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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9147340 (2)Fort Collins Date: 12/11/2014 PURCHASE ORDER PO Number Page 9147340 1of2 This number must appear on all invoices, packing sli s and labels. 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: 12/11/2014 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price CONSULTING SERVICES 1 LOT LS 33,517.00 N SHIELDS SANITARY SEWER 2 CONSULTING SERVICES 1 LOT LS 10,070.00 BOXELDER CREEK OUTFALL 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 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 shame the City of Fort Collins is exempt from slate and local taxes. Our Exemption Number is 98-04502. Fdaal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Formal Revenue, Denver, Colorado (Ref. Colorado Revised Smtums 1973, Chapter 39-26,114 (a). Goods Rejected. GOODS REJECTED due to failure to meet sped fictions, either when shipped or due to defects of damage in tmnsia may be common to you for credit and are not to be replaces] except upon racier of wdnrn inslmeticu s from the City of Fan Collins. Inspection. GOODS are subject to the City effort Collim inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order am result in authorized payment on the Nut of the City of Fart Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of rent Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specific) on this order. If permission is Rival to prepay freight and charge epamtely, the original freight bill must accompany income. Additional charges far packing will not he accepted. Shipment Distance. Where manufacturers have disteuring points in various pans of the country, shipment is expened faro the nwrest distribution Point to datiwtion. and excess freight will be deductd from Invoice when shipments am made from grata distance. Permits. Sella shall procure at sellers to cost all naraary prnniu, cenifiates end Ill. required by all applicable laws, regulations, ordinances and min of the state, municipality, territory or political subdivision where the work is performed, or required by city other duly motioned public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Pon Collins hamdas from and against all liability and lass incurred by them by nowarn of an asserted or established violation of any such laws. regulations, and ismax, into and mluirements. Authnvaumn All panic to this canton agree that the command. are, in fact, bow fide end possess fill and complete authority to tariff said psairs. LIMITATION OF TERMS. This purchase Order expressly limits acceptance to me teams and conditions stated herein set forth and any supplementary ant additional roans and conditions ment heat. m inumpai dal herein by referena. Any additional or different emm and conditions proposed by sells an objected to and hereby rcjatal. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately try.. cannot make complac shipment ao amve oa your promised delivery date m noted. Time is often essrna. Delivery and performance, most be effected within the time stated an the pun:hau cola and the documents anachod bureau. No area of the Purchasers including, without limitation, acceptance of partial late deivedes, shall .prmte us a waiver of this provision, In the event of any delay, the Purchaser shall have, m addition to other legal and equitable mnedirs, the option of placing this order elsewhe. and holding the Seller liable for darraii However, the Sena shall not tar fable for damages as a Touts of delays due in causes not rcawwbly Stomachic which as beyod its reasonable control and without its fault ofnegligance, such acts of God, acts of civil or military authonitia, govncunorml priorities, fins, strikes. Food, epidemics, wars or riots provided that wtire of the conditions rousing such delay is gives to the Purachume within five (5) days of the time when the Sella f t rereival knowledge thereof In the event of nay such delay, no dart of delivery shall be extended for the pound equal to the lime actually last by ras.n.fthe delay. 3. WARRANTY. The Sella svammus that all goods, articles, materials and wad: covead by this order will cant with applicable draudngs, specifiations. samples music other damptimu given, will be fit fro the purpoes inrrrtdc4 and perfora d with the highest degree or are and competence in areordmrce with accepted shandarts for work of a similar venue. no Sella agrees 1. hold she purchaser homeless from any loss, damage or expense which the Porchmer may suRm or incur on a.. arms Sellers breach of.ty. no Sella shall rest. , repair or make good, without cost to the puahaser, any defer.¢ or faults arising within one (1) your or within such longer peril of time in maybe presaihd by law or by the emu of any e,liable wmonry provided by the Sella arm de, &to of samptanve of the goods f fished heretuda (entrepreneurs tort an be umeasombly dclayal), resulting from important in defective work done or mmerials fished by she Sella. Acceptance in use of good by the purchaser shall not constitute a waiver orally claim under this warsnry. Fargo as otherwise pmsidd in this purchase order. the Sellers liability hereunder shall extend 10 all damages poisonously caused by the breach of any of the f.rtgoin, warranit. or gna mantas, but such liability shall in no.alI include loss ofprofiea or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES W LEGAL TERhLS. The Purchaser may make changes to legal teats by within change rooter. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Nan legal term. including additions to at cemiam from the quantities mi peally ordered in the s,orificaliow or drawings, by vedral of women change order. If any such change affects the amount due or the time ofperfomanee hercunda, en amorldo adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by written change order, terminate this agreement in to my or all portions of the goods then not shipped, subject to any equitable adjustment between the radom a to any work or materials then in progress povided that the Purchaser shall not be liable for any claims for anticipated profits on the uwompletal portion of the goods real work, for incidental or consequential damages, and that no such adjustment be made in favor of she Seller with respect to any goods which are the Sellers standard stock. No such mrminatim shall reline the Purchase or file Sella army all obligations m to any goads delivered heaunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must It, advanced within thirty, (30) days from the date rate change or termination is colonel. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have barn pmduad, sold, delivered and furnished in strict compliance with all applicable laws and regulation, to which the grads arc subject. The Seller shall execute and deliver such documrnts as may be natured in effect or evidence compliance. All laws and regulations requital to be ncorpooted in agraments of this character arc hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all ash and damages suffered by the Purchma m a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither patty shall assign, vansf , or convey this order, or any monies due or to became due hcregnda without the prior written consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestrined title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, Bee and clear of my and all lions, restrictions, reservations, security interest cannot mnca and claims afather, 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to pmptly notify the Sella in the event of a breach, ro the acceptance of or payment for gouda hereunder or approval of the design, shall not release the Seller of any of the wartwlies or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies w to any such goods, regardless of when shipped, received or accepted, a to any prior or subsequent deault hercunda, nor shall any p ra,maed oml modification or reacission of this purchase order by the Purchaser operate as a waiver of my of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recut ins that in actual economic practice, overcharges resulting from antimmst violations art in fact home by the Purchaser. Thaclofore,for Said came at m consideration for executing this purchase order, the Seller hereby msigns So du Purchaer any and all claims it may now, have or hereafter acquired under federal or suite antitrust laws for such overcharges Totaling to the particular goods or services pmchmed or acquire l by the Purhaer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Sella m correct nonconfmming or defective goods by a date m be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability err unwillingness to comply, the Purchaser mry rouse the walk to be performed by the most expeditious mean available m it, and the Sella shall pay all casts avaaiated with such work. The Seller shall release the Purchaser and its contractors of any tie from all liability and claims of any wrre resulting firm the performance afsuch work. This release shall apply even in the event of fault of negligence of the pany released and shall exend to the tirecmrs, oferrs and employees afsuch my. The Sellers contraction obligations, including wermmy, shall not be dental to No reduced, in any way, baane such work is performed or ..it m be performed by the Purchaser. 14. PATENTS. Whenever the Seller is Tequircd to use any daily, device, material or macs, covered by letter, patent, trademark or copyright, the Seller shall indemnify and save bamdas the Purchalfrom any and all claims for inGngemcnt by reason of the tie of such patented design, device, material an process in connection with the contract, aM shall iderat the Purchase far any cat, expense or damage which it any h obliged to pay by mason of such infringement in nay time during the prosecution or after the completion of the work. In case said carcinoma, or any pan herof or the intended use of the goads, is in such suit held m amounts Infnngemem and the use of aid equipment re pan is enjoined, the Sella shall, at its own cxpcwc and or its option, either procure for the Purchaser the night to continue using said equipment or pans, replace the same with substantially equal but tmdnl—ringing equipment, or modify it so it becomes tmainGnging. 15, INSOLVENCY. If rue Seller shall become trenchant or bankrupt, make an aati,samena for the benefit of creditors, appoint a receiver or muatt for any of the Sellers Emperry, or business, this order may foahwith Fee angled by the Puahazer without liability. 16. GOVERNING LAW. The definitions arm= teal or the interyremtion ofthe agreement and the, nights ofall laeada hcreunda shall be combined under ad governed by the laws create Stare orColonda, USA. The following Additional Conditions apply only in roam when the Sella is an pert work herearder, including the sery ao; of5ellcrs Ropreunmive(s), on the premiss ofoahers. 12. SELLERS RESPONSIBILITY. The Sella shall airy on aid work an Seriets own ask ..,it she ante is fully complad sent accepted, aM shall, in eau of nay accident, dawetion or injury to the work and/or materials before Sellers few[ complaion and arcepaoce, complete the wok at Sotlers own expense and to the smisfaction of she Purchase. When mmaials cal equipment i s fumlsMd by others for installation or erection by the, Sella, fee Sella shall radve, unlwd, start and handle same at the site and become responsible therefor a though such materiels and/or equipment wee being fumlshed by the Seller maker thc order. 18. INSURANCE. The Sella shall, m his own expense, provide for the payment of workers conaperecation, including acuWtiowl disease benefits, to its employers employed on or in commerical with the work coveted by this purchase older, and/or to their dependens; in accordance with the laws of the share in which the work is to he done. The Seller shall also arty compteatensive general liability including• but cot limited to, aonamctual end automobile public liability insurance with Family injury and dam limits of to Iemt 5300,0gn for any ram person, 55e0,000 for any am accident cod property damage limit per accident of S400,00d. The Seller shall likewise nature his commuchrox Rany, to provide for such compensation and resonance. Before any nfthe Seller or hex contractors employers shall do any work upon the premiss of others, the Selltt shall fish the Purchaser with a cenifcum that such compensation and insurance have bem provided. Such crnifanes shall specify the date when such compensation and handsome have been provided. Such cenlfcma shall specify the date when such compensation and imumnce, expires. The Seller agrees that such compreation and insurance shall be numnsined grail after the sort. work is completed and arecpd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Sella hereby essuma the entire responsibility and liability for my and all damage, loss or injury orally kind or nature whatsoever to persons or property, caused by or mulling from the execution of the work provided for in this putohoe order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any r all of the Purchase. officers, agents end employees from and against any and ell claims, losses, damages, charges m expenses, whether direct or regional, and whether to persons or property to which the Purchaser may be put or subject by mason of any act, ailing, neglect, omission or default on the pan of the Seller, may of his contractors, or any of me Sellers or contractors officers. agents or employ«, In war any sail or other Proceedings shall be brought against the Purchmrq or its officers, agents or employees at any time on account or by reason of nay act, action, neglaL omission or default of the Sella of any of his contractors or any of its or their officers, agents or employees as afoussid, the Seller hereby agen 0 assume the defense thereof and in defend the same at the Sellers own expense, to pay any and all costs, charges, lifomeys fees and other expenses, any and all judgments that may be, incmral by or obtained against the Purchma or any of its or their afters, agents or employes in such suits or other proceedings, road in case judgment or other lion h placed upon or obtaind against the property of the Purchma, or said partia in or m a result of such suits or other proceedings, the Sella will at once cause the same an be dissolved and dischargd by giving band or otherwis. The Seller and his contractors shall take all snfny precautions, f ish and in Ball all goads naas., 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 end all rates and regulatiom issued pursuant thereto. Revised 07f 014