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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9121245City of wort Collins Date: 03/05/2012 Vendor: 166269 GARNEY CO INC 7911 SHAFFER PKWY LITTLETON Colorado 80127 PURCHASE ORDER PO Number Page 9121245 'oft 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: 03/03/2012 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price I CIPO Work Order #17 Glenmoor 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 1 LOT EA 242,295.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Order Tenus and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt form state and local taxes. Our Exemption Number is I I. NONWAIVER. 9941,1502. FedmI Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure ofthe Purchaser 10 insist upon strict performance ofthe terns and conditions hoof, failure or delay in Internal Revenue, Denver, Colorado (Ref Colorado Revised Stm cs 1973. Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by lw, 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 rcica,e the Seller Of Goods Rejected. GOODS REIECTED due to failure to meet .specifications. either when shipped or due to defects of any of the war antic, or Obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit. may be returned to you For credit and arc not to he replaced except upon receipt Of written pumhaSer to insist upon strict performance bercofor any of its rights of remedies as to any such goods, regardless in,manwo, form the City of Fon Collins. of when shipped, received or accepted. as to any prior Of subsequent default hereunder, nor shall any purported Oral modification or rescission of this purchase artier by the Purchnscr mucur a as a waiver of may of the tarns Inspection. GOODS arc subject to the City effort Collins inspection on arrival. hcmuf. Final Acceptance. Receipt of the merchandise. .cervices 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. 1lowevcr, 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 ofall applicable required inspection procedures. situations arc in fact borne by the Purchaser. Theretofore. For good cause and as mn,idemrion for excaaing this purchase order. the Seller hereby assigns to the Purchnscr may and all claims it may now hnvc or hercaOm Freight Tanis. Shipments must be F.O.B.. City of Fort Collins, 7M Nod St.. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such mcfchages relating to the particular goods or services otherwise specified on this Order. Upermission is given to prepay freight and charge separately, the original freight parchascd cr acquired by the Purchaser pursuant to this purchase order. bill must accompany imoicc. Additional charges for packing will not he accepted. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and gages freight will be deducted from Invoice when shipments arc made from gmater distance. Pemits. Seller shall ptrcurc at sellers sole cost all necessary pcmit, certificates and licenses required by all applicable laws, regulations. ordinances and talcs 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 vendor. Scllcr further agrees to hold the City of Fon Collins harmless from and against all liability and loss incurred by them by reason of on asserted or established vinlation of any such Ines, regulations, ordinances, odes and rcquircmcnts. Amhorizalinn. All panics to this contract agree that the represcnratives arc, in fact, bona fide and POP\Cs full and complete aulhnrity to bind said panics. LIMITATION OF TERMS. This Purchase Ouler expressly limits acceptance to the terms and conditions stated hcrcin set fnrth and nay supplementary or additional tans and conditions annexed hereto or incorporated herein by reference. Any additional or different toms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yet. cannot make complete shipment to .amrc on your prOmiscd delivery date as noted. Time is ofthe cuencc. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hercto. No acts of the Purchasers ire] ling, without limitation, acceptance of partial Inc deliveries. shall opemtc as a waiver of this provision. In the went of any delay, the Purchnscr shall have, in addition to Other legal and equitable remedies. the option ofplacing this ntdcr elsewhere and holding the Seiler liable for damages. Hoarser. the Seiler shall not be liable for damages as a result of delays doe to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of ChM, any of civil or military authorities. governmental priorities, fires, strikes. food, epidemics, wits or riots provided that notice of the conditions causing such delay i.e. given to the Purchawr within fve (5) days of the time when the Seller first received knowledge thereof 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 ofthe delay. 3. WARRANTY. The Seller w:imnu that all goods, articles, materials and work covered by this Order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of vac and competence in accordance with accepted stamtards for work of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sclicrs breach ofwarranty. The Scllcr shall replace, repair or make good, without east to the penclowq any defects or faults arising within are (1) year Or within such longer period! of time as may be prescribed by law or by the terms ofany nn pplieable warn provided by the Scllcr after the date Of acceptance ofthe good famished hereunder (acceptance not to he unreasonably delayed). resulting Imo imperfect or defective work done or materials fumishcd by the Seller. Acceptance or use of good by the Purchnscr shall not constitute,a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order. the Sclicrs liability haeuder shall extend to all damages proximarcly, caused by the breach ofany of the foregoing wnmmics or guamntccs, but such liability shall in no event include loss of pmfits Or lass of use. NO IMPLIED WARRAN rY OR M ERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALT. APPLY. 4. CHANCES IN LEGAL TERMS. The Purchaser may make changes to legal tans by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms, other than legal terms, including additions to or deletion% from the qunnffr, originally m&ard in the .c,c ffications or drawings, by verbal or wTiten change mdCr. Iffay, such change affects the amount due or the time ofperfmanee hereunder, an equitable adjustment shall be rude. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then ram shipped subject to any equitable adjustment bervent the parties as m any work or materials then in progress provided that the Purchaser shall not be liable For any claims for anticipated pmfits on the uncompleted portion of the 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 guns, which arc the Scllcrs standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any goods delivered hcrcumdef. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty 130) days font the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warn nts that all good sold hercader shall have been produced, sold, delivered and fumishcd in strict compliance with all applicable laws and regulations to which the grads are subject. The Seller shall execute and deliver such documents as may be required to effect Or evidence compliance All laws and reguations m,nirxd to be incorporated in agreements of this character arc hereby incorporated hcrcin by this reference. The Scllcr agrees to indemnify and hold the Patch,,., hamlet from Al costs and damage suffered by the Purchaser .as a rewilt of the Sclicrs foilum to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, m any monies due or to become doc hereunder without the prior written consent of the other party. 10. TITLE. The Scllcr wamnts full, clear and unrestricted title to the Purchaser for all Nuipment, materials, and items fumishcd in performance of this agreement free and clear of any and all liens, restrictions, reservations. security interest encumbrances and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Scllcr to correct nonconf ruing or defective gods by a date to be agreed upon by the Purchaser and the Scllcr, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditions means available to it, and the Scllcr shall pay nil costs a,sociatcd with such work. The Seller .shall release the Purchnscr and its contractors ofany tier from all liability and claims of ony nature resulting from the performance of such work. This rcle oc shall apply even in the event Of fault Of negligence of the party released and shall extend to the directors. officersand employees ofsuch party. The Seller's contractual obligations, including wnrmnty, shall not be deemed to be reduced, in any way. becaunse such work is performed or caused to be perforncxl by the Purchaser. 14. PATENTS. Wlwacscr the Seller is mquircd to use any design. device, material or pmeess covered by letter. pcual, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason ofthe use of such patented design, device material or process in connection with the contract stud shall indemnify the Purchaser for any cost expense ar damage which it may be obliged to pay by reason nfsnch infnaWnicni at any time during the prosecution or after the completion ofthe work. In ease said equipment or .any pan thcrcof or the intended use of the goods, is in such snit held to constitute infringement and the use of said cquipmcnt or pan is enjoined. the Seller shall, at its own expense and at its option. either pmcurc for the Purchaser the right to continue using said equipment or pans, replace the same with suhstanlially equal hilt noninfringing cquipmcnt cr modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent of bankrupt make an assignment for the benefit of creditors, appoial a receiver or trustee for any of the Sellers pmperty or business, this order may forthwith be canceled by the Purchnscr without liability. 16. GOVERNING LAW. The definitions of mono used Or the intcrpretafimn of the agrcemcnl and the rights ofnll parties hereunder shall be enn,tmed under and governed by the Imes of the State of Colorado. USA. "fhc following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the sen iccs of Scllcrs Reprcsentative(s), on the premises of othcm. 17. SELLERS RESPONSIBILITY. The Seller shall cam on said work at Seller's own risk until the v me is fully completed and accepted, and shall. in case of any aceidcm. detmetion or injury to the work and/or materials before Seller's final completion and ,acceptance, complete the work at Sclicrs own expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seiler, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seiler shall. at his own expense provide for the payment of workem compensation. including occupational disease bcncfts. to its employees employed on Or in connection with the stork covered by this purchase order. and/or to their depended, in accordance with the Imes of the state in which the stork is to be done. The Seller shall also carry comprehensive general liability including. but not limited to. contmetuai and automobile public liability insurance with bodily injury and death limits of rat least 5300,000 for any one person, S500,000 for any one necident and property damage limit per occident of S400.006. The Seller shill likewise regnim his contractors, if any. to provide for such compensation and insurance Before any of the Sellers or his contractors cmpinyces shall do nny work upon the pm aocs of ntbers, the Scllcr shall furnish the Purchascnvith a eertifeate that such compensation and insurance have been provided. Such eertificams shall specify the date when nmh compensation and insurance have been provided. Such eertifcales shall specify the date when such compensation and insurance expires The Scllcr agrees that such compensation and insurance shall be mninmined until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage. loss or injury ofany kind or nature whatsoever to persons ae pmperty caused by or resulting from the exccminn of the work provided for in this purchase orleror in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchn, em offccrs, agents and empinyees farm and against any and all claims. losses, damages. charges or expenses.. whether direct or indirect. and whether In persons or pmperty to which the Purchaser may he pill or subject by reason of any act action, neglect, emission 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 pmcceding, shall be brought against the Purchaser, err its officers, agents or employees at any time an account or by reason of any Oct action, neglect, omission or dcfaull of the Seiler of any of his contractors or any of it, or their oRecm, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and In defend the more at the Sellers own expctwe, to pry any and all costs charges, attorneys fees and other expenses. .any and all judgments that may be incurred by or obtained against the Purchnscr or any Of its or Ihcir oRcem, .agents or employees in such suite or other proceedings, and in ease judgment or other huh he placed ulxm or ohmined against the property ofthe Purchaser, or slid parties in or as a result ofsuch suits or other pmccchags. the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Scllcr and his contractors shall take all safety precautions Furnish and inttail all guards nmcssary for the prevention Of accidents, comply with all laws and regulations with regard to safety including. but without Imitation, the Occupational Safety and Hcalb Act of 1970 and all odes and regulations issued puruant therdo. Revised 03/2010