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HomeMy WebLinkAbout124948 TOP GUN PRESSURE WASHING INC - PURCHASE ORDER - 3215266PO PURCHASE ORDER 321526er Page City of PURCHASE 15266 1 of s ' `t Collins( hisnumbermustappear V ' 1�7 on all invoices, packing sli s and labels. Date: 0111312015 Vendor: 124948 Ship To: WATER UTILITIES TOP GUN PRESSURE WASHING INC CITY OF FORT COLLINS 500 W 67TH ST 700 WOOD ST LOVELAND CO 80538 FORT COLLINS CO 80521 Delivery Date: 01/12/2015 Buyer: PAT JOHNSON 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 TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price i 2015 Blanket Order Graftti removal 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 40,000.00 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 Pon Collins or exempt form state and ]real taxes. Our Exemption Number is I I. NONWANER. 98-04502. Federal Excise Tax Exemption CMi0cate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal 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 pacify the Seller in the event of a breach, the acceptance of or payment for goads hereunder or approval one, design, shall not 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 deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hereof or any of its rights or remedies az in any such goods, regardless instructions tom the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any putponed oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on Appeal. hereof. services o Final Acceptance. Receipt of the merchandise, se r equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that economic practice, overcharges nation g Rom antitrust ion ACCEPTANCE is Dependent upon completion o[all applicable required inspection procedures. the r, heref this violations are in fact Some Theretofore anygrinda cause and ms consideration for actuating recaps t the u ser any end all claims it may now have or hereafter he here Purchase order, the Seller hereby assigns t Terms Shipments must be PA.B. Glin effort Collins, 700 Wood Fort Collins, CO 80542, unless h cover laws for such overcharges relating b the particular goods or services acquired under federal state s s is given Refight and charge separately, the original freight otherst charge otherwise spwified on this oNer. Ifonal y t Purchaser purchased or acquired by the Purchaser pursuant this purchase offer. charges i g will bill most auompany invoice. Additional charger for packing will not be accepted. 1ri PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Where manufacturers have Palms s vs parts the shipment is nation, threats r, Seller ect or debility goods by to be agreed on byPunch die thee. d from Ivoice n(an point re destination, end excess fre ght will be deducted from Invoice when expected Ram the ,forest Fro deco and from de Purchaser and the a Seller fter indicates peas; a Purr, aserPurand the indicates its inability or unwillingness to comply, end the Selleryfla, the Popsy shipments ere made from greater distance. realer tee, e all may canoe the work to be by the moor expeditious means available ro it, and the Sells shall pay all work most work costs associated with such work. Peanuts Seller shall percent at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, criminality t,-,a, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor, Seller further agrees to hold the City or Pon Collins harmless from and against all liability and loss incurred by them by reason of an assumed or establkM1ed violation of any such laws, regulations, ordinances, piles and requirements. Authorization. All parries to this commit agree that the reprcswtra us are, in fact, bona file and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tombs and conditions stated herein set forth and any supplementary or additional terms and conditions atmcard hereto or incorporated herein by reference. Any additional or diQ ricer terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yap cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must be eHedd within the time stated on the purchase order and the documents atouched haretc. No pots of the Pamhasus including, without limitation, acceptance of partial late delp,mrs, shall operate as a waiver of fix provision. In the event of ary delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages However, the Seller shall act be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofciAl or military authorities, govemmmml pm rats, fires, sutras fiord, 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 first received knowledge thereof. In the event of any each delay, the data of delivery shall be extended for the period equal m the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work revered by this offer will conform with applicable drawings, specifications, somples and/or other descriptions 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 Serer agrees to hold the purchaser harmless from any loss, damage or expense which the Prourn ei may suffer or incur on account of the Sellers breach of warra ,, The Seller shall replace, reeiit or make good, without cost to the purchase, 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 toms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famish d hereunder bearploux 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 institute a waiver of 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 everranties or guarantees, but such liability shall in no event include loss ofpmfits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes m legal perms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, 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 any such change affect the amount due or the time ofpermrmance hereunder, an equitable adjustment shall be made, 6. TERMINATIONS. The Purchaser may at any time by wrl0en change order, terminate this agreement as to any of all portions of tlm goods then not shipped, subject o any equitable adjustment between the parties us to any work or malarial, then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion orde goods author work, for incidental or consequential damages, and that no such adjustment be made in favor ofthe Seller with respect to any goods which are the Sellers smndaN stock_ No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any goods delivered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been prodoced, sold, delivered and furnished 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 ref2rence. 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, bunsfeq or convey this order, or any monies due or to become due hereunder without the prior wdnen consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title m the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of any and all liens, wound more, reservations, security interest fnemnbmnces and claims ofothers. nit Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees of such party. The Seller's contmcroad obligations, including warranty, shall not be deemed to be reduced, In any way, because such work is performed or caused to be performed by the Purchaser. 14, PATENTS. Mrourverthe Seller is required to use any design, device, material or process coveted by lean, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such oriented design, device, material or process in connection with the contract, 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 after th'e completion of the work. In cox said equipment, or any pan thereof or the intended use of the goods, is in such suit held to acted., inGngement and the use of said 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 parts, replace the same with substantially equal but concurring, equpment, or modify it an it becomes naninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make as assignment for the benefit of creditors, appoint it receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the reprinter without liability. 16. GOVERNING LAW. The defnitions oftemts used or the interpretation ofthe agreement and the rights of all parties hereunder shall be comrcued under and governed by the laws of the Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereurdar, including the services of Sellers RViraentative(s), on the premises predicts. 17. SELLERS RESPONSIBILITY. The Seller shall cart, on said work at Seller's own risk it the same is fully completed and accepted, and shall, an se of my accident, destmenon or injury to Ne work ardor materials before Sellers final turnaround and ceepti nce, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When moderate 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 become responsible therefor as though such materials and/or equipment were being fEmished by the Seller order the aid,, I If 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, ardor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cony comprehensive Kbacral liability including, but not limited to, contracmnl and automobile public liability insmmnca with bodily injury and earth limits of at least S300,000 for any o a It—, $500,000 for any one accident and property damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchase with a certificate that such compensation and insurance have been provided. Such ovandomer shall specify the date when such compensation and insurance have been provided. Such certifcates shall specify the date when such compensation and prourance expires. The Sella agrees that such compemsmien and insurance shall be maintained undl after the .to, week is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury ofany kind or nature 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 any r all of the Purchasers officer,, agents and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether re persons or property to which the Purchaser may be put or subject by reason of any net, action, neglect, omission or default on the part of the Seller, any of his antracmrs, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings 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 continuums or any of its or their offcrs, ageots or employees as aforesaid, the Seller hereby agrees to assume the defame 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 judgments that may be incurred by or obtained against the Puchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in base judgment or other Into be placed upon or obtained against the property ofthe Purchaser, or said 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 band or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary far the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiaaton, the Occupational Safety and Health Act of 1970 and all rules and regulations issued parsvant thereto. Revised 07/2014