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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9115304PURCHASE ORDER PO Number Page City of PURCHASE 9115304 1 of 2 `t Collins This number must appear on all invoices, packing slips and labels. Date: 03/22/2012 Vendor: 166269 Ship To: WATER UTILITIES GARNEY CO INC CITY OF FORT COLLINS 7911 SHAFFER PKWY 700 WOOD ST LITTLETON Colorado 80127 FORT COLLINS Colorado 80521 Delivery Date: 09/13/2011 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2 C.O. 1 LOT EA -20,849.33 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Teens and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax cscmptioms. By statute the City Of Fort Collins is exempt Tom state and Imal taxes. Our Exemption Number is 11. NONWAI V ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist open strict performance of the mmrs and conditions hercoE failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39 26. 114 (a). exercise any rights or remedies provided herein or by Irv. failure to promptly notify the Seller in the ev"t of a breach, the acceptance efm payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped Or due to defects of any of the wmmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in tmnsit may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict perfnmmncc hemofor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fen Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported and msdification or rescission of this purchase order by the Purchaser operate as r waiver of any Of the terms Inspection. GOODS am subject to the City of Fen Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENTOF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. However, it is to be undcrstmd that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Farm autumn ACCEPTANCE is dependent upon completion ofill applicable required inspection procedures. violations are in fact home by the purchaser. Therctafore. 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 70O Wood St.. Fen Collins, CO 80522. unloe acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services otherwise specified era this order If permission is given to prcpny freight and charge separately, the original freight purchased or acquired by the purchaser pursuant to this purchase order. bill must accompany immicc. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various pans of the country. shipment is If the Purchaser directs the Seller to correct nonconforming or detective grad by a date to be agreed upon by the expected them the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller themaner indicates its inability or unwillingness to comply, the Purchaser shipments am made Farm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seiler shall pay all crisis associated with such work. Permits. Seller shall porcine at sellers .sole cost all necessary permits, certificates and license 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 jadsdiction over the work of r.dor. Seller further agrees to hold the City of Fort Collins hemlcss fmm and against all liability and loco incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, miss and requirements. Authorization. All panics in this comfort agree that the representatives arc, in fact. Man ride and possess fu11 and complete authority to bind ,aid parties. LIMITATION OF TERMS. This purchase Order cxpre. ly limits acceptance to the terms and conditions stated herein set forth and any supplcmenmry or additional ems and conditions annexed hereto or incorporated herein by reference. Any additional ordiffcreat terns and conditions proposed by seller arc Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyint cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the pumhaw order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance ofpanial late deliveries, shall operate as a wmiver of this poo ision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. Hooycveq the Seller shall not be liable for drntnges as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and without its fault Ofnegligence, such acts of God, acts ofcivil or military authorities, governmental priorities rims, strikes. Bond, epidemics swam 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 received knowledge thereof, In the event array such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofthc delay. 3. WARRANTY. The Seller ommis 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 care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the purchaser harmless fmm any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Scllcr breach of wamnty. The Scllcr shall replace, repair or make good, withrnn cost to the purchaser, any defects Or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terms ofany applicable w:amply provided by the Seller after the due of acceptance ofthe goods furnished hereunder (acceptance not to be unrcasonnbly delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance Or use of goods by the Purchaser shall net constitute a waiver ofany claim under this warranty. Except as othenv ise provided in this purchase Ortcr, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wamnties or guarantees, 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 SI IALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL. TERMS. The Puchaser may make any changes to the morons, other than legal terms, including additions to or deletions from 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 pnformancc 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 bmwccn the panics as to any work or materials then in pmgress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adustment be 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 of any Of their obligations as to any good dclivercd hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days From the darn the change or mrounntion is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goons 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 a may he required to effect or evidence coundkinse. All laws and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchaser Mmlcss Form all costs and damages suffered by the Pnrchascr as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, mnsfcr, or convey this order. err my monies due or to become due hereunder without the prior written consent ofthe other potty. 10. TITLE. The Seller wamnty full. clear and unrestricted title to the Purchaser for all equipment. mmerials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions rescrvutions, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its connactors 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 d ireanrs. ORccrs sad employees of such party. The Scl let's contractual obligations, including wamnty, shall not be deemed to be reduced, in any umy, because such work is perfomcd or caused to be perfumed by the Purchaser. 14, PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark or copyright, the Scllcr shall indemnify and save harmless the Purchaser from any and all claims for infingement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for one cost, expense sex damage which it may be obliged to pay by reason of such 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 good. 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 of pans, replace the more with substantially equal hit noninfringing equipment, or modify it so it becomes anninfringing. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or tmstce for any of the Sel les property or business this order may forthwith he canceled by the Pnrchascr without liability. 16. GOVERNING LAW. The definitions ofems used or the interpretation ofthe agreement and the rights ofall panics hereunder slmll be consumed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represcatative(s), on the premises of Others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scller's own risk until the sane is fully cmnplemd and recopied, and shall. in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and accepancc, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When maerials and equipment are furnished by others for installation or erection by the Seller. the Seller shall receive, afford, store and handle same at the site and become responsible therefor as though such materials and/or equipment were bring furnished by the Seller under the order. IS. INSURANCE;. The Seller shall, at his own expense. provide for the payment of 0criers compensation. including necupatinnal 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 cork 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 lets, 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 err his contractors employees shall do any work upon the premises of others, the Seller shall f wish the Pnrchascr with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvidcd. Such eertificaes shall specify the darn when .such compensation and insurance expires. The Seller agrees that such compensationand 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 and liability for any and all damage loss or injury of any kind or nature whmsnevcr to persons or property caused by or resulting fmm the exccation ofthc work Provided for in this purchase order or in connection hacwith. The Seller will indemnify and hold harmless the Purchaser and any or ell of the Purchasers oImrs. agents and employees from and against any and all claims, losses, damages. charges or expenses. whether direct or indirect, and whether to persons or pmpeny to which the Purchaser may be put or subjed by reason of any act, action, neglect, omission or default on the pan of the Scllcr, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In crsc any snit or other proceedings shall be brought against the Purchaser, or its efforts, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Seiler of any of his contractors or any of its of their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof 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 incurred by or obtained against the Purchaser or any of its or Their often., agents or employees in such suits or other proceedings. and in case judgment or other lien he placed upon err Obtained against the property ofthc Purchaser. or said panics in at as a result Ofmch 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 gut ds necessary for the ptcvention of accidents, comply with all laws and regulations with regard to safety including. but without limantion, the Occupational Si (ry and Health Act of 1970 and all mles and regulations issued pursuant thereto. Revised 0312010