Loading...
HomeMy WebLinkAbout140637 H2O POWER EQUIPMENT INC - PURCHASE ORDER - 9123730City of �,.F,.�ort Collins Date: 06/29/2012 PURCHASE ORDER Vendor: 140637 H2O POWER EQUIPMENT INC 6057 E 49TH DR COMMERCE CITY Colorado 80022-4510 PO Number Page 9123730 1 of 6 This number must appear on all invoices, packing slips and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 PORTNER ROAD CITY OF FORT COLLINS Colorado Delivery Date: 06/29/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Replacement power washer 1 LOT LS 6,945.00 In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the following Federal clauses apply to this purchase order. 1. NO FEDERAL GOVERNMENT OBLIGATION TO THIRD PARTIES (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. (2) The Contractor agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 2. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS AND RELATED ACTS (1) The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. § 3801 et seq . and U.S. DOT regulations, "Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA-under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 C3. O!tR�sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Electronic Quote Company Name: RJO Quote Number: - / Date: -I" �s- �a Ref: Small Purchase Quote Request THIS IS A PRICE QUOTATION -- NOT AN ORDER Please supply pricing, per attached Scope of Work, as requested below. Respond within THREE WORKING DAYS to: Jeff Brown, Transfort Shop: fax: 970-224-6110 or email: jbrown@fcgov.com Any questions regarding this inquiry should be directed to Jeff Brown, 970-221-6625 Provide pricing on the following Items: Qty Part No. and/or Description Price, each: Is Bidder's Statement: I have read and fully understand all the specifications, and requirements set forth herein. I hereby agree to comply with all said specifications and requirements, as stated'or Implied. By: Title: Print 01 Name: /414L �t I--r MI)lenhOuse_ Phone: Email: Foderal funds will be used for this project. Its addition to the City of Fort Collins Standard Purchase Order Torms and Conditions, the Federal Requiroments listed below will apply to this order. Electronic Quote Company Name: Hotsy Equipment of Northern Colorado Quote Number: Date: May 24, 2012 Ref: Small Purchase Quote Request THIS IS A PRICE QUOTATION -- NOT AN ORDER Please supply pricing, per attached Scope of Work, as requested below. Respond within THREE WORKING DAYS to: Jeff Brown, Transfort Shop: fax: 970-224.6110 or email: jbrown@fcgov.com Any questions regarding this inquiry should be directed to Jeff Brown, 970-221-6625 Provide orlclna on tho tnllnwinn Itgame- Qty Part No. and/or Description Price, each: 1 1260SSG hotsy 4.3GPM @ 3000 PSI $ 7395.00 1 1270SSG hotsy 4.5 GPM @ 4000 PSI $ 6295.00* 1 1280SSG hotsy 5.1 GPM @ 3500 PSI $ 8295.00 send detailed product info on a subsequent e-mail Bidder's Statement: I have read and fully understand all the specifications, and requirements set forth herein. I hereby agree to comply with all said specifications and requirements, as stated or Implied. By: Tony Cassidy Title: Sales Print Name: Tony Cassidy Phone: 970 351-7910 Email: hotsy0hotsywashers com Coll: 303 981-3424 Federal funds will be used for this project. In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the Federal Requirements listed below will apply to this order. Electronic Quote Company Name: Jordan High Pressure Washer Corp Quote Number: j CAJ 12.05.07 Date: May 24, 2012 Ref: Small Purchase Quote Request THIS IS A PRICE QUOTATION -- NOT AN ORDER Please supply pricing, per attached Scope of Work, as requested below. Respond within THREE WORKING DAYS to: Jeff Brown, Transfort Shop: fax: 970-224-6110 or email: ]brown@fcgov.com Any questions regarding this inquiry should be directed to Jeff Brown, 970-221-6625 Provide oricIng on the following Items: Qty Part No. and/or Description Price, each: 1 JSHG6030B $7750.00 Is - The price is net 30 days, FOB Denver, and includes training and commissioning of the machine at 6241 Federal Blvd, Delivery to, and commissioninq at, Fort Collins is an additional $250.0n Bidder's Statement: I have read and fully understand all the specifications, and requirements setforth herein. I hereby agree to comply with all said specifications and requirements, as stated or implied. By: Andrew Jordan Title: President Print Name: Andrew Jordan Phone: 303 426 6800 Email: AndrewOiordanpressu[gLAt shers.com Federal funds will be used for this project. In addition to the City of Fort Collins Standard Purchase Order Terms and Conditions, the Federal Requirements listed below will apply to this order. 1 Company City of Fort Collins Street City Fort: Collins Colorado Attention Steve Lukowski Phone 970 567-7278 (cell) e-mail: slukowskiefeeov.com 1na1�.���(��/��lle�s. c-v►� K HOTSY EQUIPMENT OF NORTHERN COLORADO INC. 101 13TH STREET GREELEY COLORADO 80631 OFFICE (970) 351-7910 FAX (970) 351-6297 TOLL FREE 1 800 607-7910 Ship To Street City Attention Date November 7, 2011 1 12608SG ON engine powered, hotsy pressure washer $ 9085.00 $ 7195.00 4.3 GPM @ 3000 PSI 16 HP Vanguard V-Twin gas engine w I electric start Hotsy tri lex pump w / belt drive 11G fuel tanks ( one for engine / one for burner) (We provide an electric, gas engine fuel purrip We) 50' 2 wire 5000 PSI HP hose / hour meter 3 S.S. color coded sprav nozzles ( 0-15-40 de ee) ( more sees ec sheet) 1 FiQed 200' ca acit 16") hotsy hose reel ( Way reel has a two year no leak warranty) $ 299.00 $199.00 1 ] t}0' 2 wire SC00 PS1 IiP hose (w / d ad r in credit oP supplied 50' hose) 229.00 $ 114.50 a a' Steve, We keep this hotsy in stock. I can coordinate with -Jon Lucero regarding any filters, antifreeze setup, etc. he - may require, as wel I as delivery to kris shop for setup. Tony @ hats 970 351-7910 (shop)303 981-3424 (my cell) Your price w / discount Your Price w / trade in credit of su lied 50' hose Subtotal $ 7508.5U Tax N.A. Frei t .Included Total $ 7508.50 - Notes _ 0 Warranty Summary • 7 YR. hotsy pump: ( Less normal wear items) • Lifetime: Manifold 5YR,: heating coil • 2 YR: gas engine lYR; farts 8c labor Small Purchase of: CONTRACT CHECKLIST FOR SMALL PURCHASES Checklist Item Contract File Comments Location 7) Independent Cost Estimate The City made and documented an - (� independent cost estimate before receipt of proposals. 9) Unreasonable Qualification Requirements �s ' This solicitation did not contain unreasonable requirements placed on firms in order for them to qualify to do business. 11) Organizational Conflict of Interest (OCI) mod' If there is an apparent or potential OCI the solicitation contains provisions to eliminate or mitigate the conflict (e.g. by inserting a clause that prohibits the contractor from competing for the follow-on contract to the current design or research contact) and OCI Certification is submitted by the contractor. 12) Arbitrary Action There was no arbitrary action in the P rd procurement process. (An example of arbitrary action is when award is made to other than the contractor who most satisfied all the City Requirements as specified in the solicitation and as evaluated by staff. 13) Brand Name Restrictions Brand Name or Equal. When it is impractical or uneconomical to provide a clear and accurate description of the technical requirements of the property to be acquired, a "brand name or equal" description may be used to define the performance or other salient characteristics of a specific type of property. The City must identify the salient characteristics of the named brand that offerors must provide. When using a "brand name" specification, the City does not need to reverse -engineer a complicated part to identify precise measurements or specifications in order to describe its salient characteristics. FT A's "Best Practices Procurement Manual," (BPPM) contains additional information on preparation of specifications including examples with —specific language. 14) Geographic Preferences - The solicitation contains no in -State or local geographic preference except where Federal statutes mandate or encourage them. 15) Contract Term Limitation The contract period of performance for rolling stock and replacement parts does not exceed five (5) years inclusive of options without prior written FTA approval. For all other types of contracts, the procurement file contains evidence that the contract term is based on sound business judgment. 23) Price Quotations Price or rate quotations were obtained from 3 an adequate number of qualified sources. 24) Clear, Accurate, and Complete Specification Lj S A complete, adequate, and realistic specification or purchased description was available and included any specifications and pertinent attachments which define the items or services sought in order for the bidder to properly respond. 41 ) Cost or Price Analysis Either a cost analysis or a price analysis was performed and documented. The price was determined to be fair and reasonable. Price reasonableness based on: Price quotations. Previous purchase. Current price list or advertisement. Value Analysis — copy in file. 42) Written Record of Procurement History fs_ The file contains records detailing the history of this procurement. At a minimum, these records include: (1) the rationale for the method of procurement, (2) Selection of contract type, (3) reasons for contractor selection or rejection, and 4 the basis for the contract price. Excluded Parties Search EPS run and include in the file �( Fort Collins PURCHASE ORDER PO Number Page 9123730 2of6 This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 3. ACCESS TO RECORDS AND REPORTS Access to Records - The following access to records requirements apply to this Contract: A. Where the Purchaser is not a State but a local government and is the FTA Recipient or a subgrantee of the FTA Recipient in accordance with 49 C.F.R. 18.36(i), the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 C.F.R. 633.17 to provide the FTA Administrator or his authorized representatives including any PMO Contractor access to Contractor's records and construction sites pertaining to a major capital project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311. B. The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. C. The Contractor agrees to maintain all books, records, accounts and reports required under this contract for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11). D. FTA does not require the inclusion of these requirements in subcontracts. 4. FEDERAL CHANGES Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractors failure to so comply shall constitute a material breach of this contract. 5. TERMINATION a. Termination for Convenience The City may terminate this contract, in whole or in part, at any time by written notice to the Contractor when it is in the Government's best interest. The Contractor shall be paid its costs, including contract close-out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the City to be paid the Contractor. If the Contractor has any property in its possession belonging to the City, the Contractor will account for the same, and dispose of it in the manner the City directs. b. Termination for Default If the Contractor does not deliver supplies in accordance with the contract delivery City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of9123730 3 of 6 `t Collins OI` l I n �+J This number must appear on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the City may terminate this contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the City that the Contractor had an excusable reason for not performing, such as a strike, fire, or flood, events which are not the fault of or are beyond the control of the Contractor, the City, after setting up a new delivery of performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. c. Opportunity to Cure The City in its sole discretion may, in the case of a termination for breach or default, allow the Contractor 30 days in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions If Contractor fails to remedy to The City' s satisfaction the breach or default of any of the terms, covenants, or conditions of this Contract within [ten (10) days) after receipt by Contractor of written notice from the City setting forth the nature of said breach or default, the City shall have the right to terminate the Contract without any further obligation to Contractor. Any such termination for default shall not in any way operate to preclude the City from also pursuing all available remedies against Contractor and its sureties for said breach or default. d. Waiver of Remedies for any Breach In the event that the City elects to waive its remedies for any breach by Contractor of any covenant, term or condition of this Contract, such waiver by the City shall not limit the City's remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. 6. CIVIL RIGHTS REQUIREMENTS Civil Rights - The following requirements apply to the underlying contract: (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue. (2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 s PURCHASE ORDER PO Number Page City Of///���OI Collins 9123730 4 of 6 `t ( V This number must appear " on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age - In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees to refrain from discrimination against present and prospective employees for reason of age. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities - In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties. 7. DISADVANTAGED BUSINESS ENTERPRISE (DBE) a. This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The national goal for participation of Disadvantaged Business Enterprises (DBE) is 10%. The agency's overall goal for DBE participation is 9.9 %. A separate contract goal [has not] been established for this procurement. b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT -assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as City of Fort Collins deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph ( see 49 CFR 26.13(b)). The successful bidder/offeror will be required to report its DBE participation obtained through race -neutral means throughout the period of performance. c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor' s receipt of payment for that work from the City of Fort Collins . In addition, is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor' s work by the City of Fort Collins and contractor' s receipt of the partial retainage payment related to the subcontractor' s work. d. The contractor must promptly notify City of Fort Collins whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of City of Fort Collins. City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 PURCHASE ORDER PO Number Page City Of///��� 9123730 s of s Fort Collins This number must appear ,y`=_J`'' ` on all invoices, packing slips and labels. Line Description Quantity UOM Unit Price Extended Ordered Price 8. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in FTA Circular 4220.1 F, are hereby incorporated by reference. Anything to the contrary herein. notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any City of Fort Collins requests which would cause the City of Fort Collins to be in violation of the FTA terms and conditions. 9. GOVERNMENT -WIDE DEBARMENT AND SUSPENSION (NONPROCUREMENT) This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the contractor is required to verify that none of the contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into. By accepting this purchase order, the vendor or contractor certifies as follows The certification in this clause is a material representation of fact relied upon by the City of Fort Collins. If it is later determined that the bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the City of Fort Collins, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The bidder or proposer agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 10. ENERGY CONSERVATION REQUIREMENTS Energy Conservation - The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. C3. O✓l�:sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, 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 Total Invoice Address: $6,945.00 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 6 of 6 1. COMMERCIALDFTAILS. Tax exemptions. By .statute the City of Pon Collins is exempt from state and local taxes. Our Exemption Number is 11. NONWAIVFR. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failum or delay to Internal Revenue, Dcnvcr, Colorado (Ref. Colorado Revised Statfms 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by last failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design. shall not release the Seller of Goods Rejected, GOODS REJECTED due to failure to meal specifications, either when shipped or due to defects of any of the Anon mics or obligations of this purchase order and shall not be deemed a waiver of arry right of the damage in transit, may be remmcd to ,you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercnfor any of its rights or remedies as to any such goads, regardless instructions fmm the City of Fort Collins. of when shipped, received or accepted, us to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaur npcmte as a waiver of any of the toms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise. scmices or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofnll applicable required inspection Procedures. violations are in fact home by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tcros. Shipments most be F.O.B., City of Fart Collins, 700 Wood St.. Fort Collins, CO 90522. unless acquired under federal or state antitrust laws for .such overcharges relating to the Particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant m this pnrchau order. bill must accompany invoice. Additional charges for puking will not he accepted. Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected fmm the nearest distribution Point to dwincition, and excess freight will be deducted from Invoice when shipments am made fmm greater distance. Permits. Seller shall pmeure at sellers sole cost all ncceouy permits, certificates and licenses required by all applicable laws, regulations. ordinances and rules of the state. municipality, territory or political subdivision where the work is perrfomed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller lumber agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirement. Authorization. All parties to this mnnad agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different tams and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive oa your promised delivery date as noted. Time is of the essence. Delivery and Performance must be effected within the time stated on the purchase order and the document attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial [.ate deliveries shall operate as a waiver of this provision. In the event afire 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 not be liable for damages as a result of delays due to causes not reasonably foreseeable which ate beyond its reasonable control and without its fault ofugligence, such sets of God, acts ofcivil or military authorities, governmental pnoritics, fires, strikes, Bond, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofth, time when the Seller first received knowledge thereof In the event affinity 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 conform with applicable drawings, specifications, samples and/or other descriptions given, will he BI 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 Seller agrees to hold the purchaser harmless from any lass, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) yen r or within such longer period of time as may he prescribed by Inca or by the terms of any applicable warranty provided by the Seller net the date of acceptance of the goods famished hereunder (acceptance not to be uvreasonxbly delayed), resulting fmm imperfect or defective work done ar materials famished by the Seller. Acceptance or use of goods by the Purchaur shall not constitute a waiver ofany claim under this warranty. Except as otherwise presided in this purchase order, the Sellers liability hcnmnder shall extend to all damages proximately caused by the breach ofany of the foregoing aarontics or guamntecs, 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 Purchaur may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaur may make any changes to the rem¢, other than legal rcrms, including additions to or deletions from the quantities aripinally ordered in the specification or drawings, by ena) or written change order. If any such change affects the amount due or the time ofperfomance hereunder. an equitable adjustment shall be made. 6. TERNIINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the grads Then not shipped, subject to any equitable adjustment berscen the Parties as 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 conscqucntial damages, and that na such adjustment he made in favor of the Seller with respect to any goods which are the Sellers standard stock. No such temiriion shall retire, the Purchaser or the Seller ofany ofthcir obligations as to any goads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asened within Ihirty, (30) days farm the date the change or termination is ordered. R. COMPLIANCE WITH LAW. The Seller wamnts that all galls 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 nr evidence compliance. All laws and regulation., 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 fmm all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the poor wrimco consent of the other party. 10. TITLE. The Seller wamnts fall, clear and unrestricted title to the Purchaur far all equipment, materials. and items finished in Performance of this agreement free and clear of any and all liens, restrictions, mscrntions, security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaserdircot the Seller to correct nonconfnming or defective goods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller therea Mr 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 Scllcr shall pay all costs associated with such wink. The Seller shall release the Purchaur and its continuous of any tier fmm all liability and claims of anv nature resulting from the Performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees ofsuch Party. The Seller's contractual obligations, including wamnty, 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. Whenever the Seller is required to use any design, device, material or proces covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hamless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, davicc, 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 ofsuch infringement at any time daring the prosecution or after the completion of the work. In caw said equipment, or any part thereof or the intended use of the goads, is in such snit held to constitute in0ingcmcat and the use of said equipment or pan is eninined. the Seller shall, at its own expense and at its option, either procure for the Purchaur the right to continue using said equipment or parts, replace the same with substantially equal but nonieffinging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoim a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftems used or the interpretation ofthc agreement and the rights of all parties hereunder shall be construed offerings] governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in taus where the Seller is to perform work hereunder. including the services of Scllcrs Reprcscntative(s). on the premises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the lime is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work andlor materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfaction ofthe Purchaser. When materials and equipment am fumishcd by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle came at the site and became tespnnsible themfor 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 for the payment ofw'orkcm eompensztinn, including occupational disease benefits. to its employees employed on of in connection with the work cavered by this purchase nrdcr. 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, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,006 for any one person. S500.001) for any one accident and property damage limit per accident of S400,000. 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 ofothcrs, the Seller shall famish the Purchaser with a ecnificate that such compensation and insurance have been provided, Such certificates shall specify the date when such compensation and insurance have been provided. Such eani0eates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurnncc shall be mnindi,ed until aficr the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire resransibiliry and liability for any and all damage. Inc, or injury fany kind or nature whatsoever to persons or property caused by or resulting fmm the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser and any or all of the Purchasers officers, agents and employees hung and against any and all claims, losses, damages, charges or expenses, whether direct or inducer, sad whether to persons or propmy to which the Purchaser may be put or subject by reason of any act action, neglect, omission or default on the pan of the Seller, any of his contractors, 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 contractors or any of its or their officers, agents of employees as aforesaid the Seller hereby agrees to assume the defense thcour 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 income l by or obtained against the Purchaser or any of it or their officers. agents or employees in such suits or other proceedings, and in ease judgment or other lien he placed upon or obtained against the property of the Purchaser. or said parties in max a result ofsuch suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, furnish and install all guards necessity for the pmcntion of accidents. comply with all Imes and regulations with regard to safety, including, but without limitation, the Occupational Safety and Health Act of 1970 and all mlce and regulations issued pursuant theme. Revised 03/2010 ° lz3 7C:�6 May, 2012 Independent Cost Estimate Scope of work was written for a replacement High Pressure Washer for the replacement of a 12 year old worn out, beyond cost effective repair unit A2608 that was purchased in 2000. Quotes were solicited from three Vendors. Jordan Pressure Washer Corp. $ 7750.00 Hotsy Equipment of Northern Colorado $ 8295.00 H2O Power Equipment $ 6945.00 Price Analysis H2O price is lowest and the High Pressure Washer will be purchased from them. Based on our own estimate and other quotes, the H2O Power Equipment price is fair and reasonable. ELPS ,1-120 Power Equipment and Landa search done documents attached Excluded Parties List System Search • Current Exclusions EPLS Search Results-1 Resources > Advanced Search > Mulllple Names > Exact Name and SSNMN • MyEPLS > Recent Updates > Browse AD Records View Cause and Treatment Code Descriptions > Reciprocal Codas • Procurement Codes • Nonprocurement Codes Agency &Acronym Information • Agenaj Contacts > Agency Descriptions > Stale/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY • Debar Maintenance > Administration > Upload Login Search Results for Parties Excluded by Firm, Entity, or Vessel: H2O power Equipment As of 30.May-2012 6:10 PM EDT Save to MyEPLS Your search returned no results. Back Now Search Page 1 of 1 > Search Help •Advanced Search Tips • Public User's Manual > FAD • Acronyms • Privacy Act Provisions • News > System for Award Management (SAM) Reports >Advanced Report-, >Recent Updates > Dashboard Archlvo Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk littps://www,epls.gov/epls/searGh.do 5/30/2012 Excljuled Parties List System Page 1 of I Search - Current Exclusions > Advanced Search > Multiple Names > Exact Name and SSN1TIN > MyE PLS > Recent Updates > Browse All Records View Cause and Treatment Code Descriptions > Reciprocal Codes > Procurement Codes > Nonprocuremenl Codes Agency &Acronym Information >Agency Contacts >Agency Descripiions > Stale/Country Code Descriptions OFFICIAL GOVERNMENT USE ONLY > Debar Maintenance > Admirustmtlon > Upload Login https:,'/www.cpls.gcv/eplslsearch.do Search Results for Parties Excluded by Firm, Entity, or Vessel : Lands As of 30-May-2012 5:03 PM EDT Save to MyEPLS Your search returned no results. Back New Search Printer•Frlondly Resources > Search Help > Advanced Search Tlps > Public User's Manual >FAQ > Acronyms > Privacy Act Provisions > News > System for Award Management (SAM) Reports >Advanced Reports > Recent Updates > Dashboard Archive Search - Past Exclusions > Advanced Archive Search > Multiple Names > Recent Updates > Browse All Records Contact Information > For Help: Federal Service Desk 5/30/2012 E