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HomeMy WebLinkAbout108811 THE NEENAN COMPANY LLLP - PURCHASE ORDER - 9121465City of /11 ,Fort Collins PURCHASE ORDER Date: 03/1212012 Vendor: 108811 THE NEENAN COMPANY LLLP PO BOX 2127 FORT COLLINS Colorado 80522-2127 PO Number Page 9121465 1of2 This number must appear on all invoices, packing slips and labels. Ship To: TRANSPORTATION PLANNING & 281 NORTH COLLEGE FORT COLLLINS Colorado 80524 Delivery Date: 03/12/2012 Buyer: JOHN STEPHEN i!t7i^ Line Description Quantity UOM Unit Price Extended Ordered Price future downtown Development 1 LOT LS 5,000.00 DDA funding- Jefferson ST 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 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 IP Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By statute the City of Fan Collins is exempt form state and local taxes. Our Exemption Number is 11. NONWAIVER. 99411502. Federal E ciao Tax Exemption Certificate of Registry 84-6000557 is registered with the Collector of Failure of the Purchaser In insist upon stria Performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Stnhoes 1973. Chapter 39-26. 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the cvcm of o breach. the acceptance ofor pnyamnt for goods hereunder or approval ofthe design,.sholl not release the Seller Of Goods Rejected. GOODS REJECTED due to failure to meet specifimnime;. either when shipped or due to defect of any of the warranties or obligations of this purchnsc aide, and shall not be domed a waiver of any right of the damage in transit, may he rearmed to you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict Performance herenfor any Of its rights or remedies as to any such goods. regardless instruction., form the City of Fort Collins, of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall may purpnrtvl Oral modification at rescission of this purchase order by the Purchaser operate as a waiver oT.uny of the terms Inspection. GOODS arc sullied to the City of Fon Collins inspection on arrival. hereof. Final Acccptancc. 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 Fort Collins. However. it is to he understood that FINAL Seller and the Purchases recognize that in actual cconmmic practice, overcharges resulting from antimnst ACCEPTANCE is dependent upon eamplction ofall applicable required inspection procedums, violations arc in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase onler, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Teats. Shipment must be F.O.H.. City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522. unless acquired under federal or state antitrust laws for such overcharges relating to the pnniadar goods or services other, kc specified an this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursonal to this purchase order. bill rant accompany invoice, Additional charges for packing will not he accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is If the Purchaser directs the Scllcr to correct nonconforming or defective goods by a date to be agreed upon by the expected From the merest distribution point to destination, and excess freight will be deducted form Invoice when Purchaser and the Seller, and the Seller thcreafter indicates its inability or unwillingnccs to comply, the Purchaser shipments am made from greater distance. may cause the work to be perfamcd by the most expeditious means asailabic to it, and the Seller shall pay OF costs associated with such work. Permit. Seller shall procure at sellers sole cost all necessary permits. ccnlfiexty and licenses required by all applicable Imes, regulations, ordinances and rules of the slate, municipality. Ieriterym political subdivision where the work is puf mod, or mcluimd by nay other duly constituted public authority having jurisdiction over the work of vendor. Seller fumher agrees to hold the City of Fan Collins hamlcss form sad against all liability sad loss incurred by them by reason of an asserted Or established violation of any such laws. regulations, ordinances. roles and requirements. Anthoriznlion. All panics to this commit agree that the representatives arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions state(] herein set fourth and any supplementary or additional tans and conditions annexed hacto or incorporated herein by m rcmace. Any additional art different tans and conditions proposed by Scllcr ore ohjected to and hereby rcicaad. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to Inive on your pmmiscd delivery dale as anted. Time is ofthe essence. Delivery and performance must he effected within the time .stated on the purchase aide, and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall apcmte as a waiver of this provision. In the event ofany 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 eouscs not reasonably foreseeable which arc beyond its reasonable control and without its fault ofacgligence, such act of Gad, acts of civil or militarynathoruies, go%cmmental priorities, fires, strikes Hood, epidemics, oars or riots pmvidcd 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 knouicdge thereof. In the event of any latch delay, the date of delivery shall be extended for the period equal to the time aemally lost by reason ofthe delay. 3, WARRANTY. The Seller wamnts that all gads, articles, materials and work covered by this order will confront with applicable drawings, specifialime, samples amlm 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 hamlcss from any loss, damage or expense which the Purchaser may suffer at incur on account of the Scllcr, breach of wamnty. The Seller ,ball replace, repair or make good wilhan cost to the purchaser, any defects or faults arising within one (II year or within such longer perind Of time as may be prescribed by Inv or by the toms of any applicable warranty provided by the Scllcr after the date of acceptance of the good furnished hereunder (acceptance not to be unreasonably delayed). resulting form imperfect or detective work done Or materials famished by the Seller. Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this wamnty. Except as otherwise provided in this purchase order. the Set Ices liability hereunder shall extend to a1I damages proximately caused by the breach of any of elm forefront, warrant ics err guarantees. but such liability shall in no evenr include loss of profits or loss of use. NO IMPLIED WAR R A N'I Y OR M ERCHA NTA 131 L ITY OR OF FITN F.SS FOR PUR POS r: SI TALL APPLY. 4. CHANGES IN LEGAL. TERMS. The Purchaser may make changes to legal tans by written change order. 5. Cl 1 A NC ES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or dcleti erns Tram the quint hies atiginally ordered in the cpeei frcminns our dnwi ngs, by verbal err written cl,ange nNef. If any such change affect the amount due or the time of performance hcrcundcr, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the goods then not shipped subject to any equitable adjustman between the parties n, to any work art moncriat then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work. for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect many good which are the Sellers standard stork. No such temoinatinn shall relieve the Purchaser or the Seller ofany oftheir obligations as many good delivered Immora r. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he issemed within thirty (30) days form the date the change or termination is mdcied. R. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and Furnished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Seller shall execute and deliver such docummtts as may be acquired to effect or evidence compliance. All Incas and regulations required to he incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees 10 indemnify and hold the Purchaser hamlcss from all costs tend damages suffered by the Purchaser as a result of the Scllcrs failure to comply with such Inc. 9. ASSIGNMENT. Neither parry shall assign, transfer. or convey this order, or any monies due or to become due hereunder without the prior 0 ritten consent of the other pony. 10. TITLE. The Seller warrants full, clear mad unrestricted till, to the Purchnscr for all equipment. materials, and items furnished in performance of this agreement. free and clear of any and all Ii,ns, restrictions, rescrvmians, security, interest encumbrances and claim,, ofathers, The Seller shall rcicasc the Purchaser and its cuntmctors Offaly tier from ill liability and claims of any nature resulting from the pnfomancc of such work. This rcicasc shall apply even in the year of fault of negligence of the party released and shall extend in the directors, omens and employees ofsuch party. The Seller i contractual obligations, including wamnty, shall not be deemed to be reduced, in any way, because such work is perfomal or caused to he performed by the Purchaser. 14. PATENTS. Whenever the Scllcr is required to use any design, device. material or pmeess covered by Jeerer, patent, trademark or copyright, the Scllcr shall indemnify and save hapless the Purchaser (ram 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 cast, cspcnsc or dznmgc which it may be obliged to pay by reason ofsuch infringement or any time during the prosecution or a0cr the completion ofthe work. In ease said equipment, or any pal theeof or the intended use of the goods, is in such suit held to constitute 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 Parehaser the right to continue using said cquipmcnt or pans, replace the same with subsnntially equal bill noninfringing equipment, or modify it so it becomes naninfringing. 15. INSOLVENCY. If the Seller shall became insolvent Or boakmpt, mike an assignment for the bereft of creditors. appoint a receiver or trustee for any of the Selicrs property or business, this order may forthwvith he canceled by the Purchaser without liability, 16. GOVERNING LAW. The definitions of rants used or the interpretation ofthe agreement and the rights of all panics hereunder shall be construed under and governed by the laws of the Slat. of Colorado. USA. The following Additional Conditions apply Only in cases where the Seller is to Perform work hccundcr. including the services of Sellers Represcntative(s), on the promises of others. 17. SEI.LERS RESPONSIBILITY. The Scllcr ahnll carry unsaid work al Seller's Own risk until thr same is fully completed and neeepred, and shall. in case of any accident, destmetion or injury to the work and/or materials before Seller's Final completion and acceptance, complete the work at Selves own expense and to the satisfaction Of the Purchase, When nta trials and equipment are famished by others for installation or erection by the Seller, the Seller shall mccivp unhand, store and handle same at the site and heroine responsible therefor as though such materials and/or equipment were being furnished by the Seller under the order. IR. INSURANCE. The Seller shall, at his own cspcnsc. Provide far the payment of workers compensation, including occupational disease bcncfL, 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 Imes of the state in which the work is to he done. The Seller shall rNo carry comprehensive general liability including. but not limited to. contractual and automohile public liability insurance with bodily udery and death limits of it Ieast sl00.000 for any one person, S5ING010 for any one accident and pmpcny, damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any. to provide for such compensation and insurance. Before any Oldie Sellers or his contractors employees shall do any work open the premises of others, the Scllcr shall furnish the Purchaser with a ccmificatu that such compensation and insurance have been Provided. Such canificates shall specify the date when such compensation and insumncc have been pmvidcd. Such certificates .shall specify the date when such compensation and insurance expires. The Scllcr ogress that such compemmion and insumncc shall be maintained until Per the entire work is completed ind accepted. 19. PROTECTION AGAINSTACCIDEN'TS AND DAMAGES. The Scllcr hereby assunms the entire responsibility and liability for any and all damage loss or injury ofany kind or naive whatsoever to persons or property caused by or resulting Tom the execution of the work pmvidcd for in this purchnsc order or in connection herevith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purchasers o0icers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or properly to which the Purchaser may he put or subject by reason office act, action, neglect, omission or default on the pan ofthe Seller. any of his contractors, or any of the Sellers or contractors oRecrs, agents or employees. In case any suit or other proceedings shall be brought against the Purchnscr, or its officers, agents or employees at any time an account or by reason ofany act, action, neglect. emission or default of the Seller of any of his contractors or any Of its or their oRecrs, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, in pay any and all costs, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any Of its or their officers. agents or employees in such suits or other ptOceedings, and in case judgment or other lien be placed upon or obtained against the property fthe Pun:hascr, or said panics in or as a result of such suits or other proceedings, the Seller will at once cause the same to he dissoli ed and discharged by giving bond Or otherwise. The Scllcr and his contractors shall take all safety precautions. furnish and install all guards acces,smy for the prevention of accident, comply with all laws and regulations with regard to safety including, but within limitation, the Occupational Safety and UcrIlh Act of 1970 and all mles sad regulations issued Pursuant thereto. Revised 03/2010