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HomeMy WebLinkAbout166269 GARNEY CO INC - PURCHASE ORDER - 9142961 (2)Fort Collins Date: 01/07/2015 Vendor: 166269 GARNEY CO INC 7911 SHAFFER PKWY LITTLETON CO 80127 PURCHASE ORDER PO Number Page 9142961 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: 01/06/2015 Buyer: PAT JOHNSON Note: Line Description Quantity UOM Unit Price Extended Ordered Price e Natural Areas portion of work RIGDEN RESERVOIR PIPING 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 1 LOT EA 82,992.60 Total $82,992.60 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 rder Terms and Conditions - Page 2 of 2 L COMMERCIALDETAIIS. Tax exemptions. By stzeure the City of FaM Collins is exempt from state ad had axes. Our Exemption Number u 11. NONWAIVER. 98-0450I. Federal Excise Tax Exemption Caribous, of Registry S4-6000587 is registered with the Collator of Failam of den Purchaser to insist upon said Farinaceous, of the fow¢ and condifiom heretL failure or delay on Itnerual Revenue, Drover, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26,1 M (a). ew xise any rights an ¢medies presided herein M by law, failure to pmmp0y notify the Seller in due event of a breach, the sccepram a ohm payment for goods hereunder in approval ofine claim, shall not trlerse the Seller of Goods Related, GOODS REJECTED due to failure to meet specifications, either when shipped or due to defaces of any of the wzm4mim art obligations of met purthme order end shall am be deemed is waiver of any right of the damage in remit, may he returned to you for audit and are not a be replaced except upon receipt of wriuen purchaser to insist upon strict performance hmeofm any of its rights or rem dies as to any such goods, ugardless instructions from the City of Fort Collins. of when shipped, received or acceprd, as to any prior or subsequent default hereunder, nor shall any purposed oral modification or rescission of this purchase order by me Purchaser operate as a waiver of my or the lawn Inspection. GOODS are snbjea to the City of Fort Collins inspection oa arival. 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 tie pan of the City of Fort Collins. However, it is to he understood that FINAL Sella and the purchaser recognize but in actual economic proactive, o recharges resulting from antitrust ACCEPTANCE is dependant upon completion of all applicable required imposition procedures. violations are in fact home by the Purchmer. Theutoforefogood cause and m consideration for executing this purchase order, tie Seller hereby assigns to the Furchuer any and all claims it may now have an hereafter Freight Farm. Shipments maat be F.O.B., City of Tom Collins,'!00 Wood Sc, Fan Collins, CO 80522, maess acquired under frdeml or state antilmst lass for such overcharges relating to the panionlar goods an services otherwise speciftd on Bids order. If permission is given to prepay freight and charge separately, be original height purchased an acquired by the Purchaser Forward to this purchase order. bill most accompany invoice. Additional charges for parking will not be occurred. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in mmus Fewer of the country, shipment is Ifthe Purchaser directs me Seller in correct rwnconforming or defective goods by a date to be agreed upon by be expected from me nearest distribution point to dmcirmtion, and excess freight will be deducted from Invoice when Purchaser and the Seller, and me Seller thereafter whi max its inability or unwillingness to comply, the PvmMwr shipments arc made from greater distance. may cause the work to be performed by the most expeditious means available to it, and the Sella shot[ Pay all costs msociated with such work. Permits. Seller shall procure at sellers sole ant all ne awry permits, wi ificates and licenses required by all applicable laws, regulations, ordinances and sales of the state, municipality, territory or Political subdivision where The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any reture the work is perfrmed, or required by my other duly constituted public authority having jurisdiction over the work resulting from the Performance ofsuch work. of vendor. Seller harbor agrees to hold the City of Fort Collins harmless Tram and against all liability and loss incurred by them by ramen of an asserted or established violation of any such laws, regulations, ordinances, roles This release shall apply even in the event of fault of negligence of the party released and shall second to be and requirements. directors, otis m and employees ofsuch party. Arta rizmim. All parties to mis coatrocr agree Char me w rownecias are, in fat boas file and possess full and complete authority m bind mid parties. LIMITATION OF TERh15. This PumWur Coda expressly limits acepmae to the terms and conditions stared herein as forth and any supplementary or Will..[ terms and conditiom mmexed harem or incorporated harem by reference. Any maintained or dilTertnt terms and canditions proposed by seller me objected to and hereby jetted 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Byrn cannot make complete shipment to arrive on your promised delivery date as ruled. Time is of the essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto No aces of the Purchasers including, without limitation, acceptance arterial late deliveries, shall operate as a waiver offins provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, be option of placing this order elsewhere and holding be Seller liable for damages. However, the Seller shall not be liable for damages in a result of delays due to causes not reasonably Cutesemble which ere beyond its reasonable comml and without its fault of negligence, such rots of Gd, acts of tlnl or military, authorities, governmental prionfies, fires, strikes, flood, epidemics, wars or fiats provided that notice of fe condifiom cawing such delay is given to be Purchaser within five (5) days of be time when the Seller first received knowledge thereof. In drc event army such delay, the date ofdehivery shall be extended fro the rancid equal w be time morally lost by wawa ofine delay. 3. WARRANTY. The Seller warrants that of goods, articles, materials and work covered by this miler will conform with applicable drawings, ainacificatiom, samples sal Omer descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Sella agrees to hold the purchaser harmless from my loss, damage or expense ulamb the Purchaser may surface incur on account of the Sellers breach of warmty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults mixing within one (1) year or within such longer period of time as may be prescribd by law or by the term of my applicable wsranry provided by be Seller afterthe date of acceptance of the goods famished hereunder Macpherson not a he unreasonably delayed), resulting from imperf ed or defective work done or materials fumuhed by to Seller. Acapm tic micro ofgaak by the Purchmer shall vat constitute a waiver army claim tinder mis warranty. Except m otherwise provided in mis purchase order, be Sellers liability hereunder shall extend to of damages proximately caused by Use breach of my of the foregoing warmtia or gnaaraces, but such liability shall in no event include loss ofpmfits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchmer May make changes to legal forms by wfinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Evidencey make any changes to the terms, other than legal tents, including additions to or deletions from the quantities maoriginally ordered in the specifications or drawings, by card or written change order. If my such change affects the amount due or me time ofperfonnance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may or my time by wnnm change order, Meadow, this practi al as to any or all potions of be goon then not shipped, subject m my ex itable adjustment berwem the pries as to any work or materials men in progress provided mar the Purchaser shall nol be liable for any claims for anticipated profits on the uncompleted potion of the goods and/or work, fro incidental in consequential damages, ad pot no such advisement be made in favor riffle Sella with respect to any goods which are the Sellers sandatd stock. No such margination shall relieve the Purchaser or be Seller of my oftheir obligations as to any good delivered lrcreunder. 9. CLAIMS FOR ADJUSTMENT. Any claim for djmtment most be asserted within thin, (30) days from be date the change or temtireation is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants fat all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations 10 which the goods are subjat'1'he Seller shall execute and deliver such documents as may be required m effect or evidence compliance. All laws and regulations required to be anpowed in agreements of this character arc hereby incorporated herein by this reference. The Seller agrees a indemnify and hold be Purchaser harmless from all costs and damages suffered by the Purchmer as a maul[ of be Sellers failure to comply wit such law. 9. ASSIGNMENT. Neither parry shall assign, number, or convey this order, or any marries due or to become due hereunder without the prior writun consent ofthe other party. 10. TITLE. The Sella wmmnts bill, clear and umesfcted title to tie Purchmer for all equipment, materials, and items bombed in performance of mis agreement, free and clear of my and all liens, rmtrleiom, reservations, security interest encumbrances and claims of fifers. The Sellers command obligations, including warranty, shall roc be darned to be reduced, in any way, baause such work is performed or mused to tr performed by the Producer. 14. PATENTS. Nfenever the Sella is required to use any design, device, material or process award by loner, patrnk madetrark our copyright, the Sella shall indemnify and rove hmmleas the Purchaser from any and all claims for infringrmam by reason of the use of such patented design, device, material or pmass in connection with the contmal, and shall indemnify the Pumhaaer for any cost, expense or damage which it may be, obliged 10 pay by mason fsuch infringement at any time during ere prosecution or after the completion of me work. In case said equipment, or any pan therad or the intended rue of be goods, is in such suit held to cormimte infringement and the use of said equipment or pan is enjoined, me Seller shall, at its awn expense and at its option, either procure for me Purchaser the right an continue using said equipment or Pans, replace be same with substantially am] but raminfn'nging equipment, or modify it so it becomes noninfiinging. 15. INSOLVENCY. If the Sella shall become insolvent or basral make an assigmnem for she bweftt of creditors, appoint a recover or stater for any of be Sellers pmpeny or business, this order may fmfwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions officers mod or be interpretation ofine agreement and be rights oral] Farris hereunder shall be consWal under and governed by the laws of me State ofColoado, USA. The following Additional Condition apply only in where the Sella is as perform work hereunder, ncluding the services of Sellers Rquivatative(s), on the premises ofodam. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own ask until the same is rally completed and accepted, and shall, n case of any mcidem, destruction or may to the work andlor materials before Sellers fire) wmplation and acceptance, complete the walk at Sellers own expense and to the satisfaction of be Purchmer. Whoa cmmrials and equipment sm famished by when for installation or erection by the Seller, ac Seller shall receive, udoad, store and handte tome d be see and become rw w ible therefor as, though such matmus and/or equipment were being fmishr by the Sella under this, order. 18. INSURANCE. The Sella shall, at his own expense, provide fro the payment of workers compensation, including occupations[ disease batteries, to its employees employed on or in connection with tie work covered by this purchase ands, maker to their dependents in accordance with the laws of be state in which be week is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual end automobile public liabil its insurance with Mdily injury and death limits of at least S3 W,000 for my one person, E500,000 fir any one accident and property damage limit per accident of 540g000. The Seller shall likewise require his contractors, if any, w provide for such compensation and insumnce. Before my of the Sellers or his contractors; employees shall do any work upon the premises of others, the Seller shall buwhh the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have ban pmndd. Such certificates shall specify the date when such comp nearion and insurance expires. The Seller agrees mat such compensation and Insurance shall be maintained until after me entire .,it is mmplaed and accowed. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby resumes me enfire rapomibility and liability for my and all damage, loss or injury army kind or nature wha¢aver to persons or property caused by or resulting from the exaufion ofine work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold Meadows area Purchaser ad any r all of the Purchaners oRcars, agents and employees from and against my and all claims, losses, damages, charges or expenses, whether direct or incurred, and whether to reform or papally to which the Purchaser may be pm or subject by reawn of my cur, action, neglect, omission or default on me pan of tie Sella, my of his contrmlors, or any of the Sellers or ontractors officers, agents or employees. In case my suit or office proceedings shall be brought against the Purchaser, or its officers agents or employees at any time on account or by mason of any act, action, neglect, omission or default of the Sella of my of his contractors or any of its or their olicers, ogams or employees as aforesaid, the Seller hereby M. to resume the defame that and m defend the same at me Sellers own expense, to pay my end all casts, charges, attorneys fees and other expenses, any and all judgments dun may be incurred by or obtained against tie purchaser or any of its or their officers, agents or employees in such suits or ofer proceedings, and in cane judgment or other lira be placed upon or obtained against fe property oral Purchaser, or said novas in or is a result ofsuch wits of ofer proceedings, she Seller will at once came be worse to be dissolved and discharged by pang bond an otherwise. The Sella and his canlrmlmrs shall take ill worely precautions, famish and imtall ill guards na., for be pmenfiun of accidents, comply with all laws and regulations with regard to safety including, but without Immigration. tie Occuytion d Safety and Health Act of 1970 and all roles and megulatiom Issued pursuant down.. Revised 07R014