Loading...
HomeMy WebLinkAbout110964 PETERSON CANVAS & AWNING - PURCHASE ORDER - 9147433PO PURCHASE ORDER 914743er Page City of PURCHASE 47433 t of 2 ' `t Collins( his number must appear V " , 1�7 on all invoices, packing sli s and labels. Date: 12/16/2014 Vendor: 110964 PETERSON CANVAS & AWNING 1422 WEBSTER AVE FORT COLLINS CO 80524-4718 Ship To: PARKING SERVICES CITY OF FORT COLLINS 215 N MASON, 1ST FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/16/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 weather screening for CCPS Per Quote dated 12-14-14 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@fogov.com 1 LOT LS 11,435.00 $11 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Fan Collins is exempt from state and ]me] taxes. Our Exemption Number is It. NON WAIVER. 98-04502. Formal Excise Tax Exemption Carificate of Registry 84-6000587 is registered with the Collector or Failure of the Pmrchner to insist upon strict performance of the terms and conditions heeof, (allure or delay to Int-wil Revenue, Denver, Colorado (Bar Colorado Raised Statutes 1973, Chapter 39-36,114 (a). examine any rights or remedies provided herein or by law, failure to pmerrily notify the Seller in the event of a breach, the imbalance, Prier Payment for goods hereunder or approval ofthe design, shall not release she Seller of Good Rejected. GOODS REIECTED due as failure to meet specifcanons, endow when shipped or due to defaces of any of the warranties or obligmims of this pmrchaa, maker end shall nor be deemed a waiver of any right of the damage in ..it, may be returned to you fen credit and are eat to be replaced except upon receipt of wrinm purchaser to imist upon sleet Performance hereof or any of its rights or rtmdies as to any such goods, regardless imtmctions from the City of Fort Collins. of when shipped, received or accepted, as to any prior Or subsequent default bercuraler, nor shall any purporml oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Impecnon. GOODS arc subject to the City of Fan Collins inpmtiou on s rival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order ran ¢suit in 13. ASSIGNMENT OF ANTITRUST CLAIMS. authoeaed payment on the part of the City of Fort Collins. How,%on, it u m be undersmod Pat FINAL Seller and the Purehna recoprem that m achal ec a is practice, overcharge resulting from antitrust ACCEPTANCE u dependent upon completion of all applicable raluird inpeetimn procedures, violations are in fact home by the Purchaser. Theretofore,fOr good cause and as con sh ation fen executing this pmchne Order, the Seller hereby assigns to the Purchaser any and all claims it may now have Or hercather Freight Terms. Shipments must he FDA.. City of Fort Collins, 700 Wood St., Fen Collins, CO 80533, unless acquired under fNeal or stem without laws for such overcharges relating to the pvricals, goods or services otherwise specified im this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant in this purchase Omer. bill most accompany invoice. Additional charges for packing will not be accepted. 13i PURCHASE RSPERFORMANCEOF SELLERS OBLIGATIONS. Pointsinvurion pans of the cowtry, shipment is Shipment Distance.nun here manuNdnrcrs have distobon, Yalta Purolator, t he nether m by a time m be agreed upon by the inability pieta ro desontim, and excess freight will be deduced from Invoice when expected fmm BeNe nearest deter and indicates it inability Or unwillingness to comply. the Purchaser erandthe ScSeiler damages m or unwillingness end the Seller, one the Sellay dimn shipments are made fmm greater distance. my ancm be performed by he mast expeditious means available to it and he Seller shall pay all may cause the wort the moot s costs acwciatd with such work. Penmit. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required all applicable laws, regulations, ordinances and rules some, municipality, oertyory or political w th where The Seller shall release me Purchaser and its commmors of any tier from all liability and claims of any wtme jurisdiction lion over the work duly public ion over the work is performed, required by any mmar duly resulting from the performance ofsuch work. Too Call ins andhaving For Collins harmless fmm loss r the City less Saw vendor. Seller further agrees to against all liabandiican nholdowt es, inuredax Nem by reason of an assmcJ or established violation of any such laws, regulation, ordintancu, ales an tr , This relearn shall apply even in the event of fault of negligence of the parry rcleasd and shall extend to the and r yuirmmnts. drectors, olBcers and employees ofsuch Parry. Authm ication. All parties as this comact agree that the representatives are, in but, born fide and possess fit and complete mul omy o bind said panics LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplemenmry or additional terms and conditions annexed herein or i ow bammd herein by reference. Any additional or diRerem terms and conditions proposal by seller era objected 1P and hereby rejected. 3. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot crake complete shipment to arrive on your promised delivery date as noted. Time is after essence. Delivery and performance must be eR ted within the urine sorted on he purchase order and the documents attached berem. No acts of the Purchasers including, without limitation, acceptance of partial late dchicria, shall operate as a waiver ofthis provision. In she event crony 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 ddaya due N causes not reasonably foreseeable which are beyond its reamnable contml and without its fault of negligence, such acts of God, acts of civil or military authorities, gavemmental priorities, fires, strikes, Board, epidemics, war or Hour provided that come of We condition causing such delay is given m me Purchaser within five (5) days of the time when Be Seiler fire received knowledge thereof. In the aent of any such delay, she time of delivery shall be extended far he prod actual to Be time normally lear by reason oldie delay. 3. WARRANTY. The Seller warnanw that all goods, articles, materials and work covered by this order will conform with appl isolate drawings, specifications, samples maker other description given, will be fit for the purposes intended, and performed with he highest degree of care and competence in accordance wits accepted standards for work of a similar retire. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may, suffer or inem on account of the Sellers breach of wamany. The Scile, shall replan, repair or make good, without cost to the purchaser, any defeats or taut. arising within one (1) year or within such ]anger period of time se maybe prescebd by law or by the terms of may applicable warranty provided by the Seller after he date of acceptance of the good burnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance Or we of goods by the Purchaser shall not constitute a waiver of any claim under this waranry. Except as otherwise prmided in this purchase order, the Sellers liability hereunder shall extend m all damages proximately caused by the breach of any of the foregoing waramms or guardmees, but such liability shall in no event include loss ofpmfit 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 to legal teen by written change order 5. CHANGES IN COMMERCIAL TERMS. The Purchaser any make any changes m he arm¢, other than Ivgal mans, including ambitious to or deletion from the quantities originally ordered in the specification or drawings, by verbal or women change order. If any such change affect the amount due or the time of perfonrencc hereunder, an equitable adjustment all be made. 6. TERMINATIONS. The purchaser may at any time by weaen change order, terminate this agreement as to any or all portions of the goads then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall col be liable for any claims for anticipated profits on the uncompleted portion ofthe goods and/or weak, for incidental or inconsequential damages, and that no such adjustment be made in favor of the Seller with respect to any good which an, the Sellers standard stock. No such termination shall reline Bar Nuchaser or the Seller or., of Bad, obligations as to soy goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days [rem the date the change or termination is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Out all good sold harrower shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulation to which the good sure subject The Seller shall execute and deliver such documents as may be required N effect or evidence compliance. All laws and regulation requird to be incorporated in agreement of this character are hereby incorporated herein by this reference. The Seller agrees or indemnify and hold me Purchaser lament. from all costs and damages sufTerd by the Purchaser, as a resins of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall Haig, manor, or convey this order, or any monies due or to become due hereunder without the prior wrimen cm.cnt ofthe other luny. 10. TITLE. The Seller warrants full, clear and unrestricted rille to the purchaser for all equipment, mmaiat, mod items Banished in performance of this agreement, free and clear of any and all lien, reatrimim e, nesenuterm, security interest encumbrances and claims of when. The Sellers contmctuul obligation, including warranty, shall not be deemed W be reduced, in any way, because such work is performed m caused 0 be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by lever, parent, trademark or copyright, the Seller small indemnify and save harmless the purchaser from any and all claims for infringement by reason of the use of such parented desigw device, material or process in comeeim wits the contract, and shall indemnify the Pinch um for any cost, expene or damage which it may be obliged an pay by nmsm of such infringement at any time during the p.ti. Or after the .,].as. of he work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held in constitute infringement and the we of said equipment or part is enjoined, the Seller shall, at its own caroms, and at its option, ether procure, for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but noninfriaging muipmrnL or modify it so it becomes nonlntHnging. 15. INSOLVENCY. If the Seller shall become insolvent Or badmpl, make an assigmnem for the benefir of creditors, appoint a maniew or wstre for any of the Sellers propmy art business, this order nssy foMwiN be rvrceid by Be Pmchna without liability. 16. GOVERNING LAW. The definitions of arms, used or the interpretation of the agreement and the rights of all parties hereunder shall be convinced under and governed by the laws of the State of Colorado, USA. The fallowing Additional Cmndaims apply duly in was wham me Seller is as perform work hereunder, including the smica ofSellem Re,minmestive(s), an the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Billy completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment we fumishd by others for installation or erection by the Seller, the Seller shall marive, unload, stare and handle same a1 the site and become responsible Nertfor as though such materials and/or equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the paymml of workers compensation, including occupmlonl disease benefit, to its employees employed on or in connection with the work covered by this purchase order, anchor to their dependents in accordance with the laws of the slate in which the work is N be done. The Seller shall also tarty comprehensive general liabiliry including, but not limited to, connotation and automobile public liability assurance wish bodily injury and death limits of at least S300,000 for any one person, S500,000 for any ow trident and progeny damage limit per accident of S400,000. The Seller shall likewise require his contactors, if any, m Provide for such compensation and insurance. Before any of the Sellers at his contractors employees shall do any work on the premises Proctors. the Seller shall famish the Purchner with a cenifiwte that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided. Such cenificams shall specify the dine when such compenation and insurance expires. The Seller agrees that such compcnamion and insurance sholl be maintained until other the entire work is compidel and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby worerm, me entire responsibility and liability for any and all damage, loss or injury, army kind or retire wha.mever m person or property caused by at training than the execution of he woh provided for in his purchase ender or in connection herewith. The Seller will iMmmiy oral hold harmless the purchaser and any r all of she Purchasers offcers, .,an. and employees from and againt any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to person or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall Be brought o,wd the Purchaser, art its officers, agents or employees at any time on account or by reason of any act action, ral ltts, omission at default of the Seller of any of his contractors or any of its or their affects, agents or employees as aforesaid. the Seller hereby agrees m nstmrc the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchner or any of its or their affects, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property ofthe Purchaser, or said panics in or as a result attach sums or other proceedings, the Sella will at once cause the same to be dissolved and discharged by giving band or otherwise. The Seller and his contactors shall take all safety praaution, famish and intall all guards neee:wy for the prevention of accidents, comply with all laws and regulation with tepard to safety including, but without limitation she Occupational Safety and Health Act of 1970 end all telex anal regulation issued pursuant thersm. Revised 07W4