Loading...
HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 916460City of Fort Collins Date: 06/03/2016 Vendor: 166269 GARNEY CO INC 7911 SHAFFER PKWY LITTLETON CO 80127 PURCHASE ORDER PO Number Page 9163460 1012 This number must appear on all invoices, packing slips and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 06/03/2016 Buver: ELLIOT DALE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 E.ProspectBridge Rplcmt. 1 LOT LS 1,155,648.00 Boxelder Creek Crossing PER TERMS AND CONDITIONS OF AGREEMENT DATED 8/17/2015, AND WORK ORDER DATED 6/1/2016. 2 E.Prospect Bridge Rplcmt. 1 LOT LS 250,000.00 Boxelder Creek Crossing 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 $1 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 invoices @fcgov.com Purchase Order Terms and Conditions Page 2 of 2 I COMMERCIAL DETAILS Tax exemptions. By stature the City of Fort Collins is exempt from state and local razes. Our Exemption Number is I I NONWAIVER 98-04502. Federal Exam Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser in insist upon strict performance of the rorms and conditions hereof, failure or delay to Inherent Revenue, Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). exercise my rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to f sfure to meet specifications, either when shipped or due in defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be rammed to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon sma performance hereofor my ofits rights or remedies as in any such goods, regardless instructions from the City of Fan Collins. of when shipped received or accepted, as to my prior or subsequent default hereunder, nor shall my porponed oral ohothfication or remission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject in the City of Pon Collins inspection an arrival. hermf Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in l2. ASSIGNMENT OF ANTITRUST CLAIMS authorised payment on the part of the City of Fort Collins However, it is in be understood that FINAL Sella and the Purchaser recognize that in actual economic practice, overcharges resulting from whimust ACCEPTANCE is dependent upon completion of all applicable required tnspecnon procedures violations me in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser my and all clams it may now have or hereafter Freight Teats Shipments most be F O B. City of Pon Collins, 700 Wood St, Fun Collins, CO 80522, unless acquired under federal or state fairnut laws for such overcharges m anng to the particular goods or services otherwise specified on this order If permission is given in 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 Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Sella to correct nonconforming or defective goods by a date to be agreed upon by the expected from the nearest distributor, paint to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance may cause the work to be performed by the most expeditow means available to it, and the Seller shall pay all costs sssoamud with such work. Peters. Sella shall procure at sellers role cost all necessary permits, cemficales and licenses required by all applicable laws, regulations, ordinances and rules of the stare, municipality, territory or political subdivision where the work is performed, or required by my other duly communed public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established violation of my such laws, regulations, ordinances, odes Lord regwrements Authonzaaon. All parties to this contact agree that the representatives are, in fact, bona Ode and possess full and complete auhonty to bind said pames. LIMITATION OF TERMS This Purchase Order expressly limits acceptance to the terms and condmons stated herein set forth and my supplementary or additional terms and conditions amazed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your premised delivery date as noted. Time is of the essence Delivery and performance most be effected wnthm the dine stated on the purchase order and the documents attached hereto No acts of the Purchasers including, without hmiu ton, acceptance of pamal laze delivenes, shall operate as a waiver of this provision. In the event of my delay, the Purchaser shall have, in addition to other legal and equitable remedms, the option of placing this order elsewhere and holding the Seiler liable for damages However, the Seller shall not he liable for damages as a result of delays due to causes not reasonably foreseeable which we beyond in reasonable control and without in fault ofnegligence, such acts of God. sots of civil or military authonties, governmental priorities, fires, strikes, flood, epidemics, wars or hots provided that nonce of the conditions causing such delay is given to the Purchaser within five (5) days of the nine when the Seller first received knowledge thereof In the event of my such delay, the date of delivery shall be extended for the permit equal to the time actually lost by reason of the delay 3. WARRANTY The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor 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 a similar nature The Seller agrees to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty The Seller shall replace, repair or make good, without cost to the purchaser, my defeats or faults rasing within one (1) year or within such longer penod of nine as may be prescribed by law or by the terns of my applicable warranty provided by the Seller after the date of acceptance of the goads furnished hereunder (acceptance not in be unreasonably delayed), resulting farm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goods by the Purchasing shall not constitute a waiver of any claim wider this warranty Except as otherwise provided in this purchase order, the Sellers Lability hereunder shall eased to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in m event include loss of profirs or low of use NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY 4 CHANGES IN LEGAL TERMS. The Purchaser may make changes in legal terms by written change order 5 CHANGES IN COMMERCIAL TERNS The Purchaser may make my changes to the terms, other than legal terms, including additions to or deletions from the strontium originally ordered in the specifications or druwrngs, by venial or written change order If my such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made o TERMINATIONS. The Purchaser may in my time by whom change order, terminate this agreement as to my or all portions of the euods then not shipped. subject many equitable adjustment between the parties as to my work ar materials then in progress provided that the Purchaser shall hot be liable for my 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 my goods which are the Sellers standard Hock No such termination shall relieve the Purchaser or the Seller of my of then obligations as in my goods delivered hereunder CLAIMS FOR ADJUSTMENT Any claim for adjustment must be asmrmd within thirty (30) days from the date the change or termination is ordered. 8 COMPLIANCE WITH LAW The Seller warrants the all goods sold hereunder shall have been produced, old, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods ere 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 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 my monies due or in become due hereunder without the prior worries consent of the other parry 10 TITLE. The Seller warrants full, clew and unrestricted title to the Purchaser for all equhpmmt, materials. and hems furnished in performance of dus agreement% free and clew of my and all Isms, restrictions, reservations, secunry interest encumhrmcrs and claims of others The Seller shall release the Purchaser and its contractors of my her from all liability and claims of my nature roolting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry mmased and shall extend to the dirmmrs, officers and employ. of such parry The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in my way, because such work is performed or caused to be performed by the Purchaser 14. PATENTS Whenever the Sella is required in use my design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from my and all dams for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for my urn. expense or damage which it may be obliged in pay by reason of such infringement at my nine during the prosecution or after the completion of the work. In case send equipment, or my pan thereof or the intended on of the goods, is in such sun held to constitute infringement and the use of said equipment or part is enjoined, the Seller shall at its own expense and at da option, either procure for the Purchaser the right in continue using mid equipment or parts, replace the same with substantially equal but noninfringhng equipment, or modify it so it becomes nonlnfnnging. 15.INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or ties im for my of the Sellers property or buvness, this order may forthwith be canceled by the Purchaser wilhout liability 16 GOVERNINGLAW The definitions of terms used or the interpretation of the agreement and the rights of all panes hereunder shall be communed under and governed by the laws of the State of Colorado, USA The following Additional Conditions apply only in cases where the Seller is in perform work hereunder, including the services of SellersRepreamtative(s), on the premises ofothers 17 SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellers awn risk mil the same is fully completed and accepted, and shall, in case of my accident, destruction or injury to the work and/or materials before Seller's fecal completion and acceptance, complete the work at Sellers own expense and in the sa0sfation of the Purchaser When mammals and equipment me furnished by others for installaion or erection by the Seller, the Seller shall receive, unload, store and handle some a the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IB.INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, in it employees employed on or in commhon with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work 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 least 5300,000 for my one person, I500,000 for my one accident and property damage limit per accident of S400,000. The Seller shall likewise mgwm his contracrors, if my, to provide for such compensation and insurance Before my of the Sellers or his contractors employees shall do any work upon the premises ofodars, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been pmvided Such certificates shall specify the date when such compensation and insurance 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 more responsibility and liability for my and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewsth. The Seller will indemnify and hold harmless the Purchaser Lord my or all of the Purchasers officers, agents and employees bona and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether in persons or property to which the Purchaser may be post or subject by reason of my act, action, neglect, omission or default on the pan of the Seller, my of his contractors. or my of the Sellers or contractors ofEceis, agents or employees. In case my suit or other proceedings shell be brought against the Purchaser, or its officers, agents or employees at my 0me on account or by reason of my act, when, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees as aforesaid the Sella hereby agrees to assume the defense thereof and to defend the same in the Sellers own expense, in pay my and all costs, charges. shomeys Fees and other expenses, my and all judip ents that may be incurred by or obtained against the Purchaser or my of it, or their officers, agents or employees in such suits or other proceedings, and in case judgment or other hen be pined upon or obtained against the property of the Purchaser, or said parties in or as a result of such scats or other proceedings, the Seller will at once cause the mine in be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions. Flemish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Actor 1970 and all rules and regulations issued pursuant thereto Revised 032010