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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9111615City of /OVNF6rt Collins Date: 02/09/2012 Vendor: 166269 GARNEY CO INC 7911 SHAFFER PKWY LITTLETON Colorado 80127 PURCHASE ORDER PO Number Page 9111615 t of This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 03/18/2011 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 C.O. Glenmoor Pond Haul 1 LOT EA-453,869.63 Total-$453,869.63 Rcx� 2. ovu:ae� 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 Purchase Ordcr Terms and Conditions Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions By statute the City of Fort Collins is exempt boom state and local tales. Our Exemption Number is 11. NONWAIVER. 98-04562. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure ofthe Purchaser to insist upon strict performance ofthe tarts and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chaptcr 39-26, 114 (n). exercise any rights or rcmedies provided herein or by law, failure to promptly notify the Seller in the event of n breach, the acceptance ofor payment far goods h ereunder cr approval ofthe design. shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to melt specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be clamed a waiver ofany right ofthe damage in transit, may be returned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfnrmance hocof orany of its rights or rcmedies as loan goods. y such gds. regardless insulations from the City of Fort Collins, of when .shipped, received or accepted, as to any prior or subsequent default hoarder, nor shall nny purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any Of the tells Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the part of the City of Fort Collins. However, it is to he understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection p occdums. violations arc in fact born, by the Purchaser. Theretofore, for good cmvc 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 Word St.. Fort Collins. CO 90522. unless acquired under federal or state antitrust Imes 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 menu Gcturcrs 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 dntc to he agreed upon by the expected form the nearest distribution point to destination, and excess freight will be deducted from Invoice when Parchwer and the SCIla, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs wwa ted With such work. Permits. Seller shall procure at sellers sole cost ell necessary permits, catificaes and licenses required by all applicable laws regulations ordinances and mics ofthe state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority havingjnrisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless form and against all liability and loss incurred by them by reason Man asserted or established violation of any such laws, regulations, ordinances. mics and requirements, Authorization. All parties 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 tent, and conditions stated heroin set forth and any supplementary or additional terms and conditions annexed herein or incorporated herein by reference. Any additional or diffai nt terms and conditions preposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence Deliver and perfor mane most 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 late deliveries, shall operate as a waiver of this prevision. In the event crony delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option off lacing this order elsewhere and holding the Seller liable for damages. Hosva. the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, acts ofcivil or military authorities, governmental priorities, fires, strikes. Rood, 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 rcaciaed knowledge thereof. In the event of tiny such delay, the date of delivery shall he extended for the period equal to the time actually lust by reason of the delay. i. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples aid/or other descriptions given, will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature. The Seller agrees in bold the purchaser harmless from any loss. damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good. without cast to the purchaser, any dermas or fault, arising within one (1) year or within such longer period of time as may be prescribed by Iry or by the terms crony applicable warmnry provided by the Seller offer the date of acceptance ofthe goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done Or materials famished by the Scllcr. Acceptance or use of goods by the Purchaser shall not constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages pmximately caused by the breach of any ofthe foregoing wamntics or guamatecs, but such liability shall in no event include loss ofprmfits 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 more; by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms. other than legal terms, including additions to or deletions from the gramin,, nriginnlly Ordered in the specifications or drawings, by verbal or ..aitten elange order. If any such change affcch the amount due or the time ofl,af r ance hereunder. an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order. terminate this agreement as to any or all Portions of the goods then not shipped, subject to any equitable adjustment bdwan the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfils on the uncompleted portion of the gods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which arc the Scllcrs standard stuck. No such termination shall relieve the Purchaser or the Seller crony of their obligations as to any gaols delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date the change or termination is ordcmd. 8. COMPLIANCE WITH LAW. The Seller warrants that all good; sold hereunder shall have been produced. sold, delivered and furnished 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 he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Sella 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 party shall assign, transfer, or convey this order, or any monies due or to become duc hereunder without the prior wrMen consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted tide to the Pamhawr for all equipment materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, reservations, security interest cncumbmnces and claims ofothcrs. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, otffcas and employees of such party. The Seller's contractual obligations, including warranty, shall not be dc,med to be reduced, in any way, because such work is performed or caused in be performed by the Purchaser. 14. PATENTS. R'henever the Seller is required to use any design, device, material or process covered by letter. patent trademark or copyright, the Seller shall indemnify and save hnmiless the Purchaser from 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 indenmi fy the Purchaser for any cost expense or damage which it may be obliged to pay by reason of such infringement at any time during the persecution or after the completion of the work. In case said equipment, or any pan thcrcof 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 man expense and at its Option, either placate for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but nnninfringing equipment, Or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Sella shall became insolvent Or bankrupt make an assignment for the benefit of creditors, appoint a remover or lower for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser Without liability. 16. GOVERNING LAW. The definitions oftemis used or the interpretation ofthc agreement and the rights of all parties hereunder shall be coastmed under and governed by the laws ofthe State of Colomdo. USA. The following Additine.1 Conditions apply only in cases where the Seller is to Pcrfomm work hereunder. including the services of Sellers Rcprescntativas), on the premises ofothcrs. 17. SELLERS RESPONSIBILITY, The Scllcr shall tarty 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 Seller's final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc garnished by others for installation or erection by the Seller, the Seller shall receive, nalead. store and hand], same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 19. 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 general liability including, but not limited to, contraemal and automobile public liability insuranee with hodily injury and death limits of nt least S300,000 for any one person, S500.000 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 ofothers, the Seller shall famish the Purchaser With a certificate that such compensation and insurance have ban provided. Such certificates shall specify the date when such compensation and insurance have ban provided. Stich certificates shall specify the 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 aid liability for any and all damage. loss or injury ofany kind or nature whosoever to persons or Pmpeny caused by or resulting from the excalion of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers officers, agents and employers fmnr and against any and all claims, losses, damages, charges or expenses, whether direct or indirect and Whether to persons or property 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 offers, agents or employees. In case any snit or other pocadings shall be brought against the Purchaser, or its officers, agents or employes at any time on account or by reason Of any ad, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid. the Seller hereby agrees to arc umc the defense thereof and to defend the same at the Scllcrs Own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be manned by or obtained against the Purchaser or any of its or their officers. agents or employees in such suits or other proceedings, and in cast judgment or other lien be placed upon or obtained against the property of the Purchaser, or said panics in Or as o result Of such suits or other proceedings, the Seller will at Once cause the same to he dissolved and discharged by giving bond or Otherwise. The 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 limitation, the Occupational Safety and Health Act of 1970 and all mics and regulations issued pursuant thereto. Revised 03/2010