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HomeMy WebLinkAbout124948 TOP GUN PRESSURE WASHING INC - PURCHASE ORDER - 3213375 (2)PURCHASE ,ORDER PO Number Page City Of 3213375 1 of z Flirt on all invoices, pacst king ,t—,J`_' ` Collins` J on all invoices, packing slips and labels. Date: 07/18/2013 Vendor: 124948 (Ship To: WATER UTILITIES TOP GUN PRESSURE WASHING INC / CITY OF FORT COLLINS 500 W 67TH ST 700 WOOD ST LOVELAND Colorado 80538 / FORT COLLINS Colorado 80521 Delivery Date: 01/14/2013 Buyer: OPAL DICK 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 Td PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description ' ' Quantity UOM Unit Price Extended Ordered Price 2 Addendum 1 -add addtl. funds / 1 LOT LS 10,000.00 Add additional funds per requisition 7/18/13 PLJ 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 5801 F ort Collins, CO 80522-0580 Phone:970-221-6775 Fax:970-221-6707 Email:purchasing(a)fcgov.com Total $10,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terns and Condition 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 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Re[ Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt Hof written instructions from the City of Fort Collins. 1 Inspection. GOODS are subject to the City of Fart Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fart Collins, CO 50522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. \ Shipment Distance. Where manufacturers have distributing points in various parrs of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. s 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of er breach, the acceptance of or payment for fowls hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact bome 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 acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCIIASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller m correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafler indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all \ costsassociated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rates of the state, municipality, territory or political subdivision where\ 'Ihe Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature the work is performed, or required by any other duly consumed public authority having jurisdiction over the work s resulting from the performance ofsuch work. of vender. 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 any such laws, regulations, ordinances, roles This riLlse shall apply even in the event of fault of negligence of the party released and shall extend to the and requirements. direcmrsl officers and employees ofsuch party. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess fill and The Selle`'s contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because complete authority to bind said parties. such wOrk'is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated t herein set fardrand any supplementary or additional terms and conditions annexed hereto or incorporated herein by 14. PAT 17N'FS. reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. Whenever (lie Seiler is required to use any design, device, material or process covered by letter, patent, trademark or copyright idhe Seller shall maternity, and save harmless the Purchaser from any and all claims for infringement 2. DELIVERY. by reason of the use of such patented design, device, material or process in connection with the contract, and PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch promised delivery date w noted Time is of the essence. Delivery and performance must be effected within the time infringemcnl at any time during the prosecution or after the completion of the work. In case said equipment, or stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without any pan theeof or the intended use of the goods, is in such suit held m constitute infringement and the use of limitation, acceptance offer ial late deliveries, shall operate m a waiver oflhis provision. In the event of any delay, said equipment in, pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays mrinfringing equipment, or modify it so it becomes noninfifnging. due m causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, I such acts of God; acts ofeivd or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or 15. INSOLVENCY. new provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Sellerlshall(become insolvent or bankrupt, make an assigmment for the benefit of creditors, appoint a time when the Seller fast received knowledge thereof. In the event of any such delay, the date of delivery shall be receiver or mome,for any of the Sellers property or business, this order may forthwith be canceled by the extended for the period equal to the time actually lost by reason of the delay. Purchaser without liability. 3. WARRAN'TY. ' The Seller warning that all goods, articles, materials and work covered by this order will conform with applicable drawings specifications, samples and/or other daunpliom 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 any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time w may be prescribed by law or by the tents crony applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be tmtessombly 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 c f any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss ofprofits or loss ofuse. 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. t 5. CHANGES IN C0MMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the speciticutiuns or drawings, by verbal or written change order. If any such change affects the amount due or the time ofperformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped, subjec('lo any equitable adjustment between the parties 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 goods 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 are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller crony of their obligations m to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT:' Any claim for adjustment mutt be asserted within thirty (30) days from the date the change or termination is ordered. S. C0MPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict 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 to 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 haatless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law.t 9. ASSIGNMENT. Neither party shall assign, tmnsfeq or convey this order, or any monies due or to become due hereunder without the prior written content of the other party. v 10. TITLE. The Seller warrants full, clew and unrestricted title in the Purchaser 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 ofothers. 16. GOVERNING LAW. The definitions of terms used or the interpretation offl a agreement and the rights ofall parties hereunder shall be consrued under and gw'emed by the laws ofthe State ofColomdo, USA. - t The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenmtive(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry air said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any accident, 'destmction or injury to the work and/or materials before Seller's final completion and acceptance, complete thejwork at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others for installation or erection by [he Seller, the Seller shall receive, unload, store and handle same at. the site and become responsible therefor as though such materials and/or equipment were being fumished'by the Seller under the order. 18. INSURANCE. The Seller shall, at hi owit expense, provide for the payment of workers compensation, including occupational disease benefits, m its c... plwca,; employed on or in connection with the work covered by this purchase order, and/or to their JepenJenis m accordance with [he Inws of the slate in which the work is [o be done. The Seller shall alto carry comprehensive general liability including, but not limited to, contractual and automobile public liability ins+mnce with birdilytinjnry and Aeath limits of set lent 5300,000 far any one Person, S$UU,nUU fur any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his cbnlrucurzs, if any, to provide for such wn[pensmm" and nerm ice. Before any of the Sellers or his commemrs employees shall do any wink upon the premises of others, the Seller shall famish the Purchaser with n certificate that such compensation mid asnrance have been provided. Such certificates shall specify the dine when such compensation and in.ana"o have been provided. Such terdfcaes shall The the date when such wmpensntion and insurance expires. The Selleragrees that such compensation and insurance shall be maintained until after the entire work is emmpleted and accepted. 19. PROTECTION AGAINS"r ACCIDENTS AND DAMAGES. The Seller hereby assumes the entim responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or resulting from the execution affix, 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 Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether diicct cr indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other pmeeedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account 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 thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgmenm that may be incurred by or obtained against the Purchaser or any 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 the propery of the Purchaser, or said parties in or m a result ofsuch 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, famish and install all guards necessary for the prevention of accidents, comply with all laws and, regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised OL2010