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HomeMy WebLinkAbout110964 PETERSON CANVAS & AWNING - PURCHASE ORDER - 9146577PO PURCHASE ORDER 914657er Page rCI�/ of PURCHASE 46577 1 of z ' `tCollins( Thisnumber must appear v on all invoices, packing sli s and labels. Date: 11/1012014 Vendor: 110964 . PETERSON CANVAS & AWNING 1422 WEBSTER AVE FORT COLLINS CO 80524-4718 Ship To: HUMAN RESOURCES CITY OF FORT COLLINS 215 N MASON, 2ND FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 11/07/2014 Buyer: DOUG CLAPP Note: Line Description Quantity UOM Unit Price Extended Ordered Price Wellness Clinic 1 LOT LS 2,275.00 Provide all necessary labor and materials to complete the Wellness Clinic canopy per proposal dated 8/15/14. Wellness Clinic canopy - $1,870.00 Sign Permit costs - $35.00 Building Permit - $95.00 Engineering - $200.00 Mock-ups & drawings - $75.00 Contact: Ethan Cozzens 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 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 I. COMMERCIALDEfAILS. Tax exemptions. By statute Her Ciry of Fan Collins is exempt floor summand local tams. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 841-60W587 is registered with the Collector of lateral Revenue, Dmea, Colorado (Ref. Colorado Revised Stinutes 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to Hear specifications, either whin shipped or due to defects of damage or tmmit, may be rmumed m you far credit and are art 10 Is, rrylac[d except upon receipt of whom instructions firm the City offset Collins. Inspection. GOODS are subject to the City of Fort Collins inspection Or arrival. Final Acceptance. Receipt of the merchandise, services or equipment is response m this order can mutt in anrhedxd paMan on the pan of the City of To" Collins. However, it is or be understood Out FINAL ACCEPTANCE s dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments most be F.O.B., City of Fon Collins, 700 Wool Sr, Fort Collins, CO 80522, unless otherwise specified on this color. Upermission is given to prepay freight and charge separately, the original freight bill must accompany imoume Additional charges for parking will not be accepted. Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is expected from the nearest distribution pains to deslinmion, and excess freight will be deducted from Invoice when shipments are made from greater distance. Prnnits. Seller shall pmcurt or sellers sole cost all n.ssary Famous certifia¢s and licenses required by all ,,liable laws, regal....., ordinances end toles of the slue, municipality, ¢nitory or political subdivision where the work is perfamted, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fod Collins harmless four and against all liability and loss incurred by them by season of an axsened or established violation of any such haws, legulatiotu, mohninces, rates and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said plies. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and condnlom stated herein sn forth and any supplementary or additional terms and conditions annexed hereto or incoporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your promised delivery dote as fiord. Time is of me esimtt. Delivery and performance must be ertecmd within the time stated on the puehme order and the documents attached fauna. No acts of the Purchasers including, watham tin nation, acceptance of panial late Jet iveries, shall operate as a waiver of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this older elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages m a resull of delays due to values not manually flammable which are beyond its reasonable mntml and without its fault i fnegingence, such act of God, acts of civil or military authorities, govemmrnul priorities, for, smkes, flood, 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 of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason ofe delay. I. WARRANTY. The Seller warrants that all goods, inlet., materials and walk covered by this oMe, will conform with applicable drawings, specifications, samples and/or other descriptions given, will be tit for the parpmes intended, and performed with the highest degree of rare and competence in accordance with accepted standard for work of a similar nature. The Seller agrees to held me purchaser harmless from any lass, damage or expense which the purchaser may caffeine ac. on mcoum of the Sellers breach of.,. Thor Sella shell replace, repair or male Road, without cost to the purchaser, any defects or faults arising within one (I) year or within such longer period of time as maybe prescribed by law or by the mans of any applicable womanly provided by the Seller after the date of acceptance of the goods famished hemander (acceptance not to be rnreamrubly delayed), mulling from imperfect or defective week done or materials finumbed by the Seller. Acceptance or use of gooks by the Purthasa shall not connimu a waiver of any claim under this waroanry. Except as otherwise provided in this prchau order, the Sellers liability her ander shall extend to all damages proximately exuuJ by the broach of any of the foregoing wamnties or guarantees, but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes or legal emu by written change order. S. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the terns, other than legal mans, including additions m or delaions from me 9ramida all,-,], ordered in Her sperflatiorn m dmwings, by verbal or women change order. If any such change affect the amounr due or the time ofpM ounce hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agmement as to any or all portions of me goods then not shipped, subject to any equitable ad,u , between the pvmies as to any work or materials then in progress provided Hear the PurcM1.er shall tot he liable for any claims Our anticipated profts on the uncompleted portion of the goads labor work, far incidental ar consequential damages, and that no such adjustment be made in favor of the Seller with respect m any goods which arc the Sellers standard stack. No such termination shall relieve Hot Purchaser or me Sells army afthru obligations as to any goads delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within diary, (30) days f me dam the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants dal al goods sold bcrtunder shall have been produced, sold, delivered and famished to shirt compliance with all applicable laws and regulations 0 which the good are 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 incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify sad held the Purchaser harmless form all costs and domags surered by the Purchaser as a molt ofthe Sellers f fi ue to comply with such law. 9. ASSIGNMENT. Neither party shall cosign, transfer, or convey this orderor any monies due or to became due hereunder without the prior venhen cement of the other pang. 10. TITLE. The Seller warrants full, clear and tuarvarmd title tome Puchaur for all equipment, materials, and items! ished in performance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances all claims.foders. 11. NONWAIVER. Failure of the Proclaim to insist upon said performance of the temp and conditions hereof failum or delay to carmise any rights or remedies provided herein or by law, failure to promptly unity the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the wacantics or obligations of this purchase order and shall not be deemed a waiver of any right of the purchase, or insist upon arrier performance formal., any of its rights or remedies as m any such goads, regardless of when shipped, received or accepted, as to any prim or subsequent default hereunder, Our shall my purported coal modification or rescission of this purchase older by the Purchaser operate no a waiver of my of the tents hertuf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Sella and the Purchaser recognize that in tw ual eco c practice, overcharge mulling form antimut violations are in fact home by the Purchaser. Thereto!, for goad muse and as coruide Trion for executing this purchase order, the Seller hereby m.Igns to the Puchmer any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relining to the particular goods or services purchased or acquired by the Purehoser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date so be agreed upon by the Purchmer and the Sella, and the Seller Heritage, indicates its inability or unwillingness to comply, the Purchaser envy cause she work to he performed by the most expeditious means mailable to t, and the Sella shall pay all emts associated with such work. The Sella, shall orbs., the Purchaser and as contractors of any He, from all linbiliry end claims of any nature resulting from the performance of such work. This ad. shall apply even in the event of fault of negligence of the parry released and shall limed to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is rryvind as use any design, device, material or process coverts by Imes patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchmer from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it maybe obliged to pay by reason of such infdngemerl al any time during the prosecution or after the complain. of the work. In case said equipment, ar any pan thereof or the intended use of the goods, is in such suit held m consfi.m infringement and the use of said equipment or Pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes rominfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for de bare!( of creditors, Volcano a racciver to trustee for any of the Seller property or business, this order may forthwith be canceled by the Purch aser witho tliability. 16. GOVERNING LAW. The defnitioos of mums rand or the imerpretarien of the agreement and the fights of all panics heeunder shall be command under and governed by the laws ONO, State of Colorado, USA, The following Additional Conditions apply only in cases where the Seller u to perform work hereunder, including the services ofSellcrs Represenarive(s), on the premfes ofothns 17. SELLERS RESPONSIBILITY. The Sella shall may on said work at Sellers own risk until the same is fully completed and accepted, and shall, in case of any accident, deswction or injury m the work aM/or materials before Sellers final completion and .cepmme, complee the walk an Sellers own experaw and 1. the satisfaction of the Purchaser. When materials and equipment art f ishM by others for installation or lemon by the Sella, den Sells shall receive, unload, stare and handle same at the site and become responsible therefor as though such materials and/or equipment were being famished by the Seller under the coder. 19. INSURANCE. The Sell. shall, al his own expense. provide for flue payment of workers campematirn, inclading occupatimaa disease berefq la its employees employed on or to connection with the wads covered by this purchase order, andtor to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited m, contractual and automobile public linbiliry insurance with bodily injury and death limits of at Ill 5300,000 for my one person, 5500,000 for any coaccident aM profscny damage limit per accident of Sd00,008 The Seller that likewise regime his ns area. if any, to provide for such compensation and insurance, Before may of the Sellers or has contractors employees shall do any work upon the premises of others, the Seller shall bullish the Purchaser with a complete that such compensation and insurance have been provided Such certificate shall specify the dam when such omperuation and imtmance, have been provided. Such certificates shall xp«ify the date when such compensation and tmumce cxptm. The Sellxar agrees that such comprnaction and insurance shall be maintained mtil after the entire work is completed and accepted. 19. PROTECTION AGAMSIACCIDENTS AND DAMAGES. The Seller hereby assume the entire mponsibiliry and liability for any and all damage, loss or injury Ofany kind or na.n, whatsoever m persons or property mused by or malting firm the m vmtion of the work provided for in this puchase older or in connection herewith. The Sella will wdemoify and hold hamrless the Puchaser and my r all of He Purchasers ocen. agent end employees from and against any cord all claims, les, damages, cm harges or expenses, whether direct or radical, and whether to Persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on de part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In use any suit or other proceWmpy shall be brought against the Purchaser, or its athem, agents or employees at any can on accoant or by reason of any act, action, million, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller M1ercby ogres to assume the defer. Ihermf and to defend the same at the Sellers own expense, to pay any and all cost, charges, allomeys fees and other expenses, any and al judgments that may be incurred by or Obtained against the Purchaser many of its m that, officers, agents or employees is such auto or Other proceedings, and in case judgment or other [am be placed upon ter Obtained against me property of the Purchaser, or said panic in or as a mutt of such suits or Omer proceedings, the Seller will at once cause the same to be dissolved and discharged by giving band or otherwise. The Sella and his contractors shall take all safety precautions, famish and install all guard necesmry for me prevention of accidents, comply with all laws and regulations with regard to safety including, but wtmaal fmimbon, the Occupational Safety and Health Act of 1970 and all ades and regulations issued personal thereto. Revised 0I12014