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HomeMy WebLinkAbout109377 NEVCO INC - PURCHASE ORDER - 9120484City of �,.For/t Collins Date: 01/25/2012 Vendor: 109377 NEVCO INC 301 E HARRIS AVE GREENVILLE Illinois 62246-2193 PURCHASE ORDER PO Number Page 9120484 ' of 2 This number must appear on all invoices, packing slips and labels. Ship To: PARK MAINTENANCE CITY OF FORT COLLINS 413 S BRYAN FORT COLLINS Colorado 80521 ,V-aw Or, 269- M -9Q3cr Delivery Date: 01/25/2012 Buyer: ED BONNETTE Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Scoreboard for YAC 1 LOT LS PER QUOTE #6015 DATED 1/16/2012. SHIP TO ATTN: MARC RADEMACHER; CONTACT #(970)2224205 (cell). City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO 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 9,138.75 Total $9,138.75 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fen Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-Uf502. Federal Excise Tax Exemption Certificate of Registry 94-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hmof. failure or delay to Internal Revenue. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by lair, failure to promptly notify the 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 men specifications, citha when shipped or due to defects of any Of the wammics or ON igations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless insnuetions form the City of Fen Collins of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any pmrpertcd and mndi fi cation or ruceic ion 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 equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fen Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations arc in fact borne by the Purchase, Theretofore, 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 hereafter Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 50522. unless acquired under federal or slate antitrust laws for such overcharges relating to the particular good or services otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the Country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments arc made force gmata distance. Permits. Seller shall procure at wllcn sole cost all necessary permits, ecnificams and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, hre territory or political subdivision we the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Sella further agrees to hold the City of Fen Collins harmless fmm and against all liability and loss incurred by them by reason of an asserted or established violation of am' such laws, regulations, ordinances odes and requirements. Authorization. All panics to this rnmmd agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order exp x, ly limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed hereto or incorporated 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 on your promised delivery date as noted. Time is of the essence. Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without limitation, acceptance of partial late deliveries, shall operate as a waiver ofthis prevision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplaeing this order elsewhere and holding the Sella liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which am beyond its reasonable control and without its fault ofnegligence. such acts of God. acts ofcivil or military authorities, governmental priorities, fires, 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 Seiler 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 of the delay. 3. WARRANTY. Tbe Seller wamnts that all goods, articles. materials and work covered by this order will conform with applicable dmsrings, specifications, samples and/or other 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 Seller agrees to hold the purchaser harmless from any Inns, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wamnty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults arising is ithin one (I) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting fmm imperfect or defective work done car materials famished by the Seller. Acceptance or use of goods by the Purchacer shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Scllcrs liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wammics 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 LEGA L TER MS. The Purchaser may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the toms. other than legal more, including additions to or deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. If any .such change affects the amount due or the time of perfomancc hacunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by wrincn change order, terminate this agreement as to any Or oll portions of the goods then not shipped, subject to any equitable adjustment bcteven the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be Conde in favor of the Sella with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the Sella of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be seamed within thirty (30) days fmm the date the change or termination is ordcmd. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ban produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject, The Sella 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 and hold the Purchaser harmless from all costs and damages suffered by the Purchaser ns a result of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrincn consent of the other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment. matcrials, and items famished in performance of this agreement, free and clear of any and all liens restrictions, reservations security interest encumbrances and claims of ethers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. film Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may,eause the work to be performed by the most expeditious means available to it, and the Seiler shall pay all casts ossociatcd with such work. The Seller shall release the Purchaser and its contractors of any net fmm all liability and claims of any nature resulting form the performance of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. officers and employees ofsuch party. The Sellers contractual obligations, including wamnty, shall not be devoted 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 required to axe any design, device, material or process covered by later, patent. trademark or copyright, the Seller shall indemnify and save hamdess the Purchaser fmm env and all claims for infringement by reason of the use ol'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 may be obliged to pay by reason of such infringement at any time during the prosecution or aficr the completion of the work. In case mid equipment, or any pan thcrcof or the intended use of the goods, is in such suit held to constitute infringement and the use of slid equipment or part is enjoined, the Seiler shall, at its own expense and at its option. either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it hccnmcs noninfunging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers pmperry or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of temts nscd or the interpretation of the agreement and the rights of all panics hereunder shall be construed under and govancd by the Imes of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the services of Scllcrs Representativc(s), on the premises Ofmhem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selle's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Scllcrs final completion and acceptance, complete the work at Seller's own expense and to the satisfactinn of the Purchaser. When materials and equipment arc famished by others for installation or oration by the Seller. the Seiler shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment ofworkcrs compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the In,s of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with brdily injury and death limits of at least S30Q" for any one person, S50o.fa0 for any one accident and property damage limit per accident of S400.000. The Seiler shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises ofothcrs, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such certificates shall spceifv the date when such compensation and insurance have bcen provided. Such ecnificates shall specify the date when such compensation and insurance expires. The Seller agrees That such compensation and insuranceshall he maintained until a0er the entire work is 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 any kind or nature whatsoever to persons or property caused by or resulting from the execution of the work pmvidcd for in this purchase order or in connection herewith. The Set let will indemnify and hold harmless the Purchaser and any Or 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 persons or pmperry to which the Purchaser may he pill or subject by reason of any act. action, neglect, omission or default on the pan of the Scllcr, any of his contractors, Or any of the Scllcrs or contractors oRecrs. agents or employees. In case any suit or Other proceedings shall be bought against the Purchaser, Or its Officers, agents or employees at any time on 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 offcas, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the slue at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses any and all judgments that cony be incurred by or obtained against the Purchaser or any of its or their officers, .agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seiler will m once cause the same to be dissolved and discharged by giving bond or othemisc. The Seller and his contractors shall lake all sally incestuous, furnish and install all guards necessary for the prevention of ,accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and till odes and regulations issued pursuant thereto. Revised 03/2010