HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9142961Fort Collins
Date: 05/27/2014
Vendor: 166269
GARNEY CO INC
7911 SHAFFER PKWY
LITTLETON CO 80127
PURCHASE ORDER
PO Number Page
9142961 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: 05/27/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
1 WO If G-RWSR-2014-1
RIGDEN RESERVOIR PIPING
1 LOT LS
7089 Water Wastewater & Stormwater Utilities Infrastructure Design
& Construction Services
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
922,092.00
Total
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
1. COMMERCIAL DETAILS.
Tax exemptions. By smite the City of Fort Collins is exempt from stale and local taxes. Our Exemption Number is
98-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to ddicls of
damage in Ransil, may be returned to you for credit and are no W he replaced except upon receipt of written
muuuctions from the City of Fort Collins.
Inspection. GOODS are mbjm to the City of Fon Collins inspection on travel.
Final Acceptance. Receipt of the merchandise, armicare or equipment in responx to this order can result in
authorized payment on the pan of the City of Fort Collins. However, it is to he understood thatFINAL
ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures.
Freight Terms Shipments must be F O.B., City of Fort Collins, 700 Wood St., Fon Collins, CO 80522, unless
otherwise sped red on this order. If in, no...lun is given he prepay freight and charge separately, the original freight
bill most accompany invoice. Additional charges for poking will not he accepted.
Shipment Distance. Where manufacturers have distributing points in warion, pans of the country, shipment is
expected from the contain distribution Point to distinction, and arias freight will be InfoctW from Invoice when
shipments are made tram greater distance.
Permits. Seller shall pressure at sellers sole cost all necessary permit, catificates and lirroms required by all
applicable laws, regulations, ordinances and rates of the site, municipality, tenimry or political subdivision where
the work is performed, or acquired by any other duly announced public authority having juriuliction over the work
of vendor. Seller further agrees to hold the City of Fan Collins harmless from and against all liability and loss
named by them by reason of an summed or established violation orany such laws, regulations, currencies, rates
rd requi men..
Authorimtion. All planes to this contract agree that the representatives are, in fact, bona tide and possess full and
complete authority in bind said parties.
LIMITATION OF TERMS, This Purchase Order expressly limits acceptance m the terms and conditions sound
herein set forth and any supplementary or additional teems and conditions annexed hereto or incorporated hertin by
reference. Any additional or differed tares and conditions proposed by roller am objected r0 and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately drying cannot make complete shipment to arrive no your
promised delivery dale as noted. Time is of the essence. Delivery and Performance most be cffbctcd within the time
stated on the purceau order and the documents muchd hereto. No he. of fie remhaurs including, without
limitation, acceptance of panel late delivenes, shall cream as a waiver of this provision. In the went of any delay,
the Purchaser shall have, in addition to other legal and equitable remedies, the option crediting this order elsewhere
and holding the Seller liable for damages However, the Sella shall not be liable for damages as a result of delays
due to causes era unsoundly foreseeable which are beyond its onexamble central and without its fault ofnegligence,
such are, of God, acn of civil or military authorities, governmental priontics, Gres, stakes, flood, epidemics, won or
non provided that notice of the conditions causing such delay is given to the Pumhmer within five (5) days of the
time when tine Seller first received knowledge thereof. In the event of any such delay, the dam of delivery shall be
extended far tee prriani equal a the time actually lost by reaon of the delay.
3. WARRANTY.
The Sella wmmant that all goods, articles, mmeriak and work covered by this order will conform with applicable
drawings, specifiandem, samples m gam other down fiiom given, will be fit for the purposes internal and
performed with the highest degree of care and comeetena in accordance with accepted standard for work of a
similar nature. The Seller agrees m held the parthaser harmless from any loss, damage or expense which the
Purchaser may suffer or incur on account of tee Sellers breach of wormnry. The Sella shall replace firm if or stake
Bowl without cost to the pumLizer, any deferds or faults arising within one (I) year or within such longer period of
time as may he prescribed by taw or by the norm army applicable wnmdnry Provided by the Sella after the date of
ometame of the goods famished hereander (arnptanee not to te umnasombly delayed), resulting from imperial
or defective work done or materials f ished by the Seller. Acceptance or use of goad by the Purolator shall not
constitute a waiver of any claim under this wmrea ry. Except as otherwise provided in Nis purchase order, the Sellers
liability hereunder shall extend to all damages proxlma rly amed by the beach of any of tee fateming win rsntims
or guarantees, but inch liability shell in no event include lass of profits 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 mass by women change ardor.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to tee tams, other than legal terms, including additions to or deletions Be.
the quaniues originally ordered in the specifications or drawings, by r'ertal or x'dnen change order. If any such
change affects the amount due or the time of,infic mane hereunder, an equitable adjustment shall he made.
6. TERMINATIONS.
The Purchaser may at any time by wmta change order, terminate Nis enactment as a any art all paniotn of the
goods then not shipped, subject many equitable adjustment Nausea, Ne pm-ies as to any work or materials then in
progress provided that tee Purchaser shall not he liable for any claims for anticipated profits an the uncompleted
portion of the good author work, for incidenerl m consequential damages, and that no such adjustment be made in
favor of the Seller with respect many good which art the Sellers standard stock. No such termination shall relieve
the Purchaser or fire Seller army affair obligations as many goods delivered hereunder.
T CLAIMS FOR ADJUSTMENT.
Any claim for adjmtment must be maned within thirty, (30) days fmm the dam the change or termination is
ordered.
8. COMPLIINCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fumishcd in stria
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and
deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he
nevrpoated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the pumhaa harmless from all casts and damages suffered by the Purchaser en a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, consfer, or convey this order, or any monies due or to become due hereunder without he
prior written consent of the other party.
10. TITLE.
The Sella warrants bill, clear and unfaucted title to the Pumhacer for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest
encumbrances and claims of others.
11. NONWAIVER.
Failure of the Purchaser to insist upon strict performance of the lemss and conditions hereof, failure or delay to
exercise any rights or mnedia provided herein or by law, failure to promptly notify the Seller in the event of a
branch the acceptance oI a, payment far goods hereunder or approval of the design, shall not elease the Seller of
any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the
pardoner to most upun sun performance hcrrofo any of its rights or lemedies as to any such goods, regardless
of when shipped, received or accepted, to to any prior or subsequent default formation, Our shall any gowned
oral modification or rescission of this purchase order by the Purchaser operate in a waiver of any of the train
hereof.
12, ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust
violations are in ]act home by the Pumhner. Tharromm�fo'good cone and as consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may new have or hereafter
acquired under federal or state antitrust laws for such o emharges relating to the particular goods or services
purchased or acquired by the Purchaser pursuant to this purchase order.
13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifilm Purchaser directs the Seller to corer, nonconforming or defichum goods by a dine to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness at comply, the Purchaser
may cause the work to he performed by the most expeditious means available to it, and the Seller shall pay all
costs coma.mil with such work.
The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any ram e
resulting from the performance of such work.
This release shall apply even in the avant of real, of negligence of Be party relented ail shall extend to the
dirermis, officers and employees of mch parry.
The Scller's contractual obligations, including warranty, shall not be domed to be reduced, in any way, becmae
such work is perfrtned or caused to be, performed by the Purchaser.
14. PATENT'S.
Whenever the Seller is remind] to use any deign, device, material or process covered by lever, patent, uademaA
or copyright, the Seller shall indemnify and cove harden the Purchaser from any and all claims for infringement
by reason of the use or such parented design, device, material or process in connection with rise compact, and
&ball indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason or such
infringement of any time during the prosecution or after the completion of the work. In case said equipment, or
any pan thereof or the intended use of the goods, is in such suit held m or mrimm infringement and the use of
said equipment or pm is enjoined, the Sella shall, at in own expense and at its option, either procure for the
Purchaser the right so continue using said compreem or pan , replmc the tame with ministerially Nod but
naninfringing equipment or modify it m it becomes noninfdagmg.
15. INSOLVENCY.
If the Seller shall become imolvem or bmdmpt, make an aaignmem far be benefit of creditors, appoint is
receiver or mature for any of the Sellers pame ty or business, this order prey forthwith be canceled by the
Purchaser without liability.
16, GOVERNING LAW.
The definition of corms used or the interpretation of the agreement and the right oral[ Parties hereunder shall be
consuued under and governed by the laws ofdre Scale of Colorado, USA.
The following Additional Conditions apply only in cases where shr Seller B to perform work hereunder,
including the services of Sellers Reposentalive(s), on the promises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall eatery on said work in Sellers own risk until the tame is fully eompined and soapier, and shall,
in near of any accident, destruction or injury to the work coal materials before Sellers foil completion and
acceptance, complete the work m Sellers awn re penis and to the satisfaction of the Purals . When mnfach,
and aryipmed art famished by others for installation or acclion by the Seller, the Sella shall ionise, unload,
one anJ handle some at the site vad become maharani nharefor as though such matenals anNor, equip pearl
were being famished by tee Sella under the order.
Ig. INSURANCE.
The Seller shall, at his awn expmse, provide fur she payment of workers mm innation, including oournmeml
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
w ri/m to their dependents in accordance with the laws of the scale in which the work is to he done. The Seller
shall also arty mmprehcmive cereal liability including, but cut limited to, contractual and automobile public
liability imumnce with bodily injury and death limits of at least S30o,mlr for any one permn, S500,0(t) for any
one accident and properly damage limit per accident of $400,000. The Seller shall likewise require his
it any, to provide for such com,awasumn and insommance. Before very of the Sellers or his contractors
employees shall do any work upon the premises of others, the Sella shall famish the Purchaser with a ccrtificam
that such compensation and insurance have been provided. Such cenifcamn shall specify the Jam when such
compensation and insurance Live ban provided. Such certifiates shall specify the date when such compensation
and imumnce expires. The Seller agrees that such compensation and imumnce shall be maintained until alter the
entire work is completed and accepter.
I%PROT ECf10N AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby resumes the entire remomibiliry and liability, for any and all dzrnage, loss or injury crony kind
Or metre whroasemr to person or property caused by or resulting from the execution ofthe work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold hmmlaw the Purchaser and any
or ell of the Peru". Officers, ,at. end employees fmm and against any end all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person; or properly to which the Purchaser may
he put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his
ommctors, or any of the Seller or continuous officers, agents or employees. In case any suit o other
preceding, shall be brought against the Puncheon, or its officers, agents or employees at my time on account or
by rtewn of any mt, action, neglect, omission or default of the Seller of any of his contractors or any of its or
their oRcem, agents or employees as aforesaid, the Seller hereby agrees to assume the defame thereof and to
defend the same err the Sellers own expense, to pay any and all costs, charges, anomeys fees and other expenses,
any and all judgments thal 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 case judgment or other lien be placed upon or
obtained against the property of the Purchases, or said ponies in or as a result of such suits or other proceedings,
,he Seller will nl once cause the some to he dissolved and discharged by giving bond or otherwise. The Sell,, and
his contractors shall take all safety prreamions, famish and install all gmads 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 Act of 1970 and at I rules and regulation issued pursuant thereto.
Revised 03Rolo