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HomeMy WebLinkAbout239190 GARNEY CONSTRUCTION - PURCHASE ORDER - 9106688PURCHASE ORDER PO Number Page City of9106688 1 of 2 ' `t CollinsChis number must appear ' 1on all invoices, packing slips and labels. Date: 12/12/2011 Vendor: 239190 GARNEY CONSTRUCTION 8100 SHAFFER PARKWAY, SUITE 140 LITTLETON Colorado 80127 Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 12/27/2010 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 Reconciliation C.O. 1 LOT EA-1,075.19 Total-$1,075.19 C3. Oi1a:s2� City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-000587 is registered with the Collector of Internal Revenue, Denver, 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 in Transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Fan Collins. Inspection. GOODS arc subject to the City effort Collins inspection on arrival. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions to rcaf, failure or delay to cxcmise any rights or remedies provided herein or by law, failure to pmntptly notify the Seller in the event 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 warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hcrenfor any ofits rights or remedies as to any such goods, rcgardlcse of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase Under by the Purchaser option, as a waiver of any of the terms hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, au lmnirod payment an the pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser mmgniac that in actual economic practice. mcrcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact borne by the Purchase, 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 Terms. Shipments must be F.O.B., City of Fen 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 to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to he agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therea0cr indicates its inability or unwi llingacss to comply, the Purchaser shipments am made fmm greater distance. 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. Permits. Seller shall pmcum at sellers sole cost all necessary 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 performed, or required by any other duly constituted public authority having jurisdiction over the work of c.Udn,. Seller further agrees to hold the City of Fort Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation ofany such laws, regulations, ordinances, rules and requirements. Authorizition. All panics to this contract agree that the representatives are. in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms 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 terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make compldc shipment to arrive an your promised delivery date as noted. Time is ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate ns a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplocing 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 am beyond its reasonable control and without its fault ofnegligence, such acts ofOod, acts ofcivil or military authorities, governmental priorities, fires, strikes, flood, epidemics wars or riots provided that notice of the conditions causine such ddav is given to the Purchaser within five (5) days of the time when the Seller first received knowledge therm( In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wamnty 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 fit 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 form any loss, 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) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable warranty provided by the Seller nRcr the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goad by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except a otherwise provided in this purchase order, the Scllcrs liability hcrerunder shall extend to all damages proximately caused by the breach ofany of the foregoing wmmaties or guarantees, but such liability shall in no Dent include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES 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 terms, other than legal terms. including addition., to or deletions fmm the quantities originally ordered in the specifications or drawings. by verbal or written change order. If any such change affects the amount due or the time of perfomance hereunder. an equitable adjstment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, tcminate this agreement as to any or all portions of the good then not shipped, subject to any equitable adj srmcnt bcwcen the panics as to any work or materials then in progress provided that the Pureli shall not be liable for any claims for anticipated pmlits on the uncompleted portion oflhe goods and/or work, for incidental or consequential damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjuttmenl must be ro wited within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller wamnty that all good sold hereunder shall have been produced, sold delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws 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 from all costs and damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convoy this order, or any monies due or to become due hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr aamnrs full, clearand unrestricted title to the Purchaser far all equipment, materials, and items furnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting Form the performance ofsach work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, of icers and employees ofsach 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 perfomed by the Purchaser. 14. PATENTS. Whenever the Seller is required to Use any design, device, material or process covered by letter, parent, mdemark or copyright, the Seiler shall indemnify and save harmless the Purchaser fmm any and all claims for infringement by reason of the use of such patented design, device, 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 ofsach infringement at any time during the prosecution or after the completion of the work. In case said equipment or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pan 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 same with substantially equal but noninfringing equipment, ormodify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint 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 aftcms used or the interprectmim ofthe agreement and the rights ofall panics hereunder shall be constrood under and govcmed by the laws of the Stale of Colorado, USA. The following Additional Conditions apply only in cams where the Seller is to perform work hereunder. including the sea ices of Sellers Representative(s), on the premises of others. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the some is fully completed and accepted, and shall. in ease, of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of ncc Purchaser. When materials and equipment am furnished by others for installation or creation by the Seller, the Seller shall receive, unload, store and handle same at the site and become respnsible 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 for 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 gencml liability including. but not limited to, contractual and automobile public liability insurance with bMily injury and death hours of at least 5300,000 for any one person, 5500,17N10 for any one accident and Property damage limit per accident of 5400,000. The Seller shall likewise require his contractors. if any, to pmvide for such compensation and insurance. Before any of the Sellers or his contactors employccs shall do any work upon the pmmfses ofmhem, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been presided. Such certificates shall specify the date when such compensation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PRO'rFCT1ON AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury ofany kind or nature wholsoever to persons or property caused by or resulting Fora the execution of the worA provided for in this purchase arderor in connection herewith. The Seller will indemnify and hold homeless the Purchaser and any or all of the Purchasers officers. agents and employees from and against any and all claims, losses, damages. charges or expenses, whether direct or indirect and whether to persons or property to which the Pumhaser may be put or subject by mason of any act action, neglect, omission or default on the pan of the Seller. any of his contractors, or any of the Scllcrs or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its omcca, agents or employccs at any it on account or by reason of any act, action, neglect, omission or default of the Scllcr of any of his contactors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the some at the Sellers own expense, to pay any and all costs, charges, attnmcys fees and other expenses, any and all judgments that may be incurred by or obtained against 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 be placed upon or obtained against the pmperry of the Purchaser, or said panics in or as a result of such suits or other proceedings, the Seller will al once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish 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 Safcryand Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 032010