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HomeMy WebLinkAbout532636 LIQUID IMPACT WATER JET LLC - PURCHASE ORDER - 3215037PO PURCHASE ORDER 321503er Page C117/ of PURCHASE 3215037 1 of z F6r} Collins This number must appear ,�J`' ` ` , 1 on all invoices, packing sli s and labels. Date: 01/02/2015 Vendor: 532636 LIQUID IMPACT WATER JET LLC 2825 SAGEBRUSH DR FORT COLLINS CO 80524 Delivery Date: 01/02/2015 Ship To: TRAFFIC OPERATIONS CITY OF FORT COLLINS 626 LINDEN STREET FORT COLLINS CO 80524 Note: Line Description Quantity UOM Unit Price Extended Ordered Price Sign Supplies 1 LOT LS 5,000.00 Annual Total Pay terms net 30 days Kt Invoice Address: 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCLV.DETAILS. Tax exemptions. By swum he City of Fort Collins is exempt from state and local man. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption CMificam of Registry 84-6000587 is registered wish the Collector of Failure of the Purolator to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colombo Revised Saturn 1973, Chapter 39-26,114 (a). exemise any rights or remedies provided herein or by law, failure to promptly nofify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not redeem the Seller of Goads Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due It, defects of anY of the warranties or obligations of this purehaxe order and shall not be deemN a waiver of any right of the damage in transit, may he taunted m you far road and are not an be replaced except upon receipt of wrinen Purchaser he insist upon strict performance hoomfor any of its rights or comedies an to any such Roods, regardless immcuom from the City of Fort Collins. of when shipped, received or accepted, ss to any prior or subsequent default hammda, nor shall any purported oral modification m scission of this purchase order by Oa, Purhmer operate in a waiver of my of the or. Inspection. GOODS m, subject to the City of Fort Collins inspation on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in spore to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. amhorimd payment oa the pm of the City of Fort Collins. However, it is to be understood that FINAL Seller and to Purchaser recognize that in actual a is practice, o ereharges resulting from antitrvst ACCEPTANCE is dependent upon completion of all applicable required inspection prwedures. violations are in f m t hoe by the Purchada. Theretofore, far good cause and as extraidemtion for executing this purchase order, the Sella hereby assigns to the Pmchuwr any and all claims it may now have or hereafter Freight Temu. Shipments most be F.O.R., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal or state antitmst laws for such overcharges relating to the particular goods or servim othewise specified an this order. Histaminic. is given to prepay freight and charge separately, the i ngirel freight purchased or acquired by the Purchaser pursuant to this Purchase order. bill muss accomem, invoice Additional chmues for oackiha will err be arcmred. Shipment Distance. Where manufacturers have distributing points in vmance parts of the country, shipment is almon l form the nets, distribution poinua downtown, aid excess freight will be daductN form Invoice when shipments are made from greater distance. Permits. Sella shall procure at sellers sole cost all necessary .emus, anificdes and license required by all applicable laws, regulations, ordinances and ales ofthe state, municipality, ancient, or political subdivision where the work is performed, or required by any other duly amounted public authority havingjurisdiction over the work of vender. Sella further agrees to hold the City of Fort Collins batmleas fmm and against all liability and tom incurred by that by reason of m asserted or amblishN violation ofaw such laws, reguladotrs, ordinances, ales and regdrements. Audionsstion. All parties he this contract agree that the repeexnutives are, in fur, ham fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order apresly limits acceptance to the arms and conditions stated herein set forth and any supplementary or additional terra and conditions annexed had. or incorporated herein by reference. Any additional or different terms and conditions proposed by seller we objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately tryout cannot make complete shipment to anive on your Promised delivery date as noted. Time is of the essence. Delivery and pert once must h offered within the time awed on the purchase order had the documents muched berme. No sots of the Purchasers includin& withour limitation, acceptance ofpmial late delivmq shall epetare m a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option cf placing this order elsewhere and holding the Sella liable for damega. However, to Sella stall not be liable far damages as a suit of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such sets of God, acts ofcivil or military mthoritia, govemmenml pnonrim. fires mikes flood, epidemics, wars or rims provided that notice of the conditions reusing such delay is given to the Purchase, within five (5) Joys of the ,into when the Sella firs. received knowledge thereof. In the event of any such delay, the date of delivery shall h extended for the period equal to the time normally lost by reason ofthe delay. 3. WARRANTY. The Sella watrmm that all goods, articles, mmcria s and work covered by this arda will confom wit ..pliable drawings, specifications, mmpin earlier other descriptions given, will be fit for the parlance, intended, out performed with the highest degree of care and competence in mwrdence with accepted standards for work of a similar retue. The Seller agrees to hold the purchaser harmless from any loss, damage a expense which the Purchaser may suffer or incur on ancount of the Sellers breach of wanznry. The Seller shall replace, repair or make good, without cast to the purchaser, any defects or faults maing within one (1) year or within such longer Fmod of time as may be pscnbed by law or by the terms ofany applicable warranty provided by Ore Sella after the dam of corporate of the goods famished hereuMer (mcepreme Out b be umcasowbly delayed), resulting fmm imperlat or defective work doe an mderiaB fumahed by the Seller. Annoweace or sue of good by me Purchaser shall not emfimte a wuverof any claim anchor Otis warranty. Except m otherwise provided in Nis purchase order the Sellers liability hereunder shall extend to all damages proximately caused by the breach infirm, of We foregoing wamati e or guamnrms, but such liability shall in ante event iulwo, loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. no Pumhssa may make changes 0 imad terms by written change order 5. CHANGES INCOMMERCIJ,L TERMS. The Puehazer may make any cbanga m Ne term, other Jun legal emu, including odds o w ro or khotions, fmm the quantifies migiwlly ordeal in the specifications or dwivgx, by virtual or written change order. If any such change aliens the amourd due Or the time ofi erfommce hereunder, an equitable adjustment shut be made. 6. TERMINATIONS, The Purchmer may at any time by written change mdea terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties n to any work or materials then in progress provided our the Purchaser shall not he liable for any claims for anticipated profits on the uncompleted .anion of the good and/or work, for incidental ar comegmntial damages, and that no such adjustment be made N favor of the Seller with sped to any goods which are the Sellers standard stock. No such teminauon shall relieve the Pmchuar or the Sella of any oftheir obligations ss to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. A, claim for edjmtmonr most be comi within thing (30) dye from the date the change or temrinnim is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in stria compliance with all applicable laws and regulations to which the goods am subject. The Sella shall execute and deliver such documents as may be required to eft t or evidenn compliance. All laws and regulations required to be incorporated in agreements of this chaaner eta hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser bamles farm all costs end damages suffeaned by the Purchases as a mull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, no convey this order, or any monies due or to become due hereunder without the prior written consort of the order parry. 10. TITLE. The Sella waman full, clam road umnvined title to the Purchser for dl equipment, mamande, and items Resulted in performance of this agraomm. Iron aM oleo of my and OR Item, rtso-ictlorts, eamntlom, mainly interest eacumbrmca ard claims ofoNers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Sella to emteat nammnfomring or defective goods by a date to be agreed upon by the Purchase, and the Sella, and the Sella thereafter indicate, its inability or unwillingness to comply, the Purchases may cause the work to be In rtormW by the mast expeditious mean available to it, and the Seller shall pay all costs associated with such woh. The Sella shall ruleme the Purchaser and its contractors of any tier from all liability and claims of any nature resulting form to Mi... ofsuch work. This release shall apply even in race event of fault of negligence of the party released and shall extend to rise dvectms, often, and employees ofsuh party. The Sellers contructual obligations, including warrenry, shall not be demand to he ruler d, in any way, because such work is performed Or reused m be performed by the Pumhssa. 14. PATENTS. Whenever the Seller is na dond to use any design, device, tremoral m process covered by letter, parent, trademark or copyright, the Seller shall indemnify and save harmless the Pumhmer from any and all claims for infringement by ounce of the use of such atenmd design, device, material or protein in com on= with the contract, and shall indemnify the Pumbaxr for my cost, expense or damage which it trey be obliged to pay by rerson ofsuch infirm arman many time during the persecution or after the completion of the work. In case said equipment or any pan thereof an the intended use of the goods, is in such suit held to corssdmm infringement and to use of said equipment or No is joined, the Sella shall, in its own expense and at its option, either pmcum for the Purchaser the right to continue using said equipment or purrs, replan the more with substantially acual bur noninfnnging equipment, or modify it w it becomes noninfn'nging. I S. INSOLVENCY. If the Seller shall become insah'ent or badmpt, make an assignment for the benefit of cord om. appoint a receiver or trustee for any of the Sellers property or humes , this order may forthwith be canceled by the Pmchssa without liability. 16, GOVERNING LAW. The definitions oft. used or the interyrtmtion of the agreement eed the rights ofall panic hereunder shall be wmmed under and governed by rho laws ofthe Sure ofColoado, USA. The following Additional Cauatitions apply only in cases where the Sella is to perform work hereunder, including the services of Sellers Reprexntativas), on the premises citation, IT. SELLERS RESPONSIBILITY. The Sella shall eery on said work at Sellers owes risk.61 the come is fully completed and accepted and shall, in cause of any accident, destruction or injury an the work and/or saanai, before Sellers final completion sad acceprmn, complete da, work to Sellers own expeme and to the satisfaction of 0e, Purchaser. When tmrerian what gm,no nt am fie nahal by m1m. for insullanon or water by the Sella, the Sella shall receive unlak store and handle more at the site and become spoosible therefor in though such warrants mYor aryip rent came being furnished by the Sella under to oWa. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment aworkers compauatim, including occupational disease benefits, to its employees employed on or in animation wit the work coverts by this purchase order, earner a their depeedents in accordance with the laws of the stare in which she work is to be done. The Seller shall also carry mmprehencive general liability including, but cot limited It,, commercial and autoawbile Public liability imitation., with bodily injury and lord limits Of at less, 5300,000 far my eoe Pavan, 5500 (XXg far my com accident and property damage limit per accident of 5400.000. The Seller shall likewise examine his contactors, if any, to provide for such compensation and insurance. Before any of the Sellers a his contcumrs employees shall do any work upon the promises of others, the Seller shall famish the Purchaser with a cenifrcate that such compensation and insurance have bun provided. Such certificates shall specify the date when such hmpemation and insurance have been provided. Such cntificma shall specify the dam when such compematim and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work u completed and! accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby... NC entire rapmuibilily cord liability far my and d1 ratinge, loss Or injury of any kind r nature whauaver he imc om a property erased by or resulting fmm Ore exeenriw ofthe work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold hamleas the Purchaser rand any or till of the Purchasers officers, .gents and employes fmm and against any and dl claims, loses, raccoon, charges or expenses, whether direct or indirect, and whether to peons or property to which the Purchaser nay be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, my of his contactors, or any of the Sellers or contractors once, agents or employees. In cax my suit or other proceedings shall be brought against to Purchaser, w its officers, agents or employers at my time on recount or by reason of my ant, urine arguer, omission or default ofthe Sella of any of his commcors or my of irs or thew officers, agents or employees in afinemid the Sella hereby Man, in assure to defame thereof and to defend the same et Oa, Sellers own expanse, to pay any sand all writs, charges, wromeys fees and order expenses, any and all judgments Oat may be incurred by or obtained Moimt to Parchow n my of its or their once, agents or employees in such suits or other proceedings, and in case judgment n other him be placed upon at obtained against the property ofthe Purchaer, or said ponies in in as a rain? ofsuch suits or other proceedings, he Seller will at once cause the sore to be dissolved and discharged by giving bond or otherwise. The Seller and his contactors shall take all safety precautions, fiunish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all ales and regulations issued pursuer thereto. Revised 07n014