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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9122605Fort Collins Date: 06/25/2014 Vendor: 166269 GARNEY CO INC 7911 SHAFFER PKWY LITTLETON CO 80127 PURCHASE ORDER PO Number Page 9122605 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 06/24/2014 Buyer: OPAL DICK Note: Line Description Quantity UOM Unit Price Extended Ordered Price 4 Emergency Pipeline Repair per req. 47586 1 LOT EA 7089 Water Wastewater & Stormwater Utilities Infrastructure Design & Construction Services Contractor City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 Condition Page 2 of 2 I. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cenifeae of Registry 84-6000587 is registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Stamm 1973, Chapter 39.26, 114 (a). Good Rej,efed. GOODS REJECTED due to failure to men specifications, either when shipped or due to defects of damage in transit, may be returned to you for credit and art not to be replaced except upon receipt of winces instructions fmm the City of Fan Collins. Inspection- GOODS am whin, at he Ciry .1-For" Collins inspection on wrivml. Final Acceptance. Receipt of the merchandise, sat or equipment in response w this order can result in authorized payment on the Pan of the City of Fort Collins. Howcv, it h m be understood that FINAL ACCEPTANCE is dependent upon completion mfail applicable required inspection procedures. Freight Terns. Shipments moor be F.O.R., City of Fan Collins, 700 Wood St., Fan Collins, CO $0522, .less otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill most ulcompany invoice. Additional charges for Packing will Out be accepted. Shipment Distance. Where manufacturers have distributing points in van us pans of the country, shipment is expected from the nwtest distaibution point to destination, and excess height will he deducted from Invoice when shipments are made been greater distance. Permits. Seller shall proton, at sellm sole cost all necessary permits, certificates rod licenser required by all applicable laws, regulations, ordinances and mks of the state, municipality, mmwry or political subdivision where me work is Performed, or rryuired by any other duly constituted public authority having jurisdiction met the work of vendor. Seller brother agrees to hold the City of Pon Collins harmless from and against all liability and loss d by them by sown of or establishnd violation of any such laws, regulations, ordinances, toles era�. orequirement,. Authoriyztion. All panics to this contract agree that the representatives arc, in fact, bum fit, and possess full rod complete authority w bind said parties. LIMffALZON OF TERMS. This Purchase Under expressly limits acceptance to the terms and conditions steed herein set forth and any supplementary of vddilional terms and conditions annexed hereto or incorporated herein by reference. Any additional ar di nbrem tams and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m move on your promised delivery dote as acted. Time is of the essence . Delivery and performance mull be effected within file time stated on the purchase order and the documents attached hereto. No sets of the Pamhousers including, without limitation, wer,mare of partial Infe deliveries, shall operate as a waiver of this provision. In the event orally 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 far damages. However, the Seller shall or be liable for damages as a resull of delays due to causes nm reasonably faresnable which are beyond its reasonable control and without its fault of negligence, such cart of God, act, ofeivil or milimry w hmitie4 govemmened priorities, fires, strikes. ❑owl, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaer within five (5) days of the time wben'he Seller first received knowledge thereof. In the rent of any such delay, the date of delivery shall he extended for the period capital 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 drawings, specifications, samples and/or other description Bwan, will be fit for the puryoses intended, and performed with the highest degree of cart and competence in accordance with accepted standard far week of a -mier .fore. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suns or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the pear, ater, any defects or faults raising within one (1) year or within such longer period of time n may be prescribed by law or by tlw errs afany applicable amount, provided by the Seller after the date of .cent ante of the guests famished Mtaunder (aecepance .1 to be unmaw.bly delayed), mashing from Malaw ecn of defective work done or materials famished by for Seller. Acceptance or use of goods by the Purchwn shall not condone a waiver of any claim under this warranty. Except as; otherwise provided in Nis purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of my of the foregoing warranties or grom.tces, but such liability shall in no event include loss of profits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Pumbuer may make changes to legal arms by wettest change order 5. CHANGES IN COMMERCIAL TERMS. The Purehzser may make any changes to the terms, other than legal terms, including additions to or deletions fmm me quantities orgitally tumbled in me specifications or drawings, by verbal or written change order. If my such change aliens the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchawr may at any time by written change order, terminate this agreement n to nay or all portions of me goods then not shipped, subject to any equitable adjustment between the panics as to nay work or materials than in progress pmvideJ that the Purchaser shall not be liable for any claims for anticipated prefir, on the uncompleted portion of me good andlur work, for incidental or consequential dau ntlet, and mat no such aJjiu meat be made in favor of the Seller with respect to any goods which arc the Sellers standard stuck. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as to any gown &livered hereunder. ). CLAIMS FOR ADJUSTMENT. Any claim fa, adjustment must be maned within thirty (30) days from the data 'he change or termination is neared. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in shlet compliance win all applicable lows and regulations to which the good are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations inquired to be ncotpmmted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless 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 willoul the prior written coast of the other party. 10. TITLE. The Seller wartants full, clew and unrestricted title 0 the Purchases for all equipment materials, rials, and items firmishel in performance of this agreement free and clear of my add all liens. reanicfo., reservations, memory interest encumbrances and claims of others. 11. NONWAIVER. Failure of the purchaser to insist upon maim Performance of the terms and conditions hereof, failure or delay to y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach�anthe acceptance of or Payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this purchase meet and shall not he deemed a waiver of any right of the purchaser to insist upon sums performance hereof or any of its rights or ramedies as to any such good, mpon less Of when shipped, received or wrepted, as to any prior or subsequent &fault hereun&r, nor shall any purported oral modification or rescission of this purchase peer by the Puchaer .Tame as a waiver of any of do, 'a. owed. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pmcbasef recognize for in actual economic Practice, overchmga resulting fro winner violations are in full home by the Particular. Theretofore, for good cause end as masidermcm for exe.fng Nis purchase under, the Seller hereby assigns to tire Purclsner any and all claims it may now have or hereafter wqulred under federal or site antitrust dons for such overcharge relating to the particular good or services purchase) or acquired by the Purchcsn pursues, to this purchase men. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Porchnn directs the Seller to contact nonconforming or defettive good by a date to he agreed upon by the Purelower and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may rouse the work Ira he performed by me most expeditious means mailable to it. and the Seller shall pay all costs associated with such work. The Seller shall whow the Patch. and its cantmem. of any lie, from all liability and claims of any nature e.. ong from the performance ofwch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the dimmon, officers and employees of such parry. The Sellers contractual obligations, including womanly, shall not be deemed to M reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever me Seller is required o use any design, device, mmeriul or process covered by letter, parent trademark copyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for inGngement by reason of the use of such patented design, device, material or process in connection with the commit, and shall indemnify 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 prosecution or alter the completion of the work. In case said equipment, or any part thereof or the intended use of the grid, is in such suit held m consfimte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own a,ffmw and at its option, either promre for the Purchaser the right to continue using said equipment ar Tons, replace the tome with substantially equal but norinfringing equipment, or modify it so it becomes noninfrioging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint a receiver or tmslee fur any of the Sellers property or business, this order may forthwith be canceled by rise Purchaser without liability. 16. GOVERNING LAW. The definition of temts used or the intenremtion of the agreement and the rights of all parties hereunder shall be amounted order and governed by the laws of the Scale afCalmado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the survives of Sellers Represenmtioo D), on the premises afesher, 17. SELLERS RESPONSIBILITY. The Seller shall cony on said work al Suites own risk until no same 4 fully completed and accepted, rod shall, in use of any accident, datmetion Or injury to the work andror materials before Sellers Brad completion and acceptance, complete the work at Sellers awn expense and to the satisfaction of the Purchaser. %"an materials .it equipment are f ished by others far inswllalion or erection by the Seller, the Seller shall receive, .load, stare and handle stone at the site and became tasponsible therefor as though such materiaB anchor .uipment were being fiunished by for Seller under the order. Ind. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers Computwdol, including occupational disease benefits, w its employees employed on or in connenian with the work covered by this Purchase, order, anchor m their dependants in accordance with the laws of the stale in which the work is as be done. The Seller shall also carry comprehensive general liability including, but not limited w, contorts and automobile public liability insurance with b shly injury and &am limits of an least 530dI,b00 for any one Pars., SSno,nnn for nay one accident and property dmage limit per accident of $400.0001 The Seller shall likewise require his commission, 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 of others, the Seller shall furnish the Purchaser with a certificate that such compansation and insurance have been provided. Such certificates shall specify me date when such compensation and insurance have been provided. Such cenific cos shall specify the dam when such compensation and ourrourarc expires. The Seller agrees thm such compensation and insurance shall be maintained unfit after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby azsumes the entire responsibility and liabil it, for any and all damage, loss statuary Of any, kind or nature whatsoever to persons or property causal by or resulting from the execution ofthe work provided for in this purehaw, order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser sold any r all of the Pumhawrs officers, agents and employees fmm and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Forebear 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 my of me Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be bmughl against the Purchaser, or it, oficers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella, of any of his amalmaofs or any of its or their officers, agents or employees a5 aforesaid, the Seller hereby agrees to assume the defense thereof and in defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees and will explores, any and all judgments that may be incurred by or obtained against the Purchaser or any of its Or their officers, agents or employees in such suits or other proceedings, and in caw judgment or other lien be placed upon or obtained against the property of the Purchaep or said Panes in or as a result of such suits or other proceedings, the Seller will at once cauw the same to be dissalvad and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with report in safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pt.u.t Newts. Revisal] 032010