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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9122298City of :,.6rt Collins Date: 04/23/2012 PURCHASE ORDER PO Number Page 9122298 1of2 This number must appear on all invoices, packing slips and labels. 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: 04/23/2012 Buyer: OPAL DICK Note: Line Description Quantity Ordered UOM Unit Price Extended Price Manhole Lining 2012 1 LOT EA 36,283.60 Total $36,283.60 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 Tom Collins is exempt from state and local taxes. Our Exemption Number is H. NONWAI VER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is regis rcd with the Collector of Failure of the Purchnscr to insist upon strict performance of the terns and conditions hereof, failure or delay to Internal Revenue, Denver. Colomdo (Ref. Colorado Revised Statutes 1973. Chapter 39 26. H4 (a). exercise any rights or remedies provided herein or bylaw. failure to promptly notify the Scllcr in the event of a breach, the acceptance of or payment for gmdm hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifications, either when shipped Or due to defects of any of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except wpm receipt of written purchaser to insist upon strict performance hereader any of its rights or remedies Is to any such goods, regardless instructions from the City of Fon Collin,. of when shipped, received or ecceptul, as to any prior or subsequent default heremnder, nor shall Illy martoned cm modification or rescisxi on of this purchase order by the Purchaser operate as a waiver cranny of the terms Inspect inn. GOODS are subject to the City of Pon Collins inspection on arrival. hereof. Fiml Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAINIS. authorized payment oa the pan of the City Of Fort Collins, How'evee 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 ofell applicable required inspection procedures. violations are in fact home by the Purchaser. 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.H., City of Four Collins, 70(1 Rood St. Fact Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the panicathr goods or services otherwise specified on this order. If pennision is given to prepay freight and charge separately, the original freight purchased orrequired by the Purchaser pursuant to this purchase orden bill most 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 pans of the country. shipment is Ifthe Purchaser directs the Seller to correct noneenfo ruing or defective good by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller thercaficr 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 associated with such work. Permits. Seller shall procure at .sellers sole cost all necessary Permits, cenificmes and licenses required by all applicable laws, regulations, urdinanccs and mules of the state. municipality. territory or political suMlivisien where the work is performed, or required by any other duly constituted public authority having jurisdiction met the work of vendar. Seller fonder agrees to hold the City of Fen Collins harmless from and against all liability and lass incurred by them by reason craft asserted or established violation crony such laws, regulations, onlinances, ones and requirements. Anthorization. All panics to this contract agree that the representatives arc, 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 son plemenmry or additional temp and conditions annexed hereto or incorporated herein by reference. Any additional or different if. and conditions proposed by seller are objected turns! hereby related. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immaliately if you cannot make complete shipment to arrive on you premised delivery date as noted. Time is of the essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchaser, including, without limitation, acceptance ofpanial late deliveries, shall operate as a waiver of this provision. In the event ofnny delay. the Purchaser shall have. in additinn to other legal and equitable remedies, the option of pincing 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 ore beyond its reasonable control and without it built of negligence, .such acts of Gnd. acts ofcivil or military authorities, governmental priorities, rams, strikes, Rood, epidemics. wars or Tints provided that notice of the conditions causing such delay is given to the Purchaser within Eve (5) drys 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 of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable dmwings, specifications, samples andior 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 I similar mare. The Seller agrees to hold the purchaser hanat from any loss, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of wemunry. The Seller shall replace. repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by lave or by the tans crony applicable warranty provided by the Scllcr after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by The Purchaser shall not constitute a waiver crony claim under this w,amnty. Except as otherwise pmviled in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach crony of the foregoing aarmnticx or guarantees, but such liability shall in no event include loss ofprofius or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchnscr 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 tams, including additions to or dcletims from the quantities originally ordered in the specification or drawings, by verbal or written change Order. If any such change affects the amount due or the time ofperfomancc hereunder, an equitable adjustmem shall be made. 6. TERMINATIONS. The Purchaser may at any time by wrincn change order, terminate this agmerna t as to any or all portions of the goods then not shipped, subject to any equitable adjustment behvicen the parties as to any work Or materials then in progress provided that the purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any grad which ore the Sellers standard stock. No such tmtination shall relieve the Pnrchascr Or the Seller ofnny oftheir obligations as In any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or unnlnation i., ordered. R. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced. sold, delivered and famished in strict compliance with all applicable Taws and regulations to which the good 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 arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Pnrchascr I arralcs from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior written consent of the other parry. 10. TITLE. The Seller wurm cos full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Performance of this agreement, free and clear of any and all liens, restrictions, rescrentions, security interest eneundamaces and claims of others. The Seller shall release the purchaser and its contractors of nny tier from all liability and claims of any nature resulting from the performance ofsrch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, off ccrs Intl employees of such party. The Sellers contractual obligations including warm. try, shall not be deemed to be reduced, in any way. because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use nny design, device. material or proecs covered by letter, patent, Trademark or copyright, the Seller shall indemnify and save ham less the Purchaser from any and all claims for infringement by reason of the use of soh patented design, device material or process in connection with the contract. and shall indemnify the Purchawr for not, cost. expense or damage which it may be obliged to pay by reason of such infringement at any Time during the prosecution or ancr 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 or pans, replace the same with substantially equal but ouninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If The Seller shall become insolvent or hnnknipt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sel lots property or busi ncss, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used Or the interpretation ofthc agreement and the rights of all panics hereunder shall be consumed underand governed by the Imes of the State of Colomdo, USA. The following Additional Conditions apply Only in cases where the Seller is to Truffaut work hmcunder. including the services of Scllcrs Representativc(s), on the premises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Seller's men risk until the 4 me is fully enmplemed and accepted. and shall, in case of any accident, lestmetion or injury To the work and/or materials before Seller's final completion and ,acceptance, complete the work at Sellch men expense and to the satisfaction ofthe Purchaser. When materials and equipment arc furnished by others for installation or erection by the Seller. the Seller shall receive, unload. store and handle same nt the site and become responsible therefor as though such materials and/or equipment were bring furnished by elm Seller under the order. 18. INSURANCE. The Seller ehall. at his on expense. pmvide for the payment of uorkcm compensation, including occupational disease benefits. to its employees employed on or in connection with the work covers(] by this purchase order, and/or to their dependents in accordance with the lams of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to, comracmal and automobile public liability insumncc with hrvlily injury and death limits of at ccast S300,006 for nny one person, 5500,000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contractors. if nny, to Provide for such enmp,nv lien and insumncc. Befnrc any of the Scllcrs or his contractors employees shall do nny work upon the premises of others. the Sellershall furnish the Purchaser with a ecnificate that such eompcnsmian and insurance Inc been provided. Such ccr ifu tcs shall specify, the date when such compensation and insurance have been provided. Such cenificmes shall specify the date when such compensation and insumnec 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 and liability for any and all damage, loss or injury ofonv kind Or nature whatsoever In person., or property caused by or resulting from the Execution of the work pmvidcd for in this purchase order Or in enno,oinn herewith. The Scllcr will indemnifv and hold harmless the Purchaser and any or all of the Purchnw,, elEca rs. ,gems and employees from and against any and all claims, loses damages, charges or expenses, whether direct or indirect and whether to persona or property to which the Purchaser may he put or subject by reason of any net. nclion. neglect omission or default on the pun of the Seller, env of his contractors. or any of the Sellers or contractors Officers, agents or employees In ease any snit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act 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 assume the defense thereof and to defend the same m 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 Purchnscr 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 property of the Purchase,, or said panics in or as a result of such snits or other proceedings. the Seller will at once cause the mime to he dissolved and discharged by giving bond or othen%ise. The Seller and his contractors shall lake all micly precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and health Act of 1970 and all rues and regulations issued pursuant I u,nem. Rcvtwd 0312010