HomeMy WebLinkAbout124948 TOP GUN PRESSURE WASHING INC - PURCHASE ORDER - 9145821Fort Collins
Date: 10/08/2014
PURCHASE ORDER
Vendor: 124948
TOP GUN PRESSURE WASHING INC
500 W 67TH ST
LOVELAND CO 80538
PO Number Page
9145821 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: PARKING SERVICES
CITY OF FORT COLLINS
215 N MASON, 1ST FLOOR
FORT COLLINS CO 80524-4408
Delivery Date: 10/07/2014 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
High Pressure Washing 1 LOT LS 8,510.00
Civic Center Garage
PER TERMS AND CONDITIONS OF BID 7141
AND ESTIMATE #17447
z High Pressure Washing
Old Town Garage
PER ESTIMATE #17417
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
5,892.00
Total
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 Fort Collins is exempt fmm scale and local Isles. Our Exemption Number is
9R01502. Federal Excise Tax Exemption Castrate of Registry 84-6000587 is registered with the Collector of
[memo[ Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a).
Goods Rejected. GOODS REIECTED due to failure to meet s,ra frmiow, either what shipped or due to defects of
damage in transit, may be retuned as you far credit card am not to be replaced except upon receipt of wdnen
instructions from the City of Pan Collins.
Iremeaion. GOODS are subject to the City OfFmt Collim, inspection on arrival.
Final Acceptance. Receipt of the merchandise, se resp r equipment in onse ancad
this order result in
and ctuad payment on the pan of the City of Fall Collins. However, it is to be understood thatFUGAL
ACCEPTANCE is dependent upon completion of all applicable accuird imparion pracedums.
Freight Terms. Shipments must be TO B, City of Fort Collins, 900 Walsh Sr, Fiat Collins, CO 80522, sonless
ofuerssise specified on this order. Upermission is given to prepay freight and charge sepmately, flee original freight
bill muss accompany Ionia. Additional clorga far parking will nor be accepted.
Shipment Distance. Where namu harams have distributing points is ........ puns of the country, shipmend is
expected from the unrest distribution point to destination, and excess height will be deducted from Invoice woo
shipments NO made from Ramada docance.
Parear, Seller shall prame in sellers sale cast all re story pnmits, certificates and licenses required by all
applicable laws, regulations, ordinances and roles of the smut, municipality, temtary or political subdivision where
the work is performed, or required by any other duly conationed public authority having jurisdiction over the work
of vendor. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss
ua,mmd by them by reason of son awamd or established violation of any such laws, regulations, ordinances, roles
and amquir meats.
Authoritarian. All panic to this commat agree that the representatives are, in fact, bona fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Order expressly limits mceptance to the hams and conditions shod
herein set for and any supplementary or withdrawal mmms end condowns annexed hereto or iOcoryoramd herein by
reference. Any additional or different terms and conditions proposed by seller are objected to and hereby regaled.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT ImmeChtely ifyou cannot make complete shipment to amve on your
promised delivery date as noted. Time is ofthe essence. Delivery and perfomwnce Own be effected within the time
stated on the purchase order end the documents attached hereto. No acts of the Purchasers including, without
Radiation, acceptance animal late deliveries, shall operate ax a waiver of this provision. In the event army delay.
the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing disorder elsew see,
and holding the Seller liable for damages. However, the Seller shall not be liable far damages m' a result of delays
due to carries not easonably foreseeable which we beyond its..sonable control and without its fault of negligence,
such acts of Goal, acts ofnail or military authonce, governmental priori ict, fires, sbikes, flood, epidemics, wars or
rots provided then 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 such delay, the date of delivery shall be
extended for the penal equal to the time actually lost by remain ofthe delay.
3. WARRANTY.
The Seller ..Is that all goods, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples maker other desaduips, given will be fit for the purposes amended, and
perfonnd with she highest degree of tart and competence in accordance wish accepted slvWmd fro work of a
similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage of expense which the
Purchaser may suRer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
goo(, without cost to the purchaser, any defects or faults arcing within one (O year or within such longer peril of
time as may he Tropical by law or by the It. of any applicable warranty provided by the Sella OR. the One of
acceptance of the goods famished hereunder (mceptmce not to be unreasonably delayed), imaging from impart l
or defective work done or materials famished by the Seller Acceptance or we of goods by the Pushasef shall not
orestinew a waiver of any claim under Nis waranry. Escape as o0mrwke provided in this purchase coda, the Sellers
liability heeunder mall extend do all damages Femininely caused by the breach of any of the foregoing wamanuas
or guarantees, but such liability shall in no event include loss of profits or loss of ass. NO IMPLIED WARRANTY
OR MERCI IANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Pumaser may make changes to legal hams by wdnen change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any coact as the ®ruts, oNer than legal it—, including wMiuors to or deletions from
the quantities originally ordered in the spiel orations or drawings, by versed or written change order. If any such
change ofiecr the amount due or the time of,wrOpromnce hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The purchaser may at any lime by wroat change order, terminate this agreement as to any or all pinions of the
goods that an, shipped, subject to any equitable pripmamem between the parties as m any work or materials then in
progress provided tat the Purchaser shall not be liable for my claims for anticipated profits on the ureompletal
portion ofthe good ankar work, for incidental or consequential damages, and Nat no such w1jutmem be made in
river ofthe Seller with respect to any gals which arc the Sellers standard stock. No such lamination shall relieve
the Purchaser or the Seller crony oftheir obligations as to any goods delivered hereuler.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustmem must be asserted within Din, (30) days from the dare the change or termination is
ordered.
8. COMPLIANCE WITH LAW,
The Seller warrants too all Rands sold hernmda shall have been produced, sold, delivered and famished in sort
compliance with all applicable laws and regulations to which the goods arc subject. The Seller shut] execute and
deliver such documents as may be rmuired to 01m, or eadmu compliance. Au laws and regulation rmuiad to be
incorporated in agreements of this caralam are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages sun'ered by the Purchaser as a result of the
Sellers failure in comply with such law.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without he
pro, written couen of Oe oNer petty.
10. TITLE.
The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items fmished
in perform a of this agreement fro and clear of any and all liens, rtstricluess, resenalims, smunry interest
encumbrances and claims turwhers.
I I. NONWAIVER.
Failure of the Purchaser h imis, upon strict wrifanwna of the terms and wnditimss heteaf, faction, or delay to
exercisany rights or remedies provided herein or by law, Fit lure to promptly notify the Seller is the event of a
bra ch,tthe acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Sella of
any of the warranties or Obligations of this purtau order and shall not he deemed a waiver of any right of the
purchaser m insist upon strict perfmmance Immure, any of its rights or remedies as an any such goods, regardless
of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purponed
orel mollification or rescission of Nis purchase order by the Purchaser operate as a waiver of any of the form
hereof.
12. ASSIGNMENT OF ANTITRUSTCLAIMS.
Seller and the Purchaser recognize that in actual economic practice, assemblages resulting from antitrust
violadiom are in Or, bone by the Purchaser. Themofsm, far good cause, and ss comidemlien far camping, this
purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter
acquired under federal or swam antitrust laws far such overcharges relating to the particular goods Or services
purchased or acquired by the Purchaser Porsuandto this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
tribe Purchaser directs the Seller o sorest nonmrmarring or defective goods by a dam to be agreed upon by the
PumM1aur and the Seller, and the Seller thereafter iMicates its inability Or unwillingness to comply, the purchaser
may cause the work to be performed by the mutt expeditious means available to it, and the Seller shall pay all
costs associated with such work.
The Sella shall release the Pumhaer and its contractors of my tier fmm all liability and claims of any wmre
pending flown the performance ofsuch work.
This release shall apply even in the event of fault of negligence of the parry released and shall extend to the
moremrs, nficers end employees of such parry.
Thc Series oonwcand obligations, including w-arranry, shall not be deemed to be reduced, in any way, because
such work is perforated or caused to be Perforated by the Purchaser.
14. PATENTS.
Whenever the Seller is required or use any design, device, material or process coomal by Inver, patent, trademark
or copyright, the Seller shall indemnify and save hamiless the Purchaser from any and all claims for infringement
by reason of the use of such pa,.led design, device, .aerial or process in mnnecriao with the contract, and
shall indemnify the Purchaser for any cost, expense or damage which it may be obliged in pay by remain ofsuch
infringement at any time during the prosecution or after the completion of Ne work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held its constitute infringement and the use of
mid equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the
Purchaser the right to runtime using said equipment or pans, replace the same with substantially equal but
noninfringing maintain, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If the Seller shall became insolvent or bankrupt, make an assignment for due benefit of creditors, appoint a
revencir or trustee for my of due Sellers property or business, this order may forthwith be canceled by the
Pardoner without liability.
16. GOVERNING LAW.
The delinilinew of terms used or the imer ocallwn ofthe agreement and the rights of all parties hereunder shall be
avtmed under and governed by the laws ofthe Shim ofColowdo, USA.
The fallowing Additional Conditions apply only in c. where the Seller is da perform work hereunder,
lnduding the services o[Sellers Represenwtive(s), an the Orcmises ofoNera
17. SELLERS RESPONSIBILITY.
The Seller shall cart, on said work at Scllers own risk until the same is fully completed and manual, and shall,
in e of any timiden, destruction or iniary a the work seeker materials before Seller's final completion and
acceptance, complete the work at Sellees own express, and to the sadisfaclion of rate Parchusa. When are trials
and quipmmt arc fumuhed by others for installation or erection by to Sella, dw Seller tall receive, unlrod,
store and handle same in the site and become responsible therefor as though such materds motor equipment
were being famished by the Seller under the order.
I& INSURANCE.
The Seller sail, i t his we carcase, provide for the payment of workers compensation, including Occupational
disease benefit, to its employees employed on or in connection with the work covered by this purchase order,
and or or their dependent in accordance will the laws of the are in which the weak is to be done. The Sella
shall also carry compreh-yore general liability including, but cam limited to, contractual and mtomabile public
liability insurance with bodily injury and death limits of at least 530go00 for any one person, $500,000 for any
one accident and property damage limit per accident of 54W,". The Seller shall likewise require his
commissions, if any, to provide for such compensation mad! marmance. Before any of the Sellers or his contractors
employees shall do my work upon the prom sec Of others, the Seller sail fmish the Pamhazer with a certificate
that such compensation and insurance have been provided. Such certificates shall specify the date when such
compensation and insurance have been provided Such mr, ficams, shall specify the date when such compensation
and insurance expires. The Sella agrees that such compensation and imumnce shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby assumes the entire responsibility and liability for any and all damage, loss in injury ofany kind
or Hahne whatsoever to persons or property camead by or resulting from the execution of the work provided for in
this purchase oNer or in connection herewith. The Seller will indemnify and hold armless the Purchase, and any
r all of the Pu drome, offices, agents and employees from and against any and all claims, losses, damages,
caress or expemes, what direct or indirect, and whether to Priam or property to which the Purchuer may
be put or subject by yawn of any act, action, neglect, omission or default on the pan of the. Seller, any of his
contracos. or any of the Sellers or contraetow officer, agent or employees. In case any suit or other
proceedings salt be brought agaimr the Purchaser, or it olicers, agents or employees at any lime im aOre. or
by reason of any ect action, neglect, omission or default of the Sella of my of his contrutors or any of its or
their officers, agent, or employees as aforesaid, the Seller hereby agrees to assume the de&we Hereof and to
defend the some at Seller own expense, to pay any and all costs, charges, artameys foes and other expenses,
any and all Indenting Out may be, incurred by or obtained against the Purchaser or any of its or their offers,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon par
obtained against the property ofthe Purchaser, or said parties in or as a result chasten writs or other proceedings,
the Sella will at once cause the same to be dissolved and discargl by giving bond or otherwise. The Sella and
his condmetors shall sake all salary precautions, f ish and imhll all guards necessary for the prevention of
accidents, comply with all laws and regulations will regard W safety including, but without limitation, the
Occupational Safety and Health Act of POLL and all sales and regulations issued pursuant thereto.
Revised 07nO14