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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9147674Fort Collins Date: 12/29/2014 Vendor: 166269 GARNEY CO INC 7911 SHAFFER PKWY LITTLETON CO 80127 PURCHASE ORDER PO Number Page 9147674 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: 12/29/2014 Buver: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price CONSTRUCTION SERVICES 1 LOT LS 1,188,017.00 N SHIELDS ST SEWER INTERCEPTOR 7089 Water, Wastewater & Stormwater Utilities Infrastructure Design & Construction Services 2 CONSTRUCTION SERVICES N SHIELDS ST SEWER INTERCEPTOR 1 LOT LS 460,124.00 Total Pay terms net 30 days Invoice Address: 141 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 City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Tam mute and local taxes. Our Exemption Number is 11. NON WAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector Of Failure of be Purchaser to insist upon strict performance of the term and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref Colonedo Revised Statutes 1973, Chapter 39-76, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, Ne acceptance or., payment far goods hereunder a approval fthe design, shall rut release the Seller of Good Rejected. GOODS REJECTED due to failure 0 am specifications, either whm shipped or due to def ts of any of the warranties or obligations of this purchase order and shall not tx deemed a waiver of tiny right of the damage in transit, may be, renuned to you for credit and are at be h replzced except upon receipt of wainm purchaser m insist upon am ,, performance hereof or my of its righm or remedies as m my such grads, mumbles instructions from the Cityof Fort Coll ire. of when shipped, received or accepted, as to any prior or subsequent default hereunder, rut shall any purported coal modification or scission of this purchum order by the Purchaser opemm as a waiver of any of the team Inspection. GOODS are subject to the City of Fort Collim inspection on unreal. hereof. Final Acceptance. Receipt of the merchandise, services or equipmem in response to this order can cult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized wymmt on the par of the City of Fort Collins. However, it is to Ito understood But FINAL Seller and the Purchaser recognize Nat in acres] economic practice, overcharges resulting fmm antimm ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact some by the Purchaser. Theretofore, fa good cause and ns consideoatom for executing this purchase codes, the Seller hereby assigns to the Purchaser my and all claims it may now fe or hereafter Freight Terms. Shipments must be FDA.. City of For Collins, 700 Wood St, Tort Collins, CO 80522, unless acquired under fedeoal or mar, mtium, laws for such overcharges relating he the particular goods err smices otherwise specified on this order. If permission is given to prepay freight and charge separately, the ari%iml freight purchased or Inquirai by the Purchaser pursuant to Nis Ourtbau Oder. bill must accompany invoice. AWitond charges for packing will not be a e tied, PURCHASERSPERFORMANCE SELLERS OBLIGATIONS. 1f Shipment Gamma. snamfacmre have distributinginand sec in varioa pas the Whonormal m mu nonconforming defective good by a dss to be the If the Purchaser directs r. Seller m emrem t on byPurchaser d fir..,voceshipment Distribution point m destination, and excess freight will be deducted from Invoice when expected from the i de the reply, t e ser its inability or unwillingness it comply, the Pm and the Seller, and the Sellers after i is and t e a d shipments ere made from grater distance. from ay all may muse be work to be performed by the most expeditious means mailable to it, and the Seller shall pay all bay m si the most casts associated with such work Permits. Seller shall procure err sellers sole eat all necessary parasite, certificate and it.. required by all applicable laws, regulations, mdinamzs and roles of the sae, municipality, moieory or political subdivision where the work is performed, or required by my other duly continuum public authority having jurisdiction over the work of vendor. Seller Prober agrees to hold the City of Fort Collins harmless from and egaim, all liability and less minced by them by reawn of m asserted b established violation of any such laws, regulations, ordinances, rules and r yuirenumb. Authorization. All parties to this contract agree that the representatives are, in fact, bona ride and possess full and complete authority ro bird said pries. LIMITATION OF TERMS, This Pachase Order expressly limits azceptmce in the terns and renditions stated herein set Such and my supplementary, or additional tams and conditions annexed hereto or ircaryomttd (mein by reference. Any additional or different terms and renditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to active on your promised delivery date as noted. lime is of 'he essence. Delivery and performance most be effected within the time stated m be purchase oNer and the documents attached hereto. No acre of the Purchasers including, without limiuram, mc,amae of pmial late deliveries, shall operate as a waiver ofthis provision. In the event ofmy delay, be Purchaser shall have, in addition to oNer legal anal estimable remedies, the option of placing this order elsewhere and holding the Seller Fable for damages. However, be Serer Shan not be liable fun da ne re as a marl of delays due to buses not reasonably forceable which sre beyond its reasonable rentrol and without its fault ofnedigmce, such ms of God, acts ofcivdl or military authorities, gaemmenbl priorities, fires, strikes. Goad, epidemic, wars b riots provided than notice of the conditions coming such delay is given to the Purchaser within five (5) days Of she time when the Seller that received knowledge therm(. In the event of any such delay, the date of delivery shall ha extended for the penod equal to be time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants but till goods, articles, nummids and work covered by this order will conform with applicable dmastop, Specifications, samples andror other dearipuom given, will be fit for be purposes inserted, and performed with the highest degree of care and competence in azreName with accepted stmdmds for work of a similar number The Seller agrees to hold the pumbawr harmless man any loss, damage or calmest which the Purchaser may suffer or incur on account of the Sellers breach orwi nanty. The Seller shall replace, repair Or make good, without cost to the purchaser, any defects tar faults arising within one (I) year or within such longer period of time as maybe presented by taw or by the terms ofmy applicable wamanty pmvA,al by the Seller after the date or acceptance of the good fumishul hereunder (mcepmmce not to he unreasonably delayed), mashing from Imperfect or defective work done at materials fum6hed by be Seller. Acceptance or ase of goods by be Purchaser shell not comtimmawaiver Ofmyclaim major Niswory ty. Except asotherwiseprovW,a] in thispurchase under, the Sells liabilityFermnder Ball extend to all damages proximately caused by the breach ofmy of the ficam tag warantia or gumbaces, but such liability shall in no event include loss of pmfim Or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purch our may make changes to legal team by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser navy make any Ounmes coo the terms. dher Wn legal temu. including idiiim- in m demornew frown the qumlid. originally ordered in the specifications or dancim, by veebal or wrinen change order. If any such change alibcm be amount due or the time orprrformnneve hereunder, an expunger 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 good then not shipped, subject to any oquitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for my claims for mticipated profits on the uncompleted Portion of the goods and/or work, for imidrnml or crosequenBal damages, and but we such whumment be made in favm of the Seller with mister to my goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of my afileir obligations as to my goad delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty 130) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold delivemd end fished in strict compliance with all applicable laws snd regulations to which the goods are sutjecl The Seller shut execute and deliver such documents as maybe rnluited m effect or evidence compliance. All taws and regulations required to be uncommitted in agreements of this chaucter are hereby incorporated herein by Nis reference. The Seller agrees to indemnify and hold be Purchaser Formless fmm all cats and damages suffered by ehe Pmcfer m a result Of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or comey this order, or my monies due or to become due hereunder without the prior written cogent of the other wry. 10. TITLE. The Seller warrants full, clear and unmrrimed title to be Purchaser for all erryipmmL mdmds, and items Enthused in perfmmanre or this agreement, free and clear of my and all licm, manictions, nervations, security interest mebabrances and claims ofod em. The Seller shall relmse the Purchaser and its contractors of my tier fmm all liability and claims of my rune salting fi rm the performance of such week. This release shall apply even is the event of fault of negligence of the pry released and shall extend to the directors, officers and employees ofsuch party. The Seller's mmmnual obligations, including ..—my, shall not be deemed 0 be reduced, in any way, because such work w performed or ..it,. be performed by the Purchaser. 14. PATENTS. Whenever be Seller is mammal to me my design, device, material W Time. covered by lever, patent, mademark or copyright, the Seller shall rudemniry and save Examless the Purchaser fmm my and all claims for infringement by reaon of the use of such putmud design, device, material or process in correction with the contract, and shall indemnify the Purchaser for my cost, expense or 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 egripment or my part thereof or the intended use of be good, is in such suit held to ex manta, infringement and the me of said campmem or par is enjoined, be Seller shall, at is own exwae and at its option, either procure for the Purchaser the right m continue using said equipment a pare, replace the same with substantially egad but maninfringing equipmml. or modify it so it becomes mdi fiiumng. 15, INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for be benefit of creditors, appoint a receiver or trustee for any of the Sellers Property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defniuoa arm. amid Or the interpretation of the agreement and the rights of ail parties beemerder shill be command under and governed by dre laws ofhe Sum of Colaoado, USA. The following Additional Condifions apply only in causes where be Seller is to pert work hereunder, including the servicesof Sailers Represenntivr(s), an the premiss ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shell carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, to rase Of my accident, destruction b injury to the work radio, tame rids bef Sellers Paul completion and acceptance, complete the work in Selleh own exwae and to the satisfaction of the Purchaser. When mebriam and al.,. are f fished by others far imullumar a erection by the Seller, the Seller shall receive, rNad .are and Fanatic sane at the site and become swmiblc therefor as though such mdenals mWor ficiaiproml were being fished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational drama, benefits, to its employees employed on or in connection with the work covered by this purchase order, andtm ro their dependents in eceoolanee with the laws of the state in which be work is 0 be done. The Seller shall also carry comprehensive general liability including, but rut limited to, morrnemal and vummobile public Birthday insurance with bodily injury and death limits of m least S300,000 for nary me person, 550ft" for my concideat and Toaster, dame limit per accident of S400,000. The Seller shall likewise require his tractors, Henry. to provide for such compensation and insurance. Before my of the Seller or his contactors employees shall de any work upon the premises of others, the Seller shall (numb the Purchaser with a certificate that such compensation and insurance have been provided. Such eradicates shall specify the data when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees But 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 sss me Ne entire responsibility and Inability for any rind all damage, loss or injury ofmy kind or nature whatsoever to persons or property caused by or resulting from be exeentim of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamJas the Purchaser and my r all of the Purchasers 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 Purchaser may be put or subject by remain of any tat, Indian, neglect, omission or default on the Isar of the Seller, any Of his contractors, or my of the Sellers or contractors oRcers, agents or employees. In case my suit or Other proceedings shall be brought against the Purchaser. or its officers, agents at employees at my time an account or by reason of my mh ration, neglect, omission in default of the Seller of my of his contractors or my of its or their cheers, agents or employees as of acid, the Seller herby agrees to assume the defense thereof and m defend Me same at the Sellers awn espeme, to pay any and all costs, charges, re omeys fees and other expenses, any and ail 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 ether proceedings, and in case judgment or other her be placed upon or obtained against the property of the Purchaser, or said pries in or as a result of smh suite or other proceedings, the Seller will at once cause the more to be dissolved and discharged by giving bond or otherwise. The Seller and his ..a. shell hake all safety preca tiom, famish and moral all guard necessary far On, p e matiov of recide m, comply with ell laws and regulations with m,and to safety morning, but without grommet, the Iheupationsl Safety and Health Act of 1970 and all rules and regulations issued pursuant theme. Revised Wait 14