HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9147340Fort Collins
Date: 12/11/2014
Vendor: 166269
GARNEY CO INC
7911 SHAFFER PKWY
LITTLETON CO 80127
PURCHASE ORDER
PO Number Page
9147340 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: ENGINEERING DIVISION
CITY OF FORT COLLINS
281 N COLLEGE AVE
FORT COLLINS CO 80521
Delivery Date: 12/11/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
3 E. Prospect Bridge Repairs
Engineering's portion
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@fogov.com
1 LOT LS
12,525.00
Total $12,525.00
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. COMMERCIALDETAILS.
Tax exemptions. By statute the City of Fon Collier is exempt from state and local taxes. Our Exemption Number is
11. NON WAIVER.
98-04502, Federal Excise Tax Exemption Cenificatc of Registry 84-6000587 is registered with the Collector of
Failure of the Purchmer an insist upon strict performance of the terms and conditions hereof, failure or delay to
]memo] Revenue, Denver, Celina& (Ref. Colorado Revised Samoa 1973, Chapter 39-26, 114 (a).
exercise any rights or remedies provided herein in by law, failure To promptly notify the Seller in the event of a
breach, the acceptance of or payment for goods hereunder or vpproval of the deign, shall at release the Seller of
Goods Rejected. GOODS REJECTED due to failure to men spocificatiom, either when shipped or due to defects of
my of the wvrrmtie or obligations of this purchase order and shill not be, deemed a waiver of my right of the
damage in torrssit, May be retuned m you for credit and are not to he replaced except upon receipt of wdnen
purebmer to insist upon strict performance Toreador any ofits rights or remedies as To my such goods, regardless
inswclum, from me City of Fon Collins.
of wham shipped, received in accepted, as to any prior or subsequent default hereunder, nor shall any Purpored
oral modification or rescission of This purchase order by the Pmrchaser operate as a waiver of any of the rents
Inspection. GOODS art Subject o me City of For Collins inspection on arrival,
hereof.
Fiml Acceptance. Receipt of the merchandise, services or equipment in msporese in this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mmormad payment on The part of the City of Fan Collins. However, it is to he understood that FINAL
Seller and the Purchaser recogni a that in actual econ,o is practice, overcharges resulting from antitrust
tr
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violations are in fact home by the Purchmer. Theremfore of good cause and w consideration for examing this
purchase order, the Sella hereby militias to The Pnmhaser any and all claims it may now have or hereafter
Freight Tams. Shipments must be F.O.B., City of Fan Collins, 700 Wood St., Fort Collins, CO 80522, unless
acquired under federal or state waitron laws for such overcharge relating In The particular goods or sm'ices
otherwise specified on Nis order. Ifpemtission is given m Prepay freight and charge separately, the original freight
purchased or acquired by The Purchase pursteral m this purchase ardor.
bill most mcannanv invoice. Additional Thomas for oackine will no be accer alt
Shipment Distance. Where manufacturers have distributing points in various pans of the comrry, shipment st
expected tram the nearest distribution Want to destination, and excess freight will be deducted from Invoice who.
shipments are made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessary permits, earl&ale and licenses required by all
applicable laws, regulations, ordinances and Mies of the store, municipality, territory or political subdivision where
the work is performed, or required by my other duly ruminated public anNonty hism,jurisdiction over the work
of vendor. Seller further ogees To hold me City of Fort Collins harmlass fraud and agairss, all liability and lass
incurred by them by ream. of sm assured or established violation of my such laws, Mithi iom, ardinamcs, rules
and requirements.
Autharivation. All parties to this contract agree that the representatives ate, in fact, bona Ede and possess fall and
ample, auThmrily to bind said panics.
LIMITATION OF TERMS. This Purchase Order expreely limits acceptance to the tenses and conditions slated
herein set forth and my supplementary or additional terms and conditions annexed hereto or incorpomed herein by
reference. Any additional or different to. and conditions proposed by seller ere objected to and hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immMislely if you cannot make complete shipment to arrive on your
promised delivery dote as named. Time is of Ne essence. Delivery and performmce muss be efTetled within The Time
stated on the purchase order and fie documents attached hereto. No acts of no Purchasers including without
limitation, acceptance of pmrid late deliveries, shall operate TO a waiver of this prov¢ion. In the event of any delay,
The Pumhase shall have, in addition m other legal and equitable remedies, the u,nan of placiag 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 ate beyond its reasonable central and without its fault of negligence,
such acts of God, nets of civil or military authorities, govecmental priorities. Russ, strikes, Eased, epidemics, was or
riots provided That notice of the canditiom -using such delay a given to the Purchaser within five (5) days of the
Time when The Seller first received knowledge thereof. In the event of my such delay, no daze of delivery shall be
extended for The period egml to The time actually lost by reason ofthe delay.
3. WARRANTY.
The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable
drawings, spmifcifcans, samples and/or other description given, will be fit for the prposee imanded, and
performed with the highest degree of care and competence in accordance with accepted standard for work of a
similar nature. The Seller agrees to hold me purchaser hornless from my Its, damage or expense which The
Purchase may suRer or incur On mmmt of tic Seller breach ofwmrmty. The Sella shall replace, repair or make
good. without cost To the purchaser, any defetts or faults arising within one (1) year or within such longer period of
time as may ba presented by law or by the term ofany applicable warranty provided by One Sella after the dam of
acceptance of the goods famished hereunder (ucce,fir a not to be urueawrabl, delayed), resulting from imperfect
or defective work done or mammals fumisbed by the Seller Acceptance or use of good by the purchaser shall not
constitute a waiver of any claim under This warranty. Except m ofen vise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warrsnties
or guamowes, but such liability shall is no event include loss of profits or loss of use. NO IMPLIED WARRANTY
OR MERCHANT' ABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The purcbmer may woke changes To legal fa. by wri.en chmge order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to the terms, other than legal terms, including additiom to or deletions from
The quantities ori,twily ordered in the >pairications or drawings, by venial or wrinen change order. B any such
change affects the amount due or The time of performance hereunder, an equitable adjustment shrill be made.
6. TERNUNATIONS.
The Purchaser may of any time by written change ahem rennimfe This agreemem as to my or .11 home- of dte
good Then not shipped, subject as any equitable adjusmenf haw. The parties as to any work or rnamands then in
progress provided Out the ptwhow, shall Out be liable for any claims for tar eipated profits on The uncompleted
portion office good andfor work, for incidental or cofinequendal damages, and That m such adjustment be made in
favor of the Seller with respect m my goods which arc The Sellers StandaN stock. No such [urination shall relieve
the Purchaser or The Sella ofmy admen obligations as to any good delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment most b, asserted within thirty (30) days from me date The change or lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants mat all goad old hereunder sholl have Even produced, said, delivered and fumishW in of
compliance with all applicable laws and regulations to which The goods an, Subject The Sella shall execme and
deliver Such documentsm may be Mucha] to effect Or evidence compliance. All laws and regulations required to be
ncorporated in agreements of this chemcte are hereby incorporated herein by Nis reference. The Seller agrees to
indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser as a result of me
Sellers filum to comply with such law.
9. ASSIGNMENT.
Neither party shall assign uansfer, or convey This order, or my mardcs due or To become due Immunde without Ore
prim minm consent off, offer parry.
10. TITLE.
The Sella warrants full, clear and unrestricted title to The purchavr for all equipment. materials, and items famished
in performance of This atomism, free and clear of any and all lien, resfrlctiom, mwivatiom, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Furchme, directs me Seller ro cor,ct nonconforming or defective goods by a date to he agreed upon by no
Purchaser and the Sella, and The Seller Thereafter indicates its inability or unwillingness To comply, The Purchaser
may cause the work to be pert rued by The mast expeditious mans available to it, and The Seller shall Pay all
coast associated with such work.
The Sella shall release the Purchaser and its contractors of any tia from all liability and claims of Tiny nature
resulting from The perfomwce of such work.
This release shall apply even in me event of fault of negligence of the Emry, relwsai and shall extend to The
directors, officers and employees ofsuch party.
The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because
such work is performed or -used to be perfamred by the Purchaser.
14. PAT'ENTS.
Whenever the Seller is required to use any design, device, rmaecial or process covered by lento patent, trademark
or copyright, the Seller shall indemnify and save harmless me Purchaser fmm any and all claims for iffi ngement
byre p n of the use of such armed dniga, device, frourial or Process in connection with the common, and
ihdl?ndemnify the Purchaser for any cost, experts, or damage which it may be obliged To Pay by reason of such
infringemem at my time during the proucunm Or after The completion of fie work. In wee said yuipmenT, or
any pan thereof or the intended use of The good, is in such suit held To constitute infringement and me use of
said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure fir the
Purchaser the right to continue using said equipment or pans, replace me same with substantially am] but
noninfringing equipment, or modify it so it becomes noninfringing.
15. INSOLVENCY.
If me Seller shall become insolvent or bankrupt, mon. m exsignmcm far the bereft of conditions, appoint a
receiver or trusae for my of no Sellers property or businam, this ado may foMwiff be canceled by me
Purchaser without liability.
16. GOVERNING LAW.
The definitions of terror used or the interpretation of the agreomenr and me rights of all parties hereundershall be
comaMed under and governed by the laws of Ore Stam o'Colorado, USA.
The following Additional Conditions apply only in cases where The Seller is to Perform work herettrtda,
including the sen'ices ol'Sellers Represumal ive(s), on The premises of others.
❑. SELLERS RESPONSIBILITY.
The Seller shall carry, on said work at Sellers own risk .,it the same is Polly compleed and accepted, and shall,
in rose of any accident, deswction or injury to The work wdfor materials before Sellers fool completion and
somptanee, complete The work at Sellers roam expense and to the satisfaction of The Ancona. When materials
and equipment are Pomished by others for installation or erection by the Sella, the Seller shall receive, unload,
store and handle same at the site and become responsible therefor m though such materials introduce equipment
were being furnished by me Sella under The order.
18. INSURANCE.
The Seller shall, at his own expense, provide for The ximen of workers compensation, including ocarpatioral
choose bmefts, m its employees employed on or in wmectim with me work covered by this purchase order,
mNor To Their dependents in accordance with The laws of the state in which the work is to be done. The Sella
shall also wry comprehensive general liability including, but not limited to, contractual and auromobile public
liability insurance with bodily injury and death limits of at lent S300WO w any one Person, E500,M'U for any
one accident and property damage limit per accident of 5400,000. The Sella shall likewise require his
contractors, if any, TO provide for such compensation and in d e. Before any of the Sellers or his connaors
employees shall do my work upon the premises of ethers, me Seller shall furnish fe Purchaser with a conform
That such compensation and insurance have been provided: Such mouricams mall specify the time when such
compensation and insurance have been Provided. Such certificates dull specify to dare when such compensation
and imurmme expires. Thee Seller Tutees fim such compnmvlion and imuraace shall b< maintained wtil after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes The entire responsibility and liability for any and all damage, loss or injury of any kind
r nature whatsoever to persons or property caused by or resulting from me execution of the work provided for in
this purchase order or in connection herewith. The Seller will indemnify and hold harmless me Purchaser and any
or all of the Purcheers officers, agents and employees from and almost my and all claims, losses, damages,
chmges or expenses, whether direct or indirect, and whether 1. persona ar pro,ca,1. which the Purchaser may
To pm or subject by reaon of any act, =no% neden, omission or default on me pan of The Seller, my of his
curemtars, or my of fh, Sellers or contractors officers, agents or employees. In eau my suit or other
pmcealing shall w brought against me Permission, or its oThcers, agents or employees at any time on account or
by reason of any act, action, ncgla4 omission or default of The Salle of my of his ronfmmors err my of its or
Their officers, agents or employees as aforesaid, Ne Seller hereby agrees to assume the defame Thereof and to
defend the same at The Sellers awn expem,, to pay any and all costs, charges, attorneys fees and other expenses,
my and all judgments That may be incurred by or obtained against The Purchaser or any of its or Their officers,
agents or employees in such suits or other proceeding, and in case judgment or other lien be placed upon or
obtained against the property of the Purchaser, or Said panics in or as a result ofsuch suits or ofer proceedings,
fie Sella will al mere cause the some to be dissolved and discharged by giving bond or otherwise. The Sella and
his mntranors shall rake all safety precaution, famish and install all guards nttacsary far the prevention of
accidents, comply Tom all laws and regulations win regard to Safety including, but without limimfm, fe
Occupational Safety and Healer Act of 1970 and all rules and regulations issued pursnmt memo.
Revised 07a014