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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9145869Fort Collins Date: 10/10/2014 Vendor: 166269 GARNEY CO INC 7911 SHAFFER PKWY LITTLETON CO 80127 PURCHASE ORDER PO Number Page 9145869 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: 10/10/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price EMERGENCY RESPONSE TO REPAIR 1 LOT LS 9,831.00 MICHIGAN DITCH 7089 Water, WW & 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 Total Pay terms net 30 days 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 surface the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is IL NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenificme of Registry 84.6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the teams and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Scamtu 1973, Chapter 39-26,114 (a), exercise any rights or remlies provided bocci. or by law, failure to promptly wtify no Seller in the event of is breach, the acceptance of. payment for good hereunder m approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure m meet specifwtions, dNer when shipped m due to defects of any of the warrantyt. 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 art not to be replaced except upon receipt of written purchaser to insist upon stria performance hereof or any of its rights or families as many such good, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oml modi Reunion or rescission of this purchase order by the Purchaser operate as a waiver of any of the teems Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. heral Final Acceptance. Receipt of the merchandise, services or equipment in respoae to this oNer can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. .mdarrood payment on the part of the City of Fan Collins. However, it is R he understood that FINAL c Seller :cod the Purchaser recognise that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations am in fact home by the Purchaser. Harangue, for good cause and as consideration for executing this pureluu order, the Seller hereby maiga m the Porchuer any and all claims is may now have or toreador Freight Terms. Shipments must be F.O.B., City of Fort Collins, 900 Wood St, Far Collins, CO 80522, It. acquired under federal or scale anament laws far such overcharges relating to The particular Good or services otherwise specified on Nis code,. If per¢sion is given to prepay freight and charge separately, the original freight purchased or acquired by the Purehaur pursuant to f ais 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 carious pans of the country, shipment is Raw Purchaser directs the Seller to court nonconf ing or defective goods by a dte as la, agreed upon by the expected from the named distribution point to destruction, and execss freight will be natural from Invoice when Purchaser and the Seller, and the Seller thereaate indicates its muddily in unwillingness to comply, the Purchaser shipments are made from greater distanre. may cause the work . be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. Perils. Seller shall procure at sellers sole can all necessary pvaries. certificates and licenses required by all ,,liable laws, regulmions, ordinances all rules of the store, municipality, temmry, o, political subdivision where The Seller shall release the Purchaser and its contractors of any tier fmm all liability and claims of any rarore the work is performed, or required by any other duly uncommon on public authority having jurisdiction over the work resulting from the performance of such work. of vendor. Seller fuller agrees to hold the City of Fort Collins harless from and against all liability all loss incurred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, roles This release shall apply even in the evem of fault of negligence of the party released and shall extend to the and requirements, docc ors, officers and employees ofsuch parry. Authorimator. All panics to this contract agree dust the repteuntaaves are, in fact, W. fide and possess full and The Selld. commensal obligmiotts, including warranty, shall not be demur to be reduced, in my way, because complete authority to bind said parries. such work is performed or caused to be performed by the Purchaser. LIMITATION OF TERMS. This Purchase Order expressly limns acceptance to the Runs and eamdumns staled herein set fort and may supplementary or additional tents and candomes notation here. to accessional herein by reference. Any additional or diRearm terms and condimars proposed by seller are objected an and hereby rejectl. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to noise on you, promised delivery date as noted, time is of the essence. Delivery and performance most be diecled within The time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without Radiation. acceptance urger d late deliveries, shall operate as a waiver of this provision. In the event of any delay, Ne Purchaser shall have, in addition at oNer toga] all ryvimble rom ohm, The option of placing 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 are beyond its reasonable control and without as fault of negligence, such acts i God, ark of civil a military, authorities, govemmeoul pdonfa, fires, makes, flood, efidecturies, wars or dots provided than .mice of the .Mon.- and, such delay is giver to the Purchaser within five (5) days of the time when the Seller fill received knmsilge thereof. In the evem of any such delay, the dare of delivery shall be extended for the period peal to the time aemally last by reason ofthe delay. 3. WARRANTY. The Seller wmmnts that all &cod, articles, m terick coal work covered by this order will cantor with applicable drawings, specifications, samples andror other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted sandals for work of a similar nature. The. Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or occur on account of the Sellers breach of warranty. The Sella shall replace, repair or rreke gaol, without canto are purchaser, any def is or faults arising within mR (1) year or within such longer period of time as may be prescribed by law or by are arms of my applicable warranty provided by the Seller urger the date of acceptance of the gaols fmished hereunder (acceptance not to be unreasonably delayed), resulting fiver imperfect or defective work done or materials famished by The Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this warranty. Except u otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately mused by the breach of my of the f going wamnties or goon mxs, but such liability shall in no event include lass of profits a loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may rake changes to legal terms by wnnm change order 5. Cl IANGES IN COMMERCIAL TERMS. The Fortunrn may make any changes .the .,her than legal terms, including additions to or deletions from due quantities originally ordered in thespecifications or drawings, by verbal or wrinen change order . If any such change afTxts the amount day or the time ofperfmmmhn e neudm et equitable adjuume tnt shall b, made. 6. TERMINATIONS. The Purchaser may at any time by wrinen change order, wrtinme this agreement as to any or all portions of the goad then not shipped, subject to my equiable adjustment between the pries as to any work or materials then in pmgrers provided that the Purchaser shall not be liable for my claims for anticipated pro in on the uncomplem portion of the gains small work, for incidental or wmequemial damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stack. No such munition shall relieve the Purchaser or the Seller of.,, of their, obligations as to any gisod delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjuument most be mscrted within dairy, (30) days from the date Ne change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Nat all goods sold formula shift have been produced, sold, delivered and fumishl in start compliance with all applicable laws and regulations to which the goods ere subject The Seller shall execute and deliver such documents as may be Rgoired to effect or evidence compliance. All laws and regulations almost to M incorporated in agreements of this character are hereby incorporated haein by this reference. The Seller agrees to indemnify and hold the Processor harless fmm all costs and damages suffered by the Processor as a rests of are Sellers failure ao comply wits such law. 9. ASSIGNMENT. Neither Early shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written correct of the other parry. 10. TITLE. The Seller womnts full, clear and unrestoned title to the Purchmer for all equipment materials, and items furnished in Eafrance of this agreement, free and clear of any and all liens, restrictions, reservations, security interest encumbrances and claims i fothets. 14. PATENTS. Whenever the Seller is acquired ro me any design, device, mmenal or process covered by letter, patent trademark r copyright, the Seller shall indarra y and save harless the Purchaser form any all all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indoor ify the Purchaser for any mom, expense or damage which it may be obliged a, Jury by confirm m such raningement at 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 good, is in such suit held to constitute infringement all the use of said equipment or pan is e joined, the Seller shall, m its own ea,. all at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but ruin fringing equipment, or modify it so it becomes ra ninfrrnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt make an assignment for the benefit of credimrs, appoint a waver or trustee for any of are Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnitioa of terns fixed or the interpretation ofthe agreement all the rights ofall parries hereunder shall he cmkmed under and governed by the laws ofthe Sure ofColomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller is m perform work hereunder, including the services M'Sclkrs Represenative(s), an thepro promises i fathers. 17. SELLERS RESPONSIBILITY. The Seller shall carry, on said work at Settees own risk until the same is Rally completed and accepted, and shall, in ace of any accident, destruction or injury to the work and/or materials before Seller's ❑m] completion and anceyrance, complete the work at Seller's own expense and to the satisGction of the Purehsscr. When mmmds all equipment me famished by others for iare taini g. or ection by the Seller, the Seller shall receive, unload, store and handle same to the site all become mutuaible therefor as though such materials andor exEnpmem were being famished by the Sella under the order. 18. INSURANCE. The Sella shall, at his own expeae, provide for the paymmt of workers compensation, including occupation disease benefits, to its employees employed on or in connection with Ne work covered by this putehou 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 mmpabe.... c general liability Including, but not limited m, mntrecwal and automobile public liability insurance with hardly injury and death limits of at local S300,000 for my one person, S500,000 for my one accident and property damage limit per accident of SIO0,000. The Sella shall likewise require has raaom if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shag do any work upon the premises crothers, the Sella shall famish the Purchmerwith a canineme that such compensation and insurance have been provided. Such certificates shall specify the Jute when such compensation and insurance have been provided. Such of ificares shall specify the doe what such comperwtion and insurance expires. The Seller agrees than such compensation all iaurarke shall be mmmatiad until after the enure work is completed unit accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entim rupoaibiliry and liability for my and all damage, loss or injury ofany kind no whmmmor, m pecmns or property, caused by or resulting form Ne execution of the work provided for in this purchase order at in connection herewich. The Sella will indemnity all hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees Room and against my 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 reason of any act, action, neglect, omission or default on the Fan of the Seller, any of his contractors, at my of the Sellers or arricanars officers, agmts or employccx In case my suit or other proceedings shall be brought against the Purchaser, in its officers, agents or employees at my time on account or by reason of any act, action, neglect, omission or default of the Seller of my of his controdors or my of its or their officers, agents or employees is aforesaid, the Seller hereby agrees . assume the deface thereof and to defend the same at the Sellers own expense, to pay my and all costs, charges, attomey,i f es and offer expemes, any and all judgments Out may be incurred by m abuical against the Purchaser or my of its in their officers, agents or employees in such suits or other proceedings, and in cue judgment or other Jim be placed upon or obtained against the progeny of the Purchaser, or said parties in or as a result of such soak or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller all his contractors shall cake all safety precautions, famish and install all guard necessary for the prevention of accidents, comply wiN all lass and regulation, with expand to safety heading, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant dicrem. Revised 07R014