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HomeMy WebLinkAbout507136 HEGARTY & GERKEN - PURCHASE ORDER - 9144714City of FF rt Collins Date: 08/14/2014 Vendor: 507136 HEGARTY8:GERKEN 1720 BELLAIRE ST, STE #806 DENVER CO 80222 PURCHASE ORDER PO Number Page 9144714 10f2 This number must appear on all invoices, packing sli s and labels. Ship To: NATURAL AREAS CITY OF FORT COLLINS 1745 Hoffman Mill Road FORT COLLINS CO 80522 Delivery Date: 08/14/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Appraisal 1 LOT LS 5,900.00 Appraisal: Jensen Property per work order number: July 30, 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 11 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order'1'ernls and Conditions Page 2 of 2 L COMMERCIAL DETAIIB. Tax excmptinm. By statute the City of Fors Collins u exempt from state and heal axes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Cetlfiche of Registry 84-60Oo567 is agistradif with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Salinas 1923, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED that, to failure to meet specifications, either when shipped or due to defects of damage in bmait may be named to you for credit and are not to be replaced except upon receipt of women immutions from the City of Fon Collins Inspection. GOODS are subject to the City of Fca Collins inspection on critical. Final Acceptance. Receipt of the merchandise, services or equipment in mistrial to this order Iran result in material payment on the part of the City of For Claim. However, it is fit be umelrswod mban FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedure. Freight Terms. Shipments must be I.O.B., City of Fan Collins, 700 Wood Sr, pan Collins, CO 90522, unless otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice _ Additimal charges for packing will not Ise accepted. Shipment Distance. Where manufacturers have distributing paints in carom parts of the country, shipment is expected from the nearest distribution in, m destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole eat all necessary permits, certified. and it. required by all applicable laws, regulations, concern and man offe state, municipality, territory or political subdivision where the walk is former ed, or squired by ony other duly constituted public authority having jurisdiction over the work of vendor, Seller Author agrees to hold the City of Fort Collins harmless from and against all liability anti loss incurred by them by reason arm asserted or anablished violation of any such laws, regulariors, ordinances, roles ark requirements. Authorization. All panics in this comtact agree that the raprexnatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF IHRMS, This Purchase Order expressly limits acceptance to the terms and conditions slated herein set both and any supplementary or additional terms and conditions atmexal hereto or imor ommd herein by reference. Any additional or different same and mMiticas proposed by seller art objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT innnntiately ifyum cannot make complete shipment to alive on your promised delivery dos as noted. Time is of the essence. Delivery and performance most be effected within the lime stated on the putchax ooa and the documents attached hereto. No was of the Pmchmers including. without Iimideion, acceptance of partial lax delwarms. shall apecom m a waiver of this provision. In fie evens army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing 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 we beyond its reasonable cunual and without its fault of negligence, such acts of Gad, acts of civil or military nuthomies, governmental priorities, fins, strikes, flood, epidemics, was art nods provided den natice of fie conditions causing such delay is given as the Purchaser within five (5) days of fie time when the Seller first received kw wdedge thereof. In the tent of any such delay, fie date of delivery shall be extended for the period equal ro the time actually lost by reason of the delay. 3. WARRANTY. The Sella warand that all goods articles, Materials and work covered by this order will conform with applicable chemical specifications, mmpin atelier other desaipliam given, will be fit for the purposes inteMal, and - planned with the higher degree of care and competence in arcmdsom with accepted standards for work of a similar nature. The Seller agree m hold the purchaser retrains from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shell replace, repair or make good, without cost to the purchaser, my defects or faults wising within one (1) year or within such longer pedod of time n maybe presented] by law or by the at. of any applicable wartanry provided by the Seller after the date of acceptance of she goods fmmsM1ed hereunder Lmx pwwm and an be unreasonably delayed), mutant, from batteries. or defective work done or materials famished by the Seller. Acceptance or use of goods by the Pmchuler shall not constitute a waiver of any claim under his wmri nly. Except w otherwise provided in this prembme order, the Sellers liability hereunder shall extend to all damages proximally cowed by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event imbak was of points or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. The Partial may make change to legal teas by written change order. 11. NONWAIVER. Failure of the pumheeir to insist upon suit Performance cram tames and conditions hamE failure or delay to examism ony rights or remedies provided herein or by law, failure to promptly notify the Seller in the event Of a bar ch, the acceptance ofor payment for goods reminder or approval ofthe design, shall not release the Seller of any of the warranties or obligations of this p racham maker and shall not be dttmed a waiver of any right of the purchaser to insist upon strict peR ance hereof or any of its rights or remedies as to any such goods.regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, err shall any paryorted oral mail iftcation or rescission of this purchase order by the Purchma opeme as a waiver of any of the tams hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller tad fie Planner recognize that or zcaunl remains, practice, oserchmges resulting from anti- -violations are in fact beme by fe Purchaser Theamfore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or broader acquired under attend or state wiftmn laws for such overcharges relating to the particular goods or services pumhased or acquired by fie Paramer pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser of. he Sella to correct nonconfiwwmg or defective mod, by a data to be agreed upon by In, Purchaser and the Sella. and the Sella flaccafter indicates its inability x unwillingness to comply, the Purchmn may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all casts associated with such work. The Seller shall release fie Purchaser and its commtlors of any tier from all liability add claims of any =am retailing from the performance fsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the direcmrs, miicas and employees ofsuch parry. The Sellers combat..] obligations, including small shall rut be deemed to be reduced, in any way, because ,.on work is performed occamail m be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to wee any design, device.,ad.) or process award by lever, patent uadrawk ift copyright, fe Seller shall indemnify and save harmless the Purchaser from any and all claims for ivfnvgemei t by reason of the use of such patented design, device, material or process in connection with the contmet, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged m pay by memn fsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of fie goods, is in such suit held to constitute infringement and the use of said equipment or pan is enjoined, the Sella shall, a its own expense and at its option, either procure for the Purchncr the Mehl to continue wing said equipmem or pans, replace fie same with substantially equal but werinfringing a mpment, or modify it m it becomes n.ninGaging. 15. INSOLVENCY. If the Seller shall become marivat or banl:mpa, make an assignment for the benefit of creditors, appoint a reaciver or name, for any of the Sellers property or business, this order may forthwith be canceled by the Purchase without liability. 16. GOVERNING LAW. The definitions affects used or the interpretation of the agreement and the rights of all pones hereunder shall be mntwed under and governed by the laws ofare Sax mCummdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. nduding the service of Sellers Reprmearaliinapd, on the premises.fothers. 17. SELLERS RESPONSIBILITY. The Sella shall asrry oa said work al Seller's own risk .,it the same is filly mmpleral and accepted, and shall, in x of any accident datmetion or injury to the work maker materials before Sellers ❑cal completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Pumhana. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receiver unload store and handle same m the site wad become aspomible ancient, as fwgh such matmals ad/or equipment were being fmdhed by the Seller mail the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupariunul disease benefits, in its employees employed on or in connection with the work covered by this purchase alder, 5. CHANGES IN COMMERCIAL TERMS. .We, to the. it ildenns in ac—o ass with the laws of fie sate in which the work is to be done. The Sella The Purchasermay make any changes inic %e tops other than legal banns, including additions to or deletions from shall elm carry comprehensive gmeml liability including, but rea limited to, commctml and automobile public the g malidisOriginnlly .,dead in be meadiss ions or drawings. by verbal or written change order If any such hffi:l:ty insurance with Wily injury and dead, limits of at least s3W.00n for any one Person. SSW." for any change affects the inerrant due or the time of performance hereunder,an equitable adjustment shall be made. oneaccident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, if any, to provide for such con,consition and insurance. Before any of the Sellers or his contractors 6. TERMINATIONS. employees shall do any work upon the premises of others, fie Seller shall fumoh fie footwear with a ceoficate The Pricchasa may at any time by woven change under, termim a this agreement a to any or all portions of the that such compensation and immune have been provided. Such cetifcmes shall specify de date when such goods then not shipped, subject to any equitable adjutmen, between fie Wain m to any work or materials fen in compensation and announce have been provided. Such certificate shall specify, the dale whom such compere riot prugrcss provided that be Purchaser shall nut be liable for any claims for anticipated profits oil the uncompleted and imumnce earn., The Seller agrees that such compensation and insurance shall be maintained until after the portion of the goods and/or work, fir incidental or comequemiol damages, and that no such adjustment be made in entire work is completed and wrapped. favor of [M1e Scller with respect to any Goods which arc the Sellers standard stool. No such dmrinmion slutll relieve 19 PROTECTION AGAINST ACCIDENTS AND DAMAGES. the Particular or ale Seller ofany of their obligations an to any good delivered herc:udm The Seller hereby assumn the entire mpnmibila and habiliryfar any and all damagt loss or injury ifany kind r warm whatsoever to persons or property caused by or resulting from the execution offe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hart m ax, the Purehzter and any in all of the Purchasers Officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to posom of property on which the purchaser may be par or subject by reason of any act, action, neglect, omission t default on the port of fie Sella, any of his connectors, or any of fie Sellers or cww tea official. agents or employers. In rase any suit or other proceedings shall be brought against the Pum1i or its offices, agents m employees at any time an account or by reason 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 employes as; ifaremid, the Seller hereby agrees m assume the defense thereof and to e defend the same at the Sellers own external, to pay any and all costs, charges, awameys feesaad other experts, any aml all judgments that maybe incurred by or widened against the Processor or any of its or their officers, agents on employees in such suits or other proceedings, and in case judgment or other lien he placed upon or obtained ugatnt the property of the Purchaser, or said parties in or as a result of such suits or other Forebodings. e the Seller will at once cause the same to be dissolved and discharged by giving bond or Otherwise. The Seller and his contractors shall take all safely precautions, famish and imdll all gaard necessary for the prevention of accidents, comply with all laws and asmatiom with regard to safety including, but without limid m. the Occupational Safety war Health Act of 1970 and all min and regulation issued purmww rbeato. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within may (30) days from the data be change or termination is Ordered. S. COMPLIANCE WITH LAW. The Seller warand d remainder all goosold rtder shall have been produced, sold, delivered and famished in since compliance with all applicable laws and regulations to which figo e ads are subject The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulation required to be incoryoaled in agreements of this character care incorporated herein by his reference. The Seller agrees , indemnify and hold fie Problems harmless from all costs and damages sd wmJ by he Purchaser m a result of th Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies dwe or to become due hereunder without th poor written comer, of other party. 10, TITLE. The Seller warrants full, clear and unresedcted title to the Purchaser for all equipment, materials, and imams furnished in performance of this agreement, free and clear of any and all liens, —Italians, reservations, security interest encumbrances and claims of whon. Revised 072014