Loading...
HomeMy WebLinkAbout124948 TOP GUN PRESSURE WASHING INC - PURCHASE ORDER - 3215062Fort Collins PURCHASE ORDER PO Number Page 3215062 1of2 This number must appear on all invoices, packing sli s and labels. Date: 01/06/2015 Vendor: 124948 Ship To: PARK MAINTENANCE TOP GUN PRESSURE WASHING INC CITY OF FORT COLLINS 500 W 67TH ST 413 S BRYAN LOVELAND CO 80538 FORT COLLINS CO 80521 Delivery Date: 01/05/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Annual 1 LOT LS 100,000.00 PER TERMS AND CONDITIONS OF BID 7152 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. 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 Total Pay terms net 30 days Invoice Address: rr City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By smmre me City of Fan Collins is exempt fmm structural! local saxes. Our Exemption Number is I I. NON WAIVER. 9&04502, Fademl Excise Tax Exemption Certificate of Registry 84-6000587 is mi iuered with the Collector or Failure of the Purchaser to insist upon said performance of the terms and conditions hereof, failure or delay to Internal Revenue, Deaver. Colorado (Ref Colorado Raised Smmto 1973. Chapter 39-26. 114 (a), a ise my rights or remedies Provided herein or by law, failure to promptly warty the Seller in the went of a bxnch. the wearisome, ofor paymaster for goods heremtder or approval ofdte design, shall not release 0e, Seller of Goads Rejected. GOODS REJECTED due a faftim to meet specifications, enter when shipped or due to defects of my of the wmantics or obligation, of this purchase order and shall not be deemed a waiver of my right of the dvnage in 0amit, may be returned a you for credit and are not to be replaced except upon receipt of wxhtn, purchaser to inset upon strict pert ce hereofor my Cris rights or remedies Or to my such goods, mistress imnuctions t the City ofFon Collins. of whim shipped, received or accepted, as a my prim or subsequent default haremder, nor shall my purported and modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS use subject a the City of Fort Collins inspection on consul. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response inthis order car result in 12. ASSIGNM ENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to Fee understood thoFINAL Seller and the Purchaser recognize tat in actual economic practice, overcharges resulting from an ift—I ACCEPTANCE is dependentupon Completion ofalimplicable required inspection procedures, violations are in fact home by the Purchaser, Theretofore,nfar good cause and u consideration for executing this purchase Cedar, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be FOR,, City of Fan Collins, 74O Wood St, Fort Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to me particular goads or services otherwise sDxifi,d oa this order If permission is given to prepay freight and charge sepammly, the orkmal freight purchased or acquired by the Purchaser pursuant to this purchase order. bit must accompany invoice. Additional charges for packing will not b, accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturm Rase dshibuting points in various parts of the country, shipment is If the Purchaser directs the Seller to Correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest dishmution paint m destrution, and excess feight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its imbility or unwillingness In Comply. the Purchaser shipmenu are etude from greater distanc, may cause the work to be performed by dw most eapeftious in. available to it rod the Seller shall Pay all casts associated with such work. Permits. Seller shall pmcum at sellers sole cast all necessary, Fermis, Certificates and licenses requirW by all applicable laws, regulations, ordinances and rules order state, municipality, memory or political subdivision when The Seller shall release the Purchaser and its contractors of my tier fmm all liability and claims army aware the work is Enthral or required by my other duty constinte'd public authority having jurisdiction over to work retailing from the pert ofsuch work. of vdor. Seller further agrees to (told the City of Fort Collins hand. from and agenns, all liability and lass incurred by them by reason arm asserted or established violation of my such laws, regulations, ordianca, Coles This release shall apply even in the mein of fault of negligence of the parry released and shall extend an the and requirements. directors, m1iicers and employees ofsuch piny. Authorization. All parties to this contact agree that the representatives we, in ( t fora fide and possess full end ampler authority to bind said parties. LIMITATION OF TERMS. This Purchase Order npressly limits acceptance to the mans and conditions sorted herein at forth and any supplanters, or additional teats and conditions annexed herelo or incorporated barrio by reference. Any additional or different rem¢ and conditions proposed by seller are objected to and hereby rejected, 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m active on your promised delivery dam as noted. Time is of the essmar. Delivery and Performance must be effected wifin the time stated on the purchase order and the documents muched hereto. No acts of the Purchasers including, without limitaton, acceptance of partial lam deliveries, shall operate us a waiver of this provision. In the event ofany delay, the Punbeem, shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Sellar shall nor be liable far damagas as a it of delays due to comes not eeuoably foreseeable which we beyond its reasonable control red without its fart oforgligmce, such acts of Gad, acts of civil or military authorities, governmental practices, f s. strikes, Rood epidemics, sears or riots provided that aria of the Conditions rinsing such delay is givim to the Purchaser within five (5) days of the time when the Seller fir it received knowledge thereof. In the went of my such delay, Life date of delivery shall be exmended far the period equal n the time antally lost by reason argue delay. 3. WARRANTY. The Seller warrants that all good, wines, materials and work covered by this order will conform wit applicable drawings, apeciffettions, samples and/or Cube, descriptioas given, will be Et for gue purposes wftw ed, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar Cart. Tic Seller agrees to hold the purchaser hornless from any loss, damage or expense which the Purchaser may suffer or incur on account argue Sella branch of wmanty. 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 as may be prescribed by law or by the team of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasoably delayed), rasulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not institute a waiver ofany claim order this warranty. Except res otherwise provided in this purchase order, Life Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or garantees, 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 rake Chiral to legal terms by sodium change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make my changes a me terms, odds, than legal tenor, including addoims to or deletions franc me quantities originally ordered in me specifications or dmwings, by ve,bal Cr wnner change redo. If any such Change wImts the amomt due or the time ofperfmmance branches, an equitable adjustment shell be made. 6. TERMINATIONS. The Purchaser may st any lime by wrirtea change order, manure this agreement, ss a any or all Pont.. of the goods then not shipped, subject to any equitable adjutmmt between the parties m 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 cansryuemial damages, and that no such adjustment be made in favor of the Seller wilt aspect to any goad which ere the Sellers standard stock. No such termination shall relieve the Purchaser or the Seiler ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants taut all good sold hereunder shall have been pre,lWod, said, delivered and famished in tenet Complim e, with all applicable Was and regulators to which the goods art subjact The Seller shall mewte and deliver such documents as may he required as meet or evident compliantt. All laws and regulations required to be itunryormed in agreemens of this character are herby incorporated herein by this ref ce. The Sell. agree to indemnify end hold Line Pardoner harmless from all toss and dmn q es suRemi by me Purchaser as a result of the Sella failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, fo ufeq w canvey this order, or my monies due or to become due hereunder without the prior vermin consent ofthe other parry. 10. TITLE. The Seller warrants full, new and Constricted title to the Purchaser for all equipment, materials, and items burnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims ofoterx. The Sellers contractal obligations, including warranty, shall not be deemed to be reduced, to my way, because such work is performed or caused a he pci fomtN by the Purchaser. 14. PATENTS. Whenever the Seller is required to me my design, device, material or process covered by lenev patent trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and AI claims for infringement by reason of the use of such Financed design, device, material or process in connection with the contact, and shall indemnify the Purchaser for my cost, expense or damage which it may be obliged to Pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any pan thereof or the intended use or the goods, is in such suit held to combine infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for to Purchaser the right a continue using said equipment or pans, replace Life same with mbormially equal but mninGnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankapm, rake an assignment far die bereft of cooduars, appoint a receive, or trustee for my of me Sellers m i perty oftbuM inesa, this order may fowit be cerueled by rho Purchaser without liability. 16. GOVERNING LAW. The definitions of terns used or the interpretation ofOte agreement and the rights of all parties heremder shall be consumed under and governed by the lawn of the State of Colorado, USA. The following Additional Conditions apply only in Cases when the Seller is an perform work hmeunder. including the services ofSellm Represenativc(s), on the premises ofarden. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, destruction or army be rise work ardor materials before Sellers final Completion and acceptance. complete the work at Sellers own expense and to the satisfaction of the purchaser. When materials and eq.ipmeat One furnished by oubers for installation or auction by the Seller, the Seller shall receive, ansard, store and handle scone in the sire and become respirable therefor as though such materials and/or equipment were being famished by me Seller under the order. 18. INSURANCE The Seller shall, in his awn expense, provide for die payment orworkers compensator, including accupauaml disease benefits, to its employees employed as or in Commtion with Like work covered by this purchase order. mNm a their depecheas in accordance with the Was of the, state in which the work is to be done. The Seller shall also carry comprehensive gmeml liability including, but not limited his conmacnW and amonwbile public liability insurance with bodily injury and hst limits of at less, S3OdO0O for any one person, 550O,000 for my one accident and property damage limit per occident of 5400,000, The Seller shall likewise require his contractors, if any, a Provide fo, such rnmparous ion and inssuance. Before any of me Sellers or has exec riot employees shall do any work upon the premises of others, the Seller shall famish she Purchmer with a Certificate that such compensation and insurance have been provided. Such anifirwas shall specify the date when such compensation arch insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees tat such compensation and insurance shall be mainained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assunus the entire responsibility and liability for my and all dmage, loss or injury ofany kind or nature whatsoever to Factors or property caused by or resulting from the execution ofh work provided for in this puehue order or in Connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers. agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to pertain or property a which me Purchaser may he put or subject by reason of my act. action, region, omission of default on the pm of the Seller, my of Ns constants, or my of the Sella or contractors oRcm, agents or employees. In case my suit or other proceedings shall be broughl againn she Purtbuer, ce its officers, agents of employees m any time on mcocon t or by reason of my act, action, neglect, omission Or default of the Seller of my of his motrecnrs or my of its or mein officm. new or employees as aforesaid, rde Seller hemby agrees to assume me defetsse thereof and to defend the sane at the Sella own expense, to pay my end al rocs, charges, attorneys fees and other expresses, my and all jndgmms ram may be incurred by or obtained against the Purchaser or my of is or m rr oRcm, ,ens or employees in such to or order proceedings, and in eau judgment or rguer firm be pWced upov or obtained against me property, of the Pwcbuer, or said pmtis in or as a mi ofsuch suns or other proceedings, the Seller will at once nun the some to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take ell safety precautions, furnish and instill all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including hot without limitation, the Occupational Safety and Health Act Of 1900 and all Coles and regulations issued pu munt thereto. Revised 07/2014