shall in no event include lass ofpmfits or loss of uec. 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 writen change order. 5. CHANGES IN COMMERCIAL TERMS, The Purchaser may make any changes to the terms, other than legal tcros, including additions to or deletions firm the quantities originally ordered in the specifications or drawings. by verbal O vrincn change order. If any such change affects the amount due or the time of perlmaro nee hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change omcr, terminate this agreement as to any or all portions of the grads then not shipped, subject to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gards and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seiler of any of fl cir obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days Firm the date the change Or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods an subject. The Seiler 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless Farm all casts and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wsinen consent of the other party. 10. TITLE. The Seller warm, nts full, clear and unrestricted title to the Pumhascr 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 and claims of others. The Seller shall release the Purchaser and its contractors of any tier form all liability and claims of any nature resulting from the performance ofsach work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, office. and employees ofsueh party. The Scllch contractual Obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be perfomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent an dcronk or copyright, the Seiler shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contact, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or a0cr the completion of the work. In case said equipment or any 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 enjnincd, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors. appoint a receiver or trustee for any of the Sellers property ar business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used Or the interpretation ofthe agreement and the rights bfall panics hereunder shall be construed under and governed by the laws of the State of Coloado. USA. The following Additional Conditions apply only in cases where the Seller is to Perform work hereunder, including the services of Scllcrs Rcpmscntativc(s), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Scller shall carry on said work at Scllcr's own risk until the same is fully completed and accepted, and shall, in case of any 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 arc famished by others for installation or erection by the Seller. the Seiler shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/Or to their dependents in uccordmce with the laws of the state in which the work is to be done. The SCller shall also carry comprehensive general liability including, but not limited to, cnntmetual and automobile public liability insurance with bodily injury and death limits of at least S300,009 for any one person. 5500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likmvisc require his contractors, if any, to provide for such a nnEcrottion and insurance. Before any of the Scllcrs or his contractors employees shall do any work Upon the premises ofothcrs, the Seller shall famish the Purchaser with n certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler hereby assumes the entire responsibility and liability for any and all damage, loss or injury crime kind or nature whatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify, and hold harmless the Purchaser and any or all of the Pumhascm officers, agents and cmployces fmm and against any and all claims, losses. damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be pout or subject by reason crony act, action. neglect omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or cmployces. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on neeeunt or by reason of any act, action, neglect omission or default of the Seller of any of his contractors or any of its or their Officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense lhereof and to defend the same at the Scllcrs own expense to pry any and all costs, charges, aunmeys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or cmployces in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the saute to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of nccidents, comply with all laws and regulations with regard to safety including hot without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuant thereto. Revised 0312010