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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9142961 (3)PO PURCHASE ORDER 9142961 Page City of PURCHASE 9142961 1 °f z ' `t Collins lins This number must appear V ` �7 on all invoices, packing sli s and labels. Date: 10/30/2014 Vendor: 166269 Ship To: WATER UTILITIES GARNEY CO INC CITY OF FORT COLLINS 7911 SHAFFER PKWY 700 WOOD ST LITTLETON CO 80127 FORT COLLINS CO 80521 Delivery Date: 10/29/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price 3 CO#1 credit 1 LOT EA -114,758.30 per requisition 48364 a CO#1 credit 1 LOT EA -14,183.61 Natural Areas req 48391 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 i M91,i11111il Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Pumhase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemption. By statute the City of Fan Collins is exempt from state and local taxes. Our Exemption Number is 11. NON WAVER. 98A1502. Federal Excise Tax Exemption Certificate of Registry B4fi000582 u registered with the Collmtor of Failure of the purchaser to insist upon strict performance of the terns and condition beret, failure or delay to Internal Revenue, Denver, Colorado (Roil Colmmdo Revised Stadia 1923. Chapter 39-26, 114 (a), onariw any rights ar remedies provided herein or by law, failure to promptly miffy the Seller in the event of a breach, the inceptawe of or payment for goods h rmutaler or approval of the drugs, shall rot release the Seller of Goods Rejected, GOODS REJECTED doe to failure m meet spent fintlons, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be do med a waiver of any right of the damage in transit, may be retuned to you for credit and are not to be replaced except upon receipt Of written purchaser to insist upon strict performance hereof Or any of its rights or remedies as to any such goods, regordlas Instructions from the City of Fan Collins. of when shipped received or accepted, s to any prior or subsequent default hereunder, nor shall any promos ed am[ modification or rescission of Ws purchase order by the Purchaser operate so, a waiver of any of the terms Inspection. GOODS are subject o the City of Fan Collin imputation on arrival. hi maf. Final Acceptance. Receipt of the merchandise, services or rquipmmt in law'. to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised pymet on the pan of the City of Fan Collins. However, it is to be understood that FINAL Sella and the Purchuer meadow that in actual economic practice, overcharges resulting from summit ACCEPTANCE is dependent uponecomtinn ofall applicablerequired inspection procedufes. violations are infant home by the Purchaser. Theretofore, for good cause and m consideration for exemfing this Purchase order, the Seller hereby assigns to the purchaser any and all claims it may now have or herea0m Freight Terror. Shipments most be F.O.B., City of Fort Collins, VW Woad St, Fan Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goats or services otherwise specified on this order. If permission is given to prepay freight and charge imparetely, tho original freight purchased or acquired by the Purchaser pursuant m this purchase maker. bill most inmmmnv means. Additional charges for oackmg will not be accepted. Shipment Distance. Wberc manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made tram greater distance. Permits. Sella shall pmcurc at sellers sole curt all naesso, permits, mr-ifiestas and liemsa required by all applicable laws, regulations, ordinance and rules of the sum, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having judulimion over the work Of vendor. Seller further agrees to hold the City of Ton Collins harmless from and against all liability and loss incurred by them by reason of an asserted at established violation of any such laws, negotiated, ordinerms, males and requiremema. Aulhoriratuto All parties us this contract agree that the reptrsamemives are, N fact, ham file and possess full and complete authority 1r bind said penis. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the tenor and conditions sated herein set both and any supplementary or addition) rams, and conditions annexed hereto or incorporated herein by rammnee. Any additional or dlfirminto u and conditions proposed by sell, ere objected to and herby rejccled. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date m nomad. Time is of the.... Delivery it prforamner most by iffixted within the time stated on the purchase order and the documents attached hereto. No acts of the Purchuer, including, without liminu n, acceptance ofpanial ],are deliveries, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and aquit hic remedies, the option at 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 Out reasonably farssable which are beyond its peraw able control anal without its fault of mgligmea, such acts of Dead, erns ofcivil or military authorities, gm:evtneul priorities, fines. strikes, flood, epidemic, wars or carts provided that notice of the cons iliom causing such delay is given to the purchaser within five (5) days of the time when the Seller first received knowledge thereof. In fire event of any such delay, the date of delivery shall be extended for the period equal to the time actually last by reason of the delay. 3. WARRANTY. The Sella wattants that all goods, articles, numnals and work covered by this order will conform with applicable drawings, specifiwatons, samples an/'al same, description given, will be fit for the proposes intended, and performed with the highest degree of ere and competence in incardatme with accepted standard for week of a imilar nature. The seller agrees m held the purchaser harmless from any lass, damage or expense which the Pumhaaer may suffer or incur on ancound of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cast to the pumhaseq any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the team of any applicable warmly provided by the Sella after the date of acceptance of the good famished borehole, (acceptance at to be urea 11AY delayed), malting from imperfecr or defective work dove or matariah, famished by the Sella. Arwptance or use of goad by the Pa chaer shall not conclude is waiver of any claim under this warranty. Except as otherwise provided in this purchase We, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing aananfies or guarantees, but such liability shall in no event include loss ofpmfits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchua may make changes to legal terms by wriae change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the corms, other than legal moms, including aWditions to or deletions from the quantities originally ordered in rise specifications or drawings, by verbal or written change order. If any such change affects formation amour due or the time of performance hereunder, an equitable adjmlmerd shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement es to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anricipmd proN, era the uncompl,ed mutant of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with inspect to any good which art the Sellars standard stork. No such andrivtion shall relieve the pumhasa or the Seller of any Ftheir obligaiom u to any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days tram the dote the change or teratitwtion is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants Nat all good sold hanumb, shall have bet produced, sold, delivered and f ished in strict compliance with all applicable laws and regulations an which the good are subject. The Seller shall execute and deliver such documenrs as may be required to effect or evidence compliance. All laws and regulations required 10 be incorporated in p mmunts of this character am hereby incorporated herein by this mfermce. The Sella pgress 1. indemnify and hold the Purchaser harmless from all duns and damages suffered by the Purchase as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, trumfer, or convey this order, or any moms due or 10 become due hereunder without the Prior written consent of the other party. I O. TITLE, The Seller warrants full, clear and umatricted title to the Purchases for all equipmmL maerials, and items furnished is performance of this agreement free and clew of any and all diem, mtrictiom nserreuons, seruriry intent eacumbrtme. and claim ofi thers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Enchanter directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillinbness to comply, the purehaser may cause the work to be porformed by the most expeditious means available to it, and the Sella shall pay all costs intimidated with such work. The Sella shall release rise Purchuer and its contractors of any tier from all liability and claims of any nature resulting form the performance ofsuch work. This release shall apply even in the event of fault of negligence of the pay released and shall extend to the directors, officers and employees of such pay. The Sellers commensal obligations, including commodity, shall riot be do mst to be, reduced, in any way, because such work is performed or exceed to be performed by the Pwchasa. 14. PATENTS. Wines, nes, the Seller is required to .,a any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchuer from any and all claims for infringement by reason of the use of such prated design. device, material or process in connection with the contract, and shall indemnify the Purchases for any cast, expense or damage which it may be obliged to Jury by eswn of such infringement at any time during the prosecution or after the completion of the work. In caw said equipment, or any pun thereof or the intended me of the goods, is in such suit held m constitute infringement and the use of said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment ar pans, repline the same with substantially equal but noninfringing equipment or modify, it so it becomes inninfdnging. IS. INSOLVENCY. If the Sella shall become insolvent or baN:mpt make an assignment for the benefit of ctedaors, appim a receiver m compeer, for any of the Sellers property or business, this order may forthwith be canceled by the Purchma without liability. 16. GOVERNING LAW. The defessiom of teem used or the interpretation arms agreement and the rights ofall parties hereunder shall be mutmcd under and governed by the laws ofhe Some ofCoinsdo, USA. The following Additiond Condition apply only in cases where fire Sella is to perform work hereunder, including the services OrSellers RWrewnmtive(s), on the premises of others. 10. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller own risk until the same is fully completed and accepted, and shall, in ones, of my incident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the purchaser. When mends and equipment are famished by others for installation or caution by the Sella, the Sella shall =save, unload store and handle same a the sae and became responsible therefor a though such materials andor q.i,.t were being Iranian by the Seller under the order. 19. INSURANCE. liar Seller shall, ed his own expense, provide for the pymef of work. compensation, including accupalimwl disease briefts, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the shire in which the wort is 1n be done. The Seller shill also tarty comp themive general liability including, but not limited to, contramual and automobile public liability insurance with Mdily injury and death limits of at least 5300,O00 for any one person, $500,000 for any .no accident and pmpeery damage limit per accident of 5400,000. The Seller shall likewise equire his mntmcmrs, if any, to Provide for such campeossmion and insurance. Bet any of the Sellers or his commctms employees shall do any work upov the premises of others. the Sella shall bonds the Pmchsser with a certificate final such compensation and insurance have been provided. Such mummers shall spaify the date when such compensation and insurance have been provided. Such eenificems 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. no Sella hereby assumes the entire nspomibility and liability for any it all dandagq lass or injury ofany kind or mature whatscee to porous or property caused by or mulling tram the execution of the work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers officers, agents and employees from and optimal any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether to persons or pmpMy as which the Purchaser may M put or subject by reason of any act, anion, neglect, omission re default on the pour of the Sella, any of his contractors, Or any of the Sellers or amprommis officers, agents or empinyces. In caw any is or other proceedings shall be brought against tar pumbamr, or its olEcers, agents or employees at any time ead servant err by reason of any act, action, neglect, omission or default of the Seiler of any of his contractors or any of its or their officers, agents or employees as aforesaid, fire Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers over expense, to gay any and all costs, charges, mlomeys fees and other expenses, any and all judgments that may be incurred by or obtained almost the Pu chater 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 obuimd against the prolserry of thr Purchaser, or said parties in or as a result ofsuch suits or other prrceedivgs, the Sella will at once muse We same to M dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety prccautio e, famish and install all gdamix necessary for the pmvention 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 all males and regulations issued pursuant thereto. Revised O2l2014