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HomeMy WebLinkAbout507136 HEGARTY & GERKEN - PURCHASE ORDER - 9142046Fort Collins Date: 04/10/2014 Vendor: 507136 HEGARTY & GERKEN 1720 BELLAIRE ST, STE #806 DENVER CO 80222 PURCHASE ORDER PO Number Page 9142046 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: 04/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Vine & Shields Intersection Im WO #04/08/2014 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 LS 5,400.00 Total $5,400.00 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. COMMERCLV.DEfAIIS. Tax exemptions. By statute We City of Fort Collins is exempt from some red local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Comfort, of Registry 84-6000587 is regioeted with the Collector of Failure of the purchaser to insist upon strict performance of the some; and conditions hereof, failure or delay W Intoner[ Revenue, Denver, Colorado (Ref. Colorado Revised Summs 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided harem or by law, failure to promptly notify We Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warr rams or obligations of this purchase order and shall not be deemed a waiver of any Oght of the damage in transiq may be returned W you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon stem perfomaance hereof or any of its rights or remedies as to any such goods, regardless instructions from the City effort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any preformed oral modificamon or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or aluipment in respmvse W this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fun Collins. Hax<ver, it is to be understood that FINAL Seller nerd We Purchaser recognize that in annual economic practice, overcharges resulting farm anmitnut ACCEPTANCE is depeMent upon compleian of all applicable required inspection preccdurti violatioru are in fact home by the Purchaser. Theretofore, for good cause and as considerwio r for executing this purchase order, the Seller hereby assigns W We Purchaser any and all claims it may now have or hereafter Fright Terms. Shipmenk most be ROM,, City of Fan Collins, 700 Wood St., Fan Collins, CO 80522, unless acquired uMer federal or state antitrust laws for such overcharges totaling to the Particular goods or services otherwise specified oo this ardor. If Permizxim is given W prepay freight and charge sepmamly, the original freight purchased or acquired by We Purchaser pursuant to this purchase ander. bit I most accomnanv involve Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various parts of it,, reentry, .shipment is expected from the nareut distribulio1 point to destination, and excess freight will be deducted from Invoice when shipment are made fmm greater dormice. Permit. Seller shall procure or sellers sole cast all necessary permit, certificates and licenses required by all applicable laws, regulations, ordimnec, and roles of the state, municipality, tomtory, or Political subdivision where We work is perfoamed, or m,miread by any other duly constituted public authority huving jmvltlon over We work of vendor Seller further agrees m hold the City of Fon Collins hemdess from and against all liabiliry and loss mood by them by reason of an usened or established violation of any such laws, repatriates, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bola fide and prowess full and complete authorityto bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions Wood herein set forth and any supplementary or additional our¢ and conditions annexed hereto or Inco armed herein by relbrencc Any additimal or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make co undo a shipment to Am, on your promised delivery dam as noted. Time is of the essence. Delivery and performance most W of ewled within We into stated on the pmeM1vse order and the documents attached hercm. No are, of the PurcM1asers including, without indiction, acceptance oriental Ire deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Pumhoor shall have, in addition to other legal and equitable remedies, We option ciphering this order elsewhere end holding We Seller liable far damages. However, the Seller shall nod be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable com al and without its fault of negligence, such acts official, two. i fervil or military authorities, governmental priorities, fins, strikes, Rood, epidemics, wars or riots 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 crony such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller wermnls that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples end/or other d riptiorx given, will be fit for the purposes intended, and performed with the highest degree of art and exampnence in accordance with accorded standards fro work of a inadar .tore. The Seller aPJces to hold the purehow, harmless f any I.. damage or expense which the Puochaser may soft or incur. account of the Sellers breach of wamny. The Seller shall replace, repair or make good, without cost W the purchaser, any Writers or faults arising within one (1) year or within such longer period of time as buy be prescribed by law err by the temps of my applicable warranty provided by the Seller after We Warm of acceparce of the good famished hereunder (arcept. at to be unreawnably delayed), resulting from imperfect or defective work dome or materials fmmished by the Seller. Acceptance or use of goad by the Perchance shall sot constitute a waiver ofany claim under this warranty. Except as otherwise provided in this purchase order, he Sellers liability hereunder shall extend to at damages proximately caused by the breach of any of We foregoing warranties or gnamn,ees, but such liability shall in no event include loss ofpmfms or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal to. by wrimer change ardor. 5. CHANGES IN COMMERCIAL TERMS. The mandower may make any changes to the mmu, older Nan legal temu, including additiono, to or deletions from the quantities originally ordered in We specifations or drawings, by robot or written change order. If any such change affect the amount due or the time ofperformemr hereunder, an equitable adjustment shag be made. 6. TERMINATIONS. 1'he Purchaser may at any time by written change order, terminate this agreement as to any or all ponluns of the goads then not shipped, subject to any equitable adjustment between the parties to to any work or materials then in progress provided that the Purchaser, shall at be liable for any claims for maidpmed profits an the uncompleted portion of the good ardor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard stock. No such termination shall relieve the Purchaser or We Seller of my ofNeir obligations as to any good delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for supporter, most be examed wtiWin rhim, (30) days from the &te the change or termination is mWmd. 8. COMPLIANCE WITH LAW. The Seller warrands that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations W which the good art subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be scorporated in agreements of this character arc hereby incorporated l eein by this rommare. The Seller agrees to indemnify and hold the Purchaser hmmless fmm all cost and damages suffered by the Purchaser as a result of the Sellers failure to comply wild such law. 9. ASSIGNMENT. Neither Ferny shall assign, Iramfer, or convey Nis order, or any mania due or W become due hummocks without the prior wrincn mnsmt of We other Patty. 10. TITLE. The Seller warrants full, clear and mrestcted lille, or We Purchaser for all equipment, marmots, and items famished in performance of this agreement, free and clear of any mad all liens, restrictions, reservations, security interest encumbrance and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller a career nonconforming or defective goods by odate to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability m unveil hogness to comply, the Purchaser may cause the work to be perforated by the most expeditious memo available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and in contactors of any tier from all liability and claims of any .tune resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the party relaud and shall extend to the directors, officers and employees ofsuch gamy. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, hoarse such work is Performed or caused to be pert ed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process cover d by Wato, patent, trademark cWynillo, the Seller shall indenmify and save hmmless the Purchaser from any end all claims for infnalmono t by reason of the use of such patented design, drake, material or process in connection with the contact, and shill indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by mantra ofsuch infringement at any time during the prosecution or after the completion of the work. in case said equipment, ar any pan thereof or the intended use of the goad, is in such suit held to constitute infringement and the use of said egnip. or pan is joined, the Seller shall, at its owes expense and at its option, either procure for We Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but nanintnging equipment, or modify it an it becomes noninfi nging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment far the brnefim of embams, appoint a receiver or mutee for any of the Sellers property or business, this raker may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. no definitions ofmms used or the intermit a cal of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is W perform work htrcmtrdcr, including We services of Selles lormwemative(s), om We premises crackers. 17. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Seller's awe risk ..,it the same is fully completed rand accepted, and shall, in se of any accident, destruction or injury to the work roller materials before Seller's final completion and acceptance, complete the work at Sellers own expense and W the satisfaction of the Purchaser. When boomers and equipment are fubolool by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being Pomished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefit, to its employees employed on or in connection with We work covered by this purch.e order, enNor in their dependents in accordance with We laws of We stale in which We work is W be done. no Seller shall also carry comprehemive general liability including, but not limited his contactual and automobile Public liabiliry insurance with bndily injury and death limits of at least SSW.000 for any one prawn, 550%t%b for any one accident and property, darnage limit per accident of S4IXL000. The Seller shall likewise requite his rancorous, if any, to provide for such compensation and insurance. Before any of We Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish We Putchaser with a certificate that such compensation and insurance have been provided. Such ecnifmcares shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work u 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 my kind or norm re whatsoever to pesoal, or patron wood by or resulting boom We execution ofthe work Provided for in this purchase order or in connection herewiW. The Seller will indemnify aM hold larmless We Purchaser and any r all of We Pumham officers, agents and employees fmm and against any and all claims, losses, damages, charges or expanses, whether direct or indirect and whether to persons or property, to which We Pwchsser may Far put or subject by reason of any act, action, ne,hai, omission or default on We pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. fo case any suit or other proceedings shall be brought agamil We Purchase, or its officers, agent or employees at any time on account or by manor of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees W assume We defense thereof and to defend We same at the Sellers own expense, to pay any and all costs, charges, attorneys fees aad other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or Weir officers, agent or employees in such suits or other proceedings, and in case judgment or other lion be placed upon ar obmined against the property of the Purchaser, or said parties in or as a remit of..b suit or othe, proceedings, We Seller will at once cause We same to be dissolved and discharged by giving Road or otherwise. The Seller aed his contractors shall take all safety persimmons, fiannh and install all guard necessary for We prevention of accidents, comply with all Laws and regulations wild regard he safety including, but without limitation, the Occuwtio.l Safety and Health Act of 1970 and all roles and regulations issued pursuant, berate. Revised OJ2010