HomeMy WebLinkAbout441289 AMERICAN POWER WASH - PURCHASE ORDER - 9955934Date: 10/1 /2009
City of
/0',ort Collins
Page Number: 1
Purchase Order Number: 9955934
Delivery Date: 10/1/2009 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT
2009 Street Maintenance
Per Inv. #70074
Work Order #ENG-Power Wash 09-001.
City of Fort CYffinDirector of Purchasing and Risk Management
This order is ftValicl over $5000 unless signed by James B. O'Neill 11, CPPO
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
18,205.50
Total $18,205.50
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. 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 failu a to meet specifications, either when shipped or due to defects of
damage in transit, may be returned to you for credit and at not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Foil Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in aphorized
payment on the pail of the City of Foil Collins. However. it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of Foil Collins. 700 Wood St., Fort Collins. CO 80522, unless
otherwise specified on this order. I f permission is given to prepay freight and charge separately, the original freight bill
must accompany invoice. Additional charges for packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts of the Cunuy, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted ti}ont Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, cetlificates and licenses required by all applicable
laws, regulations, ordinances and rules ofthe state, municipality, territory or political subdivision where the work is
perforated, of required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Pon Collins harmless from and against all liability and loss incun ed by them by
reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements.
Authorization. All panes to this contract agree that the representatives are, in fhet, bona fide and possess full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein
set forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference.
Any additional or different tetras and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot stake complete shipment to arrive on your
promised delivery date as noted. Time is ofthe essence. Delivery and perfonnance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance of parial late deliveries, shall operate as a waiver of this provision. In the event of aay delay, date
Purchaser shall have, fit addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of belays due to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such lets
of God, acts of civil or military authorities, governmental -priorities, fires, strikes, flood, 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 orally such delay, the date of delivery shall be extended
for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will confirm with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, anti perlitntntl
with the highest degree of care and competence in accordance with accepted standards for work of a similar mit e.
The Seller agrees to hold the purchaser hamless from any loss, damage or expense which the Purchaser nary suffer or
incur on account ofthe Sellers breach of warranty. The Seller shall replace. repair or make good, without cost to date
purchaser, any defects or faults arising within one( 1) year or within such longer period of time as nnay be prescribed by
law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods
furnished hereunder (acceptance not to be unreasonably delayed), resulting front imperfect or defective work done or
materials fin-nished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally
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 Ioregoing warauies or guarantees, 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 make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terns, other than legal tents, including additions to or deletions front the
quantities originally ordered in the specifications or drawings, by verbal or written change order. Iran), such change
affects the amount due or the time of performance hereunder. an equitable adjustment shall be made.
G. TERMINATIONS.
The Purchaser may at anytime by written change order, terminate this agreement as to any or all portions ofthe goods
then not shipped, subject to any equitable adjustment between the partiesas 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 ofthe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, 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 of evidence compliance. All haws 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 harmless fi-onn all costs and damages su Bored by the Purchaser as a result ofthe
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXV I I I ofthe Colorado Constitution ("Article XX V I I I"). then the provisions of Sect ion 15 of Article XX V I I I
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) of Ailicle XXV I I I intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole Source government contract, or
public employment with the state of Colorado or any of its political subdivisions. f tr three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any mnumies Clue or to become due hereunder without the
prior written consent of the other party.
10- TITLf_.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in
perforniance of this agreement, free and clear of any and all liens, restrictions. reservations, security interest
encumbrances and claims of others.
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 a breach,
the acceptance of or payment fv goods hereunder or approval of the design, shall not release the Seller of any ofthe
warranties or obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist
upon strict perfonnance hereof or any of its rights m remedies as to any such goods. regardless of when shipped,
received or accepted, as to any prior or subsequent default hereunder, not shall any puJxnled oral modification or
rescission of this purchase order by the Purchaser operate as a waiver orally ofthe terns hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting fionn antitrust violations are
in fact borne by the Iurchaser.']'heretofore, for good cause and as consideration for executing this purchase order, the
Seller barely assigns to the 11urchnser any and all claims it may now have or hereafter acquired under federal or state
antiurtst Imes liv such overcharges relating to the particular goods orservices purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter 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 costs
associated with such work.
The Seller shall release the Purchaser and its contractors of any tier fiom all liability and claims of any nature resulting
firm the pet fonnance of such work.
This release shall apply even in the event of fault of negligence ofthe petty released and shall extend to the directors,
officers and employees of such party.
The Seller's contractual obligations. including warranty, shall not be deemed to be 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, material or process covered by letter, patent. trademark or
copyright. the Seller shall indemnity and save hamless the Purchaser from any and all claims for infiingennent by reason
ofthe use ofsuch patented design, device, material or process in connection with the contract, and shall indemnify the
Purchaser fin any cost, expense m damage which it may be obliged to pay by reason of such infringement at anytime
during the prosecution or after the completion ofthe work. In case said equipment, or any pail thereafor the intended
use of the goods, is in such suit held to constitute infringement and the use of said equipment or pail 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 pans. replace the saute with substantially equal but non -infringing equipment, or modify it so it becomes
non -in fi inging.
15. INSOLVENCY.
I f the Seller shall become insolvent or bankrupt, make an assignntent for the benefit of aeditors, appoint a receiver or
trustee fbr any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
to GOVERNING LAW.
The definitions of teens used or the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colomdo. USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s). on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shill c:u'ry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case
of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance,
ontplete the work at Seller's own expense and to the satisf notion of the Purchaser. When materials and equipment arc
furnished 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 furnished by the Seller
under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide far 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, and/or to their
dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not limited to, contactual and automobile public liabilityinsurance with
bodily injury and death limits ofit least $300,000 for any one person. $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 ofthe Sellers or his contractors employees shall do any work upon the
premises of others, the Seller shall furnish the Purchaser with a cenificate that such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify (lie date when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons or property caused by or resulting Goa the execution ofthe work provided for in this
purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any oral] of
the Purchasers oficers, agents and employees front and against any and all claims, losses, damages, charges or
expenses, whelhei direct or indirect, and whether to persons or properly to which the Purchaser stay be put or subject
by reason of any act, action, neglect, omission or default on the pail ofthe Seller, any ofhis contractors, orany ofthe
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 tinne on account or by reason of any act, action, neglect, omission
Lit default ofthe Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the
Seller hereby ā¯‘grees 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 alljudgments that maybe incurred by or obtained against
the Purchaser or ally of its or their officers, agents of employees in such suits or other proceedings, and in case
judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result
ofsuch suits orother proceedings. the Seller will at once cause the same to be dissolved and discharged bygivingtond
or otherwise. lire Seller and his contractors shall take all safety precautions, furnish and install all guards necessary for
the prevention of accidents, comply with all laws and regulations with regard to safety including, but without
limmitation. the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009