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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9121978a City of art Collins PURCHASE ORDER PO Number Page 9121978 1of2 This number must appear on all invoices, packing slips and labels. Date: 04/04/2012 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: 04/04/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price CONSULTING SERVICES 1 LOT LS 25,620.00 WEST VINE BASIN OUTFALL Total $25,620.00 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 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchasc Ordcr Terms Rnd Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of FLart Collins is exclaim from mate and local taxes. Our Exemption Number is I L NONWAIVER. 95-04502. Federal Excise Tex Exemption Crni ficate of Registry M-60005F7 is registcmd with the Col law, of Failure of the Purchaser to insist upon strict perfommnce of the mom and mndi(ions hcmof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stawtcs 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, fti bum to pmnaptly notify the Set let in the event of a breach, the reccemice of or payment for goods hemmder cr approval of the design, shall not release the Seller of Goods RLjected. GOODS RD ECTED due to failure to mca speci treat ions. Lather when shipped or due to defects of any of the warranties or oN igat ions of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rewmod to you for credit and are riot to be replread except upon mecipt of written purcMscr to insist upon strict perfimarace hereof orally of its rights or renxdics as to any such cools. regardless instructions from the City of Fell Collins of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported one modification or rescission of this purchase order by the Porchamr operate is a waiver of one of the terns Inspection. GOODS arc subjca, to the City of Fun Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can msult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonzed payment an the pan of the Citv of Fort Collins, However, it is to be indcrmood that FINAL Seller and he Purchaser recognize that in actual economic practice, overcharges resulting firm infunist ACCEPTANCE is dependent upon complerin , ofall npplicable required inspection procedures violations are in fact home by the Purchaser. Theretofore. for good curse and as consideration for executing this purchase order, the Seller herby assigns to the Porchiser any and old claims it rimy now have or hereafter Freight Terms. Shipment, must he F.O.B.. City of Full Collins 700 Nord St, Fort Collins. CO S0522. unless acquired under fcrkml or state antitrust laws for such oxc¢hargcs rearing 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. Whem mmrtufacmrers have distributing points in various parts of the country, ship mncut is Ifthe Purehasardirecfarhe Sellato correct noncnnfomangordcfative goods by a date fobs agreed amen hythe expected form the ncarest distribution point to desfimaion. and secs freight will he deducted from Invoice when Parchascr and the Seller. and the tiller thcma0cr indicates its inability or arm i l liagness to comply. the Purchaser shipments we made form greater distance. may cause the work to be perfomed by the most expeditious means available to it and the Seller shall pay all costs associated with zvch work. Timmins, Seller shall procure at mIlas sole cost all necessary peanuts, certificates and licenses required by all applicable laws, regtdations, ordinances and roles of the state. municipality, amirmy or political subdivision where the work is performed, or required by any other duly cons,iunal Public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamlcss from and against aR liability and loss alarmed by them by musm of an asserted or established violation of any such laws, regulations, ordinances, rides and requirements. Anthonzttion. All parties to this contract agree that the representatives arc. in fact, hroa fide and possess full and complete amhoriy to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tams and conditions sated heroin set frwth and nnv supplementary or additional terns and conditions innsed hereto or incorporated herein by menace. Any additional or diflamm terms and conditions pmposd by seller ere objected to and hachv rcledcd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT inmediawly if you cannot mike eranplde shipment to arnre on your pormiscd delivery laic as noted. Time is of the essence. Delivery and performance most be efficled within the time stated on the Fumble order and the documents inched hc,6. No acts of the Pi mhasas including, without limitation, acceptance of partial Ina deiecris, shall operate ns a waiver of this prevision. In the event of any delay. the PEl¢hzsa shall have, in addition to other legal and equitable rcnedim the option of placing this order elsewhere and holding the Seller liable for damages. However. the Sella shall not he liable for damages as a result of delays due to causes not reasonably firtcs-cable which am beyond its rttsnnable control and withon( its fault of negl i gaace. such acts of GM, acts of civil or mi l itery nuthontics government.] priorities, fires, strikes, food, epidemics, wars or not, provided that notice of the conditions erosion, such delay is given to the Purchaser within five (5) days of the time when the Seller first mmived knn viedge thereof. In the event of any such delay. the date of del ivory shall be extended for the period equal to the time actually, lost by reason of the delay. 3. WARRANTY. The Sella wmmnts that all good, artt materials and work covered by this Lawler will con0on with applicable drawings, specifications staples and/or other descriptions given, will be fit for the porpnsep imendal, and performed with the highest degree of am and coropetrnee in accordance with accepted .standards for work of a similar nature. The Seller agrees to hold the purchaser hemdss from any loss, damage or expense which the Purchaser fmy suffer or incur on amount of (hc Sellers breach of wamnty. Tpue Seller shall mpttic, repair or make good withon cost to the purchaser. any dclems or faults arising within ore 11) year or within such longer period of time ns may be pascribed by law or by the tors of any applicable wmmrry provided by di offer the date of acceptance of the goods famished remainder (acceptance not to be unreasonably delayed), resulting Four imperfect or detective work done or nataiah burnished by the Seller. Acceptance or Else of gask by the purchaser shall not constitute. waiver c f any claim under this warranty. Except .s otherwise provided in this purehnse order, the Scllcrs liability hananda shall extend to all damages proximately caused by the breach of any of the foregoing wematicm or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser any make changes to legal teem by written change order. 5. CHANCES IN COMMERCIAL TERMS. The Porcine may make arm changes to the terms. other than legal more. including additions to at dele ions from the cuawhies originally ordered in the specifications or derwhop, by verbal or written change order. If any such change alTats the amount due or the time of perfomancc hereunder, ran equitable adjustment shill h made. 6. TERMINATIONS. The I'umhnsar may at any time by written change order, terminate this agreement as to tiny or all portions of the goods then non shippor, subject m any cgnietblc adjunrxnt between the panics as to any wait or material, then in piss provided that the Purchnscr shall not be liable for am claims fen anticipated profits on the uncompleted Portion of the goods and/or work, for incidental or consequential damages. and that no such adjustment h made in favor of the Seller with respect to any galls which arc the Sellers standard stock. No such wmai nation shall rep ice the Purchaser or the Seller of any of their obl igilimi as to anv gods delivered hrn:under. 7. CLAIMS FOR ADJUSTMENT. Any clam far ridjustracnt most be assured within dust (30) days from the (Lite the change or tcmination is ordered. S. COMPLIANCE WITH LAW. The Sella warns that ell goods sold herander shall have been produced, sold delivered and famished in strict compliance with .II applicable laws aad regulations to which the goods arc subject. The Sella shall cxmute and dcliacr such duamon, as maybe acquired to effect or evidace compliance. All laws and regulations squired lobe incorporated in agraroacros of this character rim hereby incorporated herein by this reference. Tlc Seller agrees to indemnify and hold the Purchaser hamless farm all case, ad damages safficral by the Purchaser as. result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any attract, des or to become due hounder without the poor oTmen consent of the other perry. 10. TITLE. The Seller wamnts fall, dcar.nd unrestricted tide to the purchaser for all equipment mrttermis, and items famished in performance of this agreement free and clear of any and all liens, restrictions, msenntions, sociality interest cneumhnnne, and claims of others. Tlfo Seller shall release the Purchaser and its contractors of any tier fmm ill liability and claims of mry nature resulting four the perfommnnce of owh work. This release shall apply even in the event of fault of negligence, of the party relaxed and shall estead to the directors. nRcers and employees ofsnch party. The Setters contractual obligations, including wamaty, shall not be deemed to he reduced, in any way. because such work is perfomt<d or caused to he perfonnod by the Purchaser. 14. PATENTS. Whatever the Seller is required to few any design, device, material or pmecss covered by letter, patent tmdcnmrk or copyright the Seller shall ind unify ntul save hamrlss the Panchawr from any anal all claims for infriagen at by reason of the use of such Patented design, device, monenal or Process in connection with the contend, and shall indemnify the Purchnscr funny cost, exlensc or damage which it rimy be obliged to pay, by mason ofsu¢h infringement at any tittle during file pmsawino or a0a the conaplelion of the work, In case said Lgoipnent or any pan thereof tar the intended use of the goods, is in such suit held to coustitum Infringement and tiro use of said equipment or pan is cnloinM the Seller shall. it its own expense .and it its option. either pr.c m, fix the Purchaser the right to continue using said equipment or pros. replace file sane with substantially equal hot nnninfringing mquipment a modify it so it banner nonin(n'nging. 15. INSOLVENCY, If the Seller shall live ome inmdvenf tar bankrupt nunke an nssigamamnt for the beneRt of creditors. appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith he canceled by the Pnchescr without liability. 16, GOVERNING LAN. The dermilmns often,, used or the interpretation ofthe nacentcat and the rights of ell parties hacenda shall be consumed under and govemed by the lots ofthc State ol-Colomdr. USA. The following Additional Conditions apply candy in eases when the Seller is to perfomr work hereunder. including the services of Scllcrs Rcprescnntive(s). on the premises ofethers. 17. SELLERS RESPONSIBILI pY. The Seller shall cony no said work at Seller', own risk until the vanre is fully conaplctcd .and accepted, and shrill. in case of any uccidan, destruction or injury to the a,ork and/or materials bcfom Scllcrs final eontpletion and acceptance couplet, the work it Sellers own expense and to the satisfaction of the Prmhascr. \Wen nnatmiads and equipment arc famished by others for installation or erection by the Sella, the Seller shall receive, attend, store and handle saute at he site and become responsible therefor as though such nncrials and/or equipment were being furnished by the Seller under the order. IS. INSURANCE. The Seller shall, at his own cspcnsc, provide for the paynent of workers connpen,ation, including occupational disease t"clim, to its emplovees employed on or in connection with the work covered by this purchase ceder, and/or to their dTendena in accordance with the Imes of the state in which the work is to be done. Die Sella shall nlso cam comprehensive general liability including. but not hmital to. command and automobile public liability immrana avith 1d0v injury and death Rntits of.r least St 000 f any one person. $500.000 to, anv one accident and property damage limit Per accident of 54W.f1(10. The Seller shall likovise require It roneanors, if any. to provide for su¢h compensation and insurance. Blum any of the Scllcrs or his contractors employes shall d. any work upon (he promises ol'mhers, the Sclla,hall fumi,h the Purchaser with a anificate that such compensation and instance have been provided. Such ecnificates shall specify the date when such emmpaw.atim and insumnechave been provided. Such ecrtificntesshall specif the lure avhrn such cootpenc Lion and imsumnce expires. The Scllcr ngrces that such cnnpensation and insurance shall he ... nominal until after the entire work is completed and accepted. 19. PROTECT ION AGAINST ACCIDENTS AND DAMAGES. The Seller haehy assrancs the entire respnsilubw and liability for any and all dmnagc, loss or injury of any kind or nature whatsoever to persons or propaty caused by or resulting front the execution of the work provided for in this purchase order or in correction herewith. The Sellawill indemnify and held tamales, the Purchaser and any or all of the purchasers officers. agents and emplmecs from aM against nnv .rid all claims. losses, damages, charges or expenss, whether direct or indirect. and whether to Parsons or property to which the Purchnscr na.v Ix put or subject by reason of any net, action, neglect, omission ,, default on the pan of tiro Seller, any of his contractors, or arm of the Scllcrs or contractors olEcces, agents or employees. In case any snit or nth+ proceeding, shall he brought against the Purchaser. or its oRfcas. agents or employees rtany tine on account or by reason of any act, action, neglect. omission or default of the Seller of any of his coutmetes, or nay of its or their officers, agents or employees as aforesaid the Seller bercby agrees to assume the defense thereof and to defend the ,are of the Sellers owe cspcnsc. to pay any and all costs, charges. attorneys fa: and other expenses - ,any and all judgments that may be incuncd by or obtained agiinm (he Purchnscr or any of its or their officers. agents or mmplovecs in such suits or other pmccedinE, and in case judgment or Lather lien be placed upon or ohtaincd ngaium the pmperry of (he Purchaser, or said panics in or as a result of such suits or other proceedings. the Scllcr will at once cause the sore to be dissolved and discharged by giving bond or whmvisc. The Scllcr and his contractor shall Like all safety precautions, fumish and install all guards naessaw for the prevention of .accidents, comply with all Imes and regulations with regard w safety including, hilt without limitation, the Occupational Sifety and Health Act of 1970 and all odes and regulations issued pursuant them,.. Revised 01/2010