HomeMy WebLinkAbout124948 TOP GUN PRESSURE WASHING INC - PURCHASE ORDER - 9150252Fort Collins
Date: 0111312015
PURCHASE ORDER
Vendor: 124948
TOP GUN PRESSURE WASHING INC
500 W 67TH ST
LOVELAND CO 80538
PO Number Page
9150252 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: FACILITIES DIVISION
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 01/13/2015 Buyer: DOUG CLAPP
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
Blanket Order 1 LOT LS 15,000.00
Pressure Washing
cover the cost of miscellaneous cleaning of various
City buildings for fiscal year 2015. All services shall
be made upon request of City Facilities department only.
All completed services must be accompanied by
an invoice or job ticket including contact person
and site location.
This purchase order is for the procurement of goods
and/or services, as needed during the current
fiscal year. Dollar amounts specified are estimates
and not a promise to purchase any minimum amount
of goods and/or services.
2 Blanket Order 1 LOT LS 10,000.00
Pressure Washing - Recreation
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.00m
Total $25,000.00
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. COMMERCIALDETAIIS.
Tax exemptions. By statum Ne City of Fort Collins is exempt from some and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry M-6000587 is registerW with the Collector of
Internal Revenue, Deaver, Colorado (Ref. 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 to Mamih may be returned to you for credit and are not In be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to Me City of Fort Collins inspection on arrival.
Final Acceptance. Receipt of the merchrea ice, services or equipment in response to this order can result in
vuthori ed payment on be pan of de City of Fon Collin. Howeve, it is to bo utdandand der FINAL
ACCEPTANCE is depeMent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments mast be F.O.B., City of Fort Cullins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this order. If FennisslOn is given to prepay freight and charge separately, the original freight
bill naut accompany invoice. Additional charges for pecking will not be accepted.
Shipment Distance. Where manufacturers have distributing Points in various parts of the country, shipment is
expected from the nearest distribution point to destruction, and excess freight will he deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole rest all necessary pemrits, certificaes and licenses "cord by all
applicable laws, caminiom ordinances as roles once state, municipality, territory or political subdivision where
the work is national, or required by my other duly con s irmed public authority ha ing,wisdiction ova Me work
of vendor. Seller further agrees to hold the City of Fort Collins hurmless from card against all habiliry, and loss
incurred by them by mason of an asserted or established violation of any such laws, regulations, ordinances, roles
and requirements.
Authorimtion. All parties to this contract agree that the representatives we, in fact, bone fide and possess full and
complete authority to bind said panics.
LIMITATION OF TERMS. This Purchase Omer expassly limits acceptance to de terms and conditions surd
herein set forth and any supplementary or addidoal terms and conditions annexed hereto or incoryorated herein by
referrnm. Any additional or different terms and corshmom proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immdiately if you canna nuke complete shipment to arrive 0. Your
promised delivery date as noted. Time is ofthe essence. Delivery and performance meat be eRectd within de time
slated on the purchase coda and the documents washed hereto. No mu of the Purchasers including, widow,
limitation, acceptance ofPanial late deliveries, shall operate as a waiver of this provision. In the event of any delay,
,he Purchaser shall have, in addition,a other legal and equitable remedies, the option ofplacing this order elsewhere
and holding the Seller liable for damages However, de Seller Shutt not 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 of. ofGa, etas Fcivil or military eulhonties, governmental priorities fires, strikes, Board, epidemics, wars or
not, provided but notice of the conditions crown, such delay is given m the Purchaser within five (5) days of de
time when the Sella first recrived knowledge thereof In the event of my such delay, the date of delivery shall be
extended for de peed equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller wafanu ,bat all good, articles, materials and work covered by this order will conform with applicable
drawings, specifications, samples .&a, other dewnp0ons given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accomance with accepted standards for work of a
tmilar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the
Purchaser may sufferer incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make
good, without cost to de purchaser, any defects or faults arising within one (1) year or within such longer period of
time as may be prescrix! by lower by the terms of any applicable warranry prodded by de Seller after the date of
acceptance of the goads forestial hereunder(acceptance not to be tuumsoably delayed), resulting from imperfect
or defective weak done or mmerials furnished by de Seller. Acceptance or use of good by be Purchaser shall not
commiute a waiver of any claim under this wammry. Except asoNerwdse provided in cis purchase order, de Sellers
liability hereunder shall extend to all damages proximately cased by Me breach ofany ofthe foregoing warranties
or Enormous, be, such liability shall in no event include loss of profits 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 writer change order.
5. CHANGES IN COMMERCIAL TERMS.
,hePmnlies afar Ilke my o droal ines then erifirmi ran or drswinlegal by �lor w rmar irhaangeo order If an from
qu gray spec gas Y arc i change or y me
change affi cu de amount due or the time of Performance hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at my time by whom change order, twmimre his agreement as m my Or all Portions of the
goods then not shipped, subject to any equitable ajusrmrrt tatowan the parties as to any work or reoteriahs den in
progress provided cat the Purchaser shall not be, liable for my claims for anticipated profits on the uncomplad
portion of the goods and/or work, for incidental or consequential damages, and flat an such adjustment be made in
favor of de Seller with respect o any goo& which are the Sellers standard stock. No such terininmion shall relieve
the Purchaser or the Seller of my of their obligations as to my gouda &I vaed hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within dirty, (30) days from the date the change or termination is
ordinal.
S. COMPLIANCE WITH LAW.
The Sella waromis far all gas& sold hereunder shall have bean produced, sold, delivered and founded d in strict
compliance with all applicable laws and regulations W which the goods are subject The Seller shall execute as
deliver such dacumen¢ as may be requim l to effen Or evidrnce compliance. All laws and regulations rmuiren so be
unimpaired in agreements of this ch after are hereby incorpoaud herein by this reference. The Sella time. to
indemnify and hold the Purchaser harmless from all costs end damages suRered by the Purchasa as a oesult of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither Party shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the
prior wrinen consent of the other party.
10. TITLE.
The Sella wwbdM full, their r a unrestrie ed time in the Purchase for all equipment, materials, as it. fiatidhd
in performance of this agreement, free and clear of my and all liens rammors, resmations, sauriry normal
woumbmncea and claims ofothers.
ILNONWAIVER.
Failtue of the Purchaser toinsist upon inner performance of de termsand conditions hereof, failure or delay to
exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the ever, of a
breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of
any of the worrunties or obligations of this purchase order and shall not be deemed a waiver of any right of the
purchaser to insist upon sma performance hermfor any of its rights or remedies as to any such goo&, regardlrss
of when shipped, received or accep col, as to any prior or subsequent default hereunder, nor shall any pumooed
cal much fication or rescission of this purchase order by be Purchaser operate as a waiver of any of the temp
hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and Be Purchaser recognize that in wool aromatic practice, overcharges resulting from antitrust
violations art in fact home by de Purchaser. Transition, forgoodcause and as considcation for executing this
purchase omen the Seller hereby assigns to In, Purchaser any and all claims it may now have or broader
acquired under federal or state antitrust laws for such overcharges retain, In the Particular goods or services
purchased or acquired by the Purchaser pursuant to this Furchasse order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser duce,, the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and be Seller thereafter indicates its inability or unwillingness W comply. de Purchaser
may cause the work to be performed by the moil expeditors, mesas available b it, end the Seller shall pay all
costs associated with such work
The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any aamre
resulting firm the performance of such work.
This release shall apply even in be event of fault of negligence of Me parry released and shall extend to the
directors, ofrrers and employees of each party.
The Seller's contractual obligations, including warranty, shall not be, deemed to In, reduced, in any way, because
such work is perforated or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, mmerial or profess covered by lamer, a,mL a dicmork
or copyright, the Seller shall indemnity and save harmless the Purchased my net all claims for infringement
by reason of Me use of such patented design, device, mate&I or process in connection with the contract as
shall indemnify the purchaser for any cost, expense or damage which it may h obliged to Pay by reason of such
arbitrament at my time during the prase Lion or after Me completion of the work. In case said equipment, or
any pm thereof or the intended use of de goo&, is in such suit held m constitute infringement and the use of
said equipment or pan is enjoined the Seller shall, at its own expense and at its option, either Fromm for the
Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but
noninfringing equipment, or modify it set it becomes noningHnging.
15. INSOLVENCY.
If de Seller shall become insolvent or bad:mpt, make an assignment for the beret of creditors, appoint a
receive, or name fur any of be Sellers property, or business, this alder ray bothwith be canceled by the
Pucbuer without liability.
16. GOVERNING LAW.
The definition, of term used or be interpretation of de agreement and the rights of all ponies hereunder shall be
comwed under as governed by fe laws of the Sure of Colorado, USA.
The fallowing Additional Conditions apply only In cases where the Seller is In perform work hereunder,
including the services of Sellers Re m renative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is Illy completed and accepted, and shall,
in sass of my accident, deswction or injury, to de work mayor materials before SeLle s final completion tad
acceptance, complete the work at Sellers own expense wall to de satisfaction of the Purchaser. When materials
as equipment are mmdishd by others fur installation Or erection by the Sella, arc Sella shall receive, unlad,
store as nmdlc same at de she and become responsible therefor as dough such matenah stupor equipment
were being fumlshd by be Seller Marla the order.
I S. INSURANCE.
The Seller shall, at his own expense, provide for d, payment of workers compensation, including occupational
disease benefits, m its employees employed on or in connection with de work covered by dos purchase order,
anchor to their dependents in accordance with the laws ofthe state in which the work is to be done. Ile Seller
shall also curry comprehensive genenl liability including, but not limited to, contractual as automobile public
liability insurance with Mtlily injury and Jere limiu of at law 5300,W0 for tiny one pecan, E500,000 Our any
one accident and property damage limit per accident of S4djJ)J)R The Sella shall likewise regain, his
mtndora, if my, to provide for such campeaarion and Lrouncrace. Before my of the Sellers in his contractors
employees shall do my work upon the premises of others, Me Seller shall Hanish the Purchaser with a ttnifcate
der, such compensation and insurance have been provided. Such refificates shall specify de fine when such
compensation via interfce have been provided. Such certificates shall specify the date when such rompers Lion
and iaumnee expires. The Seller agrees that such compensation as insurance shall to, maimained until after de
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumes the entire responsibility and liability for any me dl damage, loss or injury of any kind
or unite whatsoever to persona or property caused by or resulting from the execution ofthe work provided for in
cis purchase order or in connection herewith. The Seller will indemnify and hold hammesss the Purchaser and any
in all of the Purchasers officers, agents and employees from and almost any and all claims, Imses, damages.
charges of expenas, wheeler direr, or i airect, and wheeler to persons or properly In which be Purchaser may
be, pas, or wabjec, by reason of any or, action, rmglat emission or default on the pan of the Seller, my -This
contactor; or any of the Sellers or contractors officers, agents or employees. In case my suit or other
proredic, shall be brought against be Purchaser, or its officers, agms or employees al any time on acrnunt or
by reason of my act, action, nag r n, omission or default of be Seller of any of his contractors or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agmes to assume the defense thereof as to
defend the some at Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses,
any and all judgments that may be incurred by or obtained normal 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 No placed upon or
obtained against de property of be Purchaser, or said ponies in or as a result of such suits or other proceedings,
the Seller will at once wuse the same m be dissolved and discharged by giving boa or otherwise. The Seller and
Fors comactars shall take all safety praamiars, famish and install all guards naessary for be prevention of
accidents, comply with all laws and regulatiars with r,pW m safery including• bur withom limitation, the
Occupational Safety and Health An of 1970 and all roles and regmatiom issued pursuant beano.
Revised (yn()14