HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9140830 (2)Fort Collins
Date: 12/08/2014
Vendor: 166269
GARNEY CO INC
7911 SHAFFER PKWY
LITTLETON CO 80127
PURCHASE ORDER
PO Number Page
9140830 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: 12/08/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
2 CO#1 per requisition 48809
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.mm
1 LOT EA
36,108.43
Total
Pay terms net 30 days
Invoice Address:
108.43
City of Fort Collins
Accounting Department
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 Pon Collins is exempt from state and local taxis. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of
Failure of the Purchasce to insist upon strict performance of the terms and conditions hereof, failure or delay as
Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Sutures 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein or by law, failure to pmmplly notify ere Seller in the event of e
breach, the accsprance ofor payment for goods hereunder orapprovel ofthe design, shall not release the Seller of
Good Reelected. GOODS REJECTED due to failure in men speifications, either when shipped or due to 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 N trmssit may be eerumed w You for credit and are rat to be replaced except upon receipt of wren
purchaser W insist upon strict performance fe,reofor any of its rights or remedies as w any such good, regardless
instructions from the City of Fort Collies.
of when shipped, received or accepted, as to my prior or subsequrnt default hereunder, nor shall any Imposed
oral modification or rescission of this purchase order by the Reaction operate as a waiver of any of the toms
Inspection. GOODS we subject o the City ofFort Collins inspection on arrival,
hereof.
Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in
12, ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the pan of the City of Fort Collim. However, it is to be understood that FINAL
Seller and the Purchaser recagnae that in actual es, is practice, o erchances resulting from atiumat
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the purchaser. Theretofore, for good cause and as consideration for executing this
purchase order, the Seller hereby assign to the Purchaser any and all claims it may now have or hereafter
Freight Tenses. Shipments most be F.O.B., City of Fort Collins. 700 Wood Se, Too Collins, CO 80522, unless
acquired under federal or some antitrust laws for such overcharges relating to the particular good or services
otherwise specified oa this order. If Femtinion is given to prepay freight and charge separately, the original freight
purchased or acquired by the Foundation pursuant to this purchase order.
bill most accompany invoice. Additional chances for parking will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various Pans of the country, shipment is
expected from the nearest distribution print m deatiatlon, and excess freight will be deductevl from Invoice when
shipments or rude frum gremer distance.
Permits. Seller shall procure or sellers sole cost all necessary famous, ceniftcates and licenses required by all
applicable laws, militarism, endurances and mles of the state, municipality, memory o Political subdivision where
the work is performed, or ecquiad by any other duly constituted public authority having jurisdiction over the work
of vendor. Seller number agrees eo hold the City of Fort Collins hamtless form and against all liability and loss
incurred by them by reason of or asserted or established violation of very such laws, regulations, ordinances, mles
and regviremenn.
Authorization. All parties in this contract agree that the representatives are, in fact, From fide and possess full and
complete authority to bind said parries.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance is the terms and conditions stated
herein set foM and my supplementary or additional eems said conditions numerical hereto or incoryomted herein by
reference. Any additional or different terms and conditions Imposed by seller art objected to and hereby jetted.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENTimmediately ifyou cannot make complete shipment In cents oa your
promised delivery date as noted. Time is of the essence. Delivery and Prof.—..,. must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Pmdmcm including, without
limitation, acceptance of partial late deliveries, shall nFomm as a waiver of this provision. In the event ofany delay,
the Purchaser shall have. in addition a other legal and equitable amedies, the option of placing this order elsewhere
and holding the Seller liable for damages. However, the Seller shall at be liable for damages res a result of delays
due,. causes not..My foreseeable which are beyond its eersmable control mad without its fault i f negligence,
such ass of Gad, sets of civil or military authorities, govemmrnlal priorities, fires, strikes, Bond, epidemics, wars or
no¢ provided that notice of the conditions causing such delay is given to the Purchaser within Five (5) days of the
time when the Seller first received knowledge thereof. In the event of any such delay, the date of delivery shall he
extended for the period equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all good, articles, materials and work covered by dies artier will conform with applicable
dmwivgs, specificatiom, sample singer other assoriptioa given, will be to for the professes intended, and
performed win the highest degree of care and c rnmery ce in accordance with accepted mallards for work of a
similar nature. The Seller agrees to hold the purchaser harmless from my loss, damage on 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 purchase, 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 terms of my applicable warranty provided by the Seller after the dam of
acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfat
or defective work done or materials fomishrd by ere Sells. Acceptance or use of goods by the Purchaser shall at
constitute a waiver of any claim ceder this wvranry. Except ss otherwise provided in this purchase order, ere Sellers
liability hereunder shall extend to all damages proximately caused by the beach of my of ere foeegaing warranties
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes W legal terms by written change order.
5. CHANGES IN COMMERCLI6 TERMS.
The Purchaza may make any changes to the it., other than legal lama, including adi itimas to or deletions fmm
the quantities originally ordered in the specifications or drawings, by vclbal or written change order. If any such
charge affects he amount due or the time ofperfornace hereunder. an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, mandianle this agreement as to any or all portions of the
good then not shipped, subject W 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 anticipated profits oa the uncompined
portion of line good and/or work, for incidental or consequential damages, and that use such adjustment her made in
favor of the Seller with respect as any gaols which am the Sellers standard stock. No such termination shall relieve
But Pumhaer or the Seller of ay ofrMir obligations as w any gad delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is
mdcmd.
8. COMPLIANCE WITH LAW.
The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in strict
orepliance with all applicable laws and regulations w which the good are subject The Seller shall execute and
deliver such documents as may W retained to effect or evidence compliance. All laws and regulations required w be
incorporated in agreements of Nis character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaer harmless fmm all no and damages suffered by use Purchaser as a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither perry shall assign, transfer, or convey this order, or any monies due or to baame due herstra er without the
Poor wnOm corurat of ere othe, party.
10. TITLE.
The Seller wsranls full, clear ad unnstrined title w the Purchaser for all equipment, mmcnals, and it. furdhed
in performance of his agreemevr, free end clear of any and all Item, resnictiom, reservations, saurity interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforming or defective good by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness in comply, the Purchaser
may cause the work to to performed by the most expeditious means available to it, and the Seller shall pay all
costs associated wild such work.
The Seller stall ud. the Purchaser and its contractors of my tier fmm all liability and claims of any azure
msulting (ram the performance ofsuch weak.
This release shall apply even in the event of fault of negligence of the pant reloased and shall extend to fire
directors, aRcers and employees of inch party.
The Seller's contractual obligations, including warmly, 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 Sells is required to one any design, device, mmenal or process co eyed by letter, patent trademark
or copyright, the Seller shall indemnify and save hamtless Ne Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, mammal or process in connection with the contract, and
shall indemnify the Purchaser for any 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 equipment, or
any pan thereof or the intended use of the good, is in such suit held to constitute infn'agemem and the use of
said equipment or Pan is enjoined, the Seller shall, at its nun expense and al its option, either p.me for the
Purchaser the right w continue using said equipment or pans, replace the same with substantially equal but
aninGrrging equipment, or modify it so a becomes aninffi.,m,.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
or trusue for any of the Sellers property or business, this order may forthwith be canceled by the
Purchaser without liability.
16. GOVERNING LAW.
The defedtions ofee. toed or Nc interyenation ofthe agreement and the rights of all parties M1ereunder shall be
construed under and govxmcal by the laws ofthe Stare of Colorado, USA.
The following Additional Conditions apply only an cases where the Seller is to perform work hereunder,
including ere services of Sellers Repremendive(s), on ere premises of ollus,
17. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall,
in curve of my accident, destruction in injury to the work and/or matenals before Seller's fool completion and
sa repta^re, complete ere work at Sellers own expense and to the satisfaction of the Purchaser. When maemak
and equipment art thmuhed by others for installation or erection by the Sella, the Seller shall receive, unload,
,tort ad handle same at the site and become responsible therefor as though such m undids ardor exnipmat
were being firenished by the Seller under the order.
18. INSURANCE.
The Sells shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to its employees employed on or in connection with the work covered by this purchase order,
and/or to their depeadcas in accordance with de, laws of the state in which the work is to be dos. The Seller
shall also carry, comprehensive grneml liability including, but at limited w, mmracteal and atomobils public
liability insurance with bodily injury and death limier of at least 5300.00o for any me, person, S50 ,000 far any
accident and progeny damage limit per accident of S400,000. The Seller shall likewise require his
creaminess if any, to provide for such compensation and insurance. Before any ofthe Sellers an his coutractors
employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cerlifiate
that such compensation and insurance have been provided. Such cemificmes shall sp ssfy the date when such
compensation and insurance have been provided. Such cenuficztes shall specify file date when such compensation
and insurance expires. The Seller spans that such cum amerem n and insurance shall be mortained until after the
.mire work is own, leed and accepeed.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby essumc the entire responsibility and liability for my usual all dveage, loss or injury of my kind
or mount whatsoever to persons or pmperry caused by or resulting fmm the execution office work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any
r all of the Purchusers officers, agents and employees from 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 reason of any act, action, neglect, omission or default an the Pan of the Seller, my of his
contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or order
proreedings shall be brought against the Purchaser, or its officers, aged or employees at my time on acawt or
by reason of any on, action, neglect, omission or default of the Seller of my of his contractors or my of its or
their officers, agents or employees as aforesaid, ere Seller hereby agrees I. assume ere defense thereof and to
defend the same at the Sellers awn expense, to pay my and all costs, changes, atuarni fees and other exile evs,
any and all judgments that may be inured by ar 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 ofthe Purchaser, or said parties in or as a result of such suits or other pmceedings,
file Seller will at once cause the same an be dissolved and discharged by giving bond or otherwise. The Seller and
his contractors shall take all safety precautions, f ish and insist] all guard nmessary for the prevention of
accidents, comply with all laws and regulations with regard to safety including, bur wino., limiation, the
Occupmional Safcry and Health Act of 1970 and all roles and reRrimios isstted pursuant thee m.
Revised 07n014