HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9142961Fort Collins
Date: 01/05/2015
Vendor: 166269
GARNEY CO INC
7911 SHAFFER PKWY
LITTLETON CO 80127
PURCHASE ORDER
PO Number Page
9142961 +oft
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: 01/05/2015 Buver: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
5 Natural Areas portion of work
RIGDEN RESERVOIR PIPING
Moved amount unpaid on line 2 to Resource Management (restoration) account rather than Land Conservation
budget, per B.Brock. Reduced line 2 by the amount added on line 5. plj 1/5/15
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 $68,808.99
Pay terms net 30 days
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
6M Page 2 of 2
L COMMERCIALDETAILS.
Tax exemptions. By statute she Cory of Fort Collins is exempt from state ad local taxes. Our Exemption Number is
11. NONWANER.
98-04502. Federal Excise Tax Exemption CmaGcam of Registry 84-6000587 is segistercd with the Collector of
Failure of the pureM1uer m insist upon and perfarmmce of the to— sM -Win.- hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref Colouda Revised Sutures 1973, Chapter 39-26, 114 (a).
exercise my rights m remedies provided herein or by law, failure to promptly carry the Sella in the event of a
breach, the max trace arm paymatl for goods hermuncon or approval ofthe drsign, shall oar release the Seller of
Good Rejected. GOODS REJECTED due to failure to men speciGwtios, either when shipped or due to defects of
my of the wmmties or obligation of this increase order ad shall era he deemed a waiver of my right of the
damage on mnsit, may be rearmN to you fen credit and are eat an be replaced except upon tccipt of wrimen
purchaser to insist upon None, Perm. aerecal any of its rights or remedies as to my such goods, regardless
hatructions from de City of Fort Collins.
of what shipped, eceived or accepted, as to my no, or sabsequeat default hereunder, twr shall my puryoned
mal modification or rescission of this Furchsr order by the Pumhser operate as a waiver of my of the terms
Inspection. GOODS are subject to the City affront Collins inspection m Diver.
Lorimar.
Final Accep once. Receipt of the memhandase, services or equipment in response to this order can result in
12.ASSIGNMENTOFANTITRUSTCLAIMS.
authorized payment an the pan of the City of Fort Collis. However, it is It be understood Nat FINAL
Sella and die Pmclood recognize that in actual monorwe practice, overcharg, reultng firm mtitrust
ACCEPTANCE is dependent upon completion ofall applicable regwaed cessation procedures.
violations are in fact tome by the Purchaser. Theremfore, far good were ad as considemtian far executing Nis
puchase order, the Seller hereby assign or tho Purchaser my and all claims it may raw have or haealler
Freight Terms. Shipments most be FRB., City of ran Callan, 700 Wood St., Tom Collins, CO 80522, unless
acquired under federal or some antitmst laws for such overcharges totaling to the powiwlar goods or services
otherwise sp,ified on his other, if permission is given m prepay freight ad chmge separately, the original freight
purchased or acquired by the Purchaser pursuant to this purchase order.
bill mast accompany invoice. Additional charges for picking will not be accepted.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Shipment Distance. More manufacturers have distributing points in various pans of me country, shipment is
If me Foreland direcrs the Seller to comet nonconforming or defective goods by a dte to be a greed upon by me
expected from the nearest distribution in, to destination, ad excess freight will be deducted from Invoice when
Purchaser and me Seller, and the Seller therraHd indicates its inability or unwillingness to comply, the Purchaser
Shipments arc made from greater distance.
may cause the work to be performed by me most expeditious memo available to it, and the Seller shall pay all
costs associated with such work.
Permits. Seller shall procure at sellers sale cost all necessary permits, certificates and licenses required by all
applicable laws, regulations, ordinances and oules of the state, municipality, territory or political awivision where
The Seller shall release the Purchaser and its contractors of say tier from all liability and claims of my nature
the work is perthrmed, or required by any other duly corminated public authority having jurisdiction over the work
resulting firma the performance of such work.
of vendor. Seller father agrees to hold the City of Fan Collins harmless from and against all liability ad loss
incurred by them by arson of oa asemed or espial Wed violation of my such laws, regulation, ordinances, rates
This release shall apply even w the ,at of fault of negligence of the parry released ad shall extend an the
nW "trireraidam
directors, officers ad employms afsuch puny.
Authorization. All parties to this contract agree that the representatives are, in lost, bona Ede mad possess full and
The sellers connmtual obligation, including w 1y. shall era he deemed Ina be carried, in my way, because
complete authority to bind said tours.
such woh is performed or causeda h performed by the Purchaser.
LIMITATION OF TERMS. This Purchase Dajd expressly limits acceptance to the rearms and conditioar stated
herein set forth and my supplemrnpiry or additional tetras ad conditions smexed hereto or incorporated herein by
refemae. Any additional or different reruns and conditions proposed by sell, are objected to road hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if yen wmot make complete shipment o move on your
Promised delivery date or noted. Time is ofthe reaence. Delivery and perfomace east be effected within the time
stated on the purchase order and the daomeno auched hereto. No acts of the Purchasers including, without
limitation, acceposom of partial late delivenes, shall operate as a waiver arras provision. In the event afar delay,
the Purchased shall have, in addition to other legal ad equi able remedies, she option of pacing this order elsewhere
ad holding the Seller liable fen damages. However, the Seller shall at be liable fen damages a a result of delays
due to wows not maorubly foreseeable which ate beyond its reasonable mmtrol ad without its fault of negligence,
such acts of Gad, eons of civil or miltary audmdra, governments[ pdonfid, fires, strikes. Dead, epidemics, wars or
nos provided that notice of the conditions casing such delay is given as the Punctuator within five (5) days of the
time when the Seller first received knowledge thereat In the event of my such delay, the date of delivery shall be
extended for the period dual on the firm acidly lost by reran ofthe delay.
3. WARRANTY.
The Seller warrants that all goad, articles, materials and work covered by this order will conform with applicable
dmwings, specifications, samples and/or other descriptions given, will be Et for the purposes intended, and
performed with the highest degree of care ad competence in accordance with accepted standard for work of o
similar tours. The Seller We. Ina hold the pmebaser harmless firm nay Ina , damage or rxpase which the
Purloiner may suffer m incur on =coat ofthe Sellers breach of warrmry. The Seller shall replace, repair or make
good, without cost o the purchaser, my defects or faults arising within roe (1) year or within such longer proud of
time as may be prescribed by law or by the terms of my applicable warranty provided by the Sell, arm the dte of
acceptance of the gomis famished hereunder (acceptance not to be uresonably delayed), resulting from imperfect
or defcaive work done or materials f shed by the Seller. Acceptance or use of goad by the Purchs, shall not
commm e a waiver of any claim under this wa rmary. Except as otherwise provided in this purchase order, the Seller
liability hereunder shall extend to all damages p randely reused by the brach of my of time foregoing countries
or m rmards, but such liability shall in no event include loss of profits as low of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make chango W legal terms by women change order
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my charges to the from, odmer than legal terms, including additions to or deletions men
the qumtitia originally oajered an me spccificitioru or con imis, by verbs m woven clangs end,. If my such
change affects the amount due or the time ofperformmce hereunder, a equitable adjustment shall be made.
6. TERMINATIONS.
The Poch. may at my tome by wrinrn charge other, terminate Box agreeracnr res la any or all partioo of the
good then at shipped, subject to any ryuitable adjustment between the not as to my work or materials then in
progress provided that the Purchased shall not be liable for my claims for anticipsed profits on the uncompleted
portion of the goods We, work, for incidental or co sum enual damages, and that no such adjustment be made in
favor of the Sella with respect to any good which are the Sellers standard stack. No such lac iomion shall relieve
the Purchaser or the Seller army of their obligations as to my good delivered harunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must be assened within thirty (30) days from the date the change or Lamination is
ordered.
8. COMPLIANCE WITH LAW.
The Sell, wamnts that all good, sold hire ddd shall have been produced, said, delivered ad famished in and
complunce with all applicable laws and roplations to which the goad are subject. The Seller shall execute and
deliver such documents in may be required in affect in evidence compliance. All laws ad regulations required in be
incorporated in agreements of this character are hereby incorporated hereon by this coherence. The Sell, agrees to
indemnity ad hold the Purchaser harmless f all roust and damages suffered by she Purchaser a a tosult of Ne
Sellers failure L comply with such sew.
9. ASSIGNMENT.
Neither pay shall assign, ponsfr, or canary this order, an my mower den or to become des hereunder without the
prior wotlen consent ofNe other pay.
I TITLE.
The Sell, wammu full, clew and unretracted title to dme Purchaser for 91equipment, materials, and items( ished
in performance of this agreement. fine and clear of my meal all liens, restrictions, mservatwoa, semnry interest
ormart ands, erM claama of.thers.
14. PATENTS.
Whenever the Seller is unmoral to are my deign, device, rroerial or process covered by lend, patent, trademark
a copyright, the Seller shall indemnify ad save harmless she Purchaser from my and all claims for infringement
by reason of the use of such pahadd design, devise mnaterud an process is rommtion wim the contract, and
shall infirmary the Purchaser for my east, expense or damage which it may ho obliged to Pay by reason of such
inMngment at my time during the ptus,mim an after thc completion of the work. In wee said equipment, or
my pan thereof or the intended use of the goads, is in such suit held on coalilum infringmem road the use of
said equipment an part is enjoin,, the Sella shall, at its awn expense and in its option, either plaice for me
Purchaser the right L dommue using said equipment or pars, replace the same with substmrtially equal but
omuwfxomig Nuipmmt, M modify it so it becomes noninlnnging.
15, INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make m migraent for the benefit of creditors, appoint a
receiver or house for any of the Sellers property or business, this major may forthwithed canceled by the
Purchaser without liability.
16. GOVERNB4G LAW.
The definitions ofterms used or me interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under end governed by the laws ofthe State of Coleman, USA.
The following Additional Conditions apply only in cases where the Sell, is an perform work hereunder,
including the servimr of Sellers Represenotive(s), an Ne premues clothiers.
17. SELLERS RESPONSIBILITY.
The Seller sMU carry, our said weak at Sellers own risk aril the same is Rally completed and accepted, ad shall,
in use of my =rider( destruction m injury L the work worker materials before Sellers rival completion and
=c,., complete die work at Sellers own expene and an the =nisfction of the Purchaser. When materials
and equipment are fur coshed by colors for iruollstion or erection by the Seller, the Seller shall receive, unlwd,
store mal hurdle same at me site and bo ome responsible therefor as though such ="als and/or apupowit
were being finished by the Seller under the order.
18. INSURANCE.
The Seller shall, a his owe expense, provide for Ne payment of wmkm cmnprn tim, including occupational
disease batefiu, an its employees cormayed on or in connection with 0me work covered by this purchase order,
mal 0 their do ender6 in accordaac wilds the Uwe of the spite is which the weak u on be don. The Sell,
shall also carry comprehensive general liability including• but at limited W. conLanml mal mmmobile public
liability insurance with bodily injury and death limits of at lent 5300,00o fen my one person. SSW. n0 fen my
accident and property damage limit per accident of 5400.0i The Sell, shall likewise require his
Allan. if any, an provide for such compcnsmian and ituurmer. Before my of the Sellers m his mnuactms
employees shall do my work upon the premises of whars, the Seller shall famish the Purchase, with a comflume
that such compensation and insurance have barn provided. Such C rifmtn shall specify the date when such
compensation and insurance have been provided Such certificates shall specify the date when such ismpemation
ad insurance expires. The Seller agrees that such campatsation and insurance shall be maintained aril after me
entire Work is complrted ad=opted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby awmes the entire respo aid iliry and liability for any and all damage, loss or injury of my kind
or nature whatsoever to person or property caused by or making from the execution ofthe work provided far in
this purchase under or in connection herewith The Seller will indemnify and hold harmless the Purchaser and my
d ell of the Purchasers officers, agents ad employees fmm and against any wod all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to persons or property to which me Purcha r may
be put or subject by reason of my act, action, neglect, omission or default on the pan of the Sell,, my of his
mnlmnors, or my of the Sellers or contaxamas officers, agents or rmplo ces. In case my suit or other
proceedings shall be bmught against the Purchaser, or its officers, agents at cmplayses at any time on accoum or
by reason of my set, action, molded, omission or default of the Seller of my of his contracors at my of its or
Neh officer, agents or employces as of said. the Sell, hereby agrees no stoma the defame therelf and to
defend the same at the Sellers own expense, to pay my ad all costs, Wrges, momeys fees and other expense,
my and dl judgmenu that may be incuonal by or squared against the Purchaser or my of its or fen officers,
agents or employees in such suits an other praccings, and in case judgment or offer lien be placed upon m
claimed a moss me property of the Farmhand, a said pmarx in m as a tech of such suits m omer, proceedings,
the Serer will at once cause me acme m be dissolved end discharged by giving Inv l or otherwise. The Sea, ad
his, roatracto s shall take all safety precaution, furnish and fi omill all guard necessary for the pmention of
acwdenrs, comply warn all laws and regulations with regard m safety including, but carbon? limitation, the
Ociamo seal Safety ad Health An of 1920 vad dl tales ad regulatima issued parsrmnl therms.
Revised O72014