HomeMy WebLinkAbout108811 THE NEENAN COMPANY LLLP - PURCHASE ORDER - 9132527 (3)Fort Collins
Date: 03/18/2014
Vendor: 108811
THE NEENAN COMPANY LLLP
2607 MIDPOINT DR
FORT COLLINS CO 80525
PURCHASE ORDER
PO Number Page
9132527 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: OPERATIONS SERVICES
CITY OF FORT COLLINS
300 Laporte Avenue
Building B
FORT COLLINS CO 80521
Delivery Date: 05/16/2013 Buyer: JOHN STEPHEN
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
6 Change order #4 1 LOT EA 55,614.15
Senior Center
Total $55.614.15
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
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
110MI _ - B rGfil nC�f.LFI4fLTlfi-
Page 2 of 2
1. COMMERCIN,DETAILS.
Tax excreptiom. By statute be City of Fort Collins is exempt from sate and local taxis. Our Exemption Number is
11. NONWAIVER.
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collator of
Failure of be purchaser to insist upon strict performance of the tetras and conditions hereof, failure or delay to
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a).
exacke any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of e
breach, the acceptance of or payment for gawk hereunder or approval ofthe design, shall not release the Seller of
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
any of the watmnties or obligations of Nis purchase order and shall not be deemed a waiver of any right of flue
damage in transit, may be rerumd m you for credit and me not to he replaced except upon receipt of written
purthamr to insist upon strict pofrr ara ce hereofor any of in rights or remedies as to any such goods, regardless
imwcdons from Fire City of Fon Collins.
of when shipped, received or accepted, az to any prior or subsequent default hereunder, nor shall any purposed
oral modification or rescission of this purchase order by the Purchaser operate . a warm of my of be teas
Impaction GOODS are subject m be City of Fort Collins inspection on arrival.
head
Final Acceptance. Raeipt of the merchandise, servled or equipment in response to this order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
mahoiud payment on the prat of the Ciry of Fan Collins. However, it is to be understood Out FINAL
Seller and the Purchaser recapim that in actual economic practice, overcharges resulting from mtitruet
ACCEPTANCE is dependent upon completion of all applicable required inspection procedures.
violation ere in fact home by be Purchoun. Thadofore, for good cause and in consideration for executing this
purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now haw m hereeflor
Freight Tenn. Shipman must be F.O.B., City of Pon Call,., 700 Wood St., Fen Collins, CO 80522, unless
acquired under federal or site minicar laws for such overcharges relating to the particular goods ar services
otherwise specified For 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 matt acmmnanv invoice. Additional shared for radio¢ will not be accented.
Shipment Distance. Where manufacturers have distributing Points in sarioes puts of the am", shipment is
expected from the neatest distribution point to diminution, and excess freight will be deducted form Invoice when
shipments ere made from great. divorce.
Parties. Seller shall procure at sellers sale cast all necessary parnin, cerfifcates and license, required by all
applicable laws, regulations, ordinances and roles of the stag, municipality, touch, or political subdivision where
the work is performed, or required by any other duly dowu used public authority having jurisdiction over the work
of vendor. Seller lusher agrees m hold the City of Fort Collins harmless from and against all liability and lass
incurred by diem by reason of an assured or established violation of any such laws, regulations, ordinances, roles
Ford requirements.
Authorisation. All parties to Nis contract agree Out the representatives are, in fact, bona fide and possess full end
complete authority to bind said paria.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptanm to the lemurs and conditions sated
herein set forth and any supplementary or additional umn and conditions annexed hereto or incorporated herein by
reference. Any additional or different erms and conditions proposed by seller me 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 m noted. Time is of the .mount. Delivery and performance must be effected within the time
said on the purchase order and be dominant attached hereto No arts of the Purthmers includin& without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver of Otis prevision. In the dent of any delay,
the Purchaser dull have, in addition to Fisher legal and equitable readies, be option of placing this order daewhere
and holding the Sell, liable for damage,. However, fc Sell, shall he, be liable for damages as a result of delays
due to causes notvamnably foreseeable which For, beyond its reamnable central and without in fault of negligence,
such act of God, acts ofrivil or military authorities, governmental pnomies, fires, strikes, flood, epidemics, wars or
riots provided bat 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 be evens of any such delay, the time of delivery shall be
extended for be Perid equal to the time actually lost by reason ofthe delay.
3. WARRANTY.
The ScHer warrants that all goods, articles, materials and work covered by this order will conf with applicable
drawings, specifications, sample, andor other descried. give, will be fit fro the purposes intended, card
performed with the highest degree of ate and competence in azmrdance wit accepted standards for we& of a
similar nacre. The Sell, agrees to hold to pumhaser homilem from any loss, damage or expense which fc
Purchaser may suffer m incur on account of be Sellers breach of warranty. The Seller shall replace, repair or make
good, wifour cost to the purchasq troy defecn or faults arising within one (I) year or within such longer period of
time as may be proscribed by law or by be teen of any applicable warranty provided by the Sells after the date of
acceptance of the goods Furnished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect
or defective work done or materials fiunished by the Sella Acceptance or we of good by the Pardner shall not
constitute a waiver of my claim under this warranty. Except as oherwise provided in this purchase order, the Sellers
liability hereundar shall extend no all damages prmimmely runded by be breach of any of fe fategoirmg warranran
or g.tod, bur such liability shall in em event ituhtde loss ofp.fi. the 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 team by admen change order
5. CHANGES IN COMMERCIAL TERMS.
The Pumhner may make my changes to foe terms, other than legal toms, including addition to or deletions from
the quantities originally ordered in be specifications or drawings, by carol o written change order. If any such
change affects the amount due or be time of Performance hereunder, an equitable sdjustment shall be made.
6. TERMINATIONS.
The Purchaser may m any time by wnma change order, ¢mmiam this a®eannenm an to any or all portion of the
goods that nit shipped, subpar m any equitable adjustment between fe .an as to any work Or materiels ten in
progress provided that the Purchaser shall not be liable for any claims for anticipated profits an be uncompleted
portion of be goods minor work, for incidental or consequential damagn, and that no such adjmtment be made in
favor of the Seller with respect la any goods which arc the Sellers standard stock. Na such termination shall relieve
the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder.
9. CLAIMS FOR ADJUSTMENT.
Any claim for adjthament mat a mrso ed within biry (30) days from Oa date be change or termination is
ordered.
8. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and fiunishd in strict
compliance wit all applicable laws and regulations to which the good are subject. The Seller shall execute and
deliver such document on 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 hawless from ail costs and damages suffered by the Purchaser in a result of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign,.mnfer, or convey this hNer, or any monies Me m to become due hereunder without be
prior written coment ofte other party.
10. TITLE.
The Seller warrants full, clear and umdtricted ti0e to the Purchaser for all equipment, materials, and items fchishd
in performance of this agree a nn, free and clear of any and all lien, restrictions, reservations, security interest
encumbrances and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Forehead directs the Seller to coned nonmnformieg cur defective goods by a date m be agrees upon by the
Purchaser and the Seller and the Sell, bander radical. in inability or unwillingness m compy, the Purchaser
may cause the work to be pinformM by be most expeditions mecum available he it, and the Sell, shall Pay all
costs msocided with such work.
The Seller shall relame the Purchaser and its contractors of any tier from all liability and claims of any nature
walling from he 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 of such party.
The Sellers contractual obligations, including woman y. shall oom be damsel 10 be reduced, in any way, beach,
such work is prof d a courted to be pert d by the Purchaser.
14. PATENTS.
Whenever the Seller is required to do any design, device, matenm or process covered by letter, patent, trademark
r copyright, the Seller shall indemnify and cave harmless the Purchaser from any and all claims for infringement
by reason of the use of such patented design, device, material or process in connection with the connect, and
shall indemnify the Purchaser, for any cost, expense or damage which it may he obliged to pay by reason of such
infringement at any time during the prosecution Or eRd the completion of the work. In case said equipment, or
any pas therm( or be intended we of the goads, is in such suit held m constitute infringement and the use of
said equipment or pan is enjoined, be Sella shall, in in own expense and at its option, either presence for the
Purchaser One right to ewmNw using acid equipment or puts, replace Oa more with subsamially equal but
noninfringing equipment, in modify ins m it becomes nonii fringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a
herviver or trustee for any of be Sellers property or b ndess, bis order may forhwhh be canceled by the
pardoner
wifour liability.
16. GOVERNING LAW.
The definitiam oftcmn dad or the interpretation offe agreement and the rights ofall parties hermad rshallhe
rnnsnudunder ad govemed by be laws oftbe Some efColorado, USA.
The following Additional Conditions apply only in cases when, the Sell, is m perform work hereunder,
including be services of Sellers Represenmtive(s), on the premises ofoters.
17. SELLERS RESPONSIBILITY.
The Sella shall carry on mid work at Sellers own risk ..,it die same is fully complete and accepted, and shrll,
in use of any accident, deawmlon or injury m the work and/or materials before Sellers foul completion and
acceptance, complete fe work at Sellers awn expense and to be satisfaction of be Forehand. When mommin
and equipment are f fished by others for installation or erection by be Sella, die Seller shall receive, unload,
store ad handle same at be site and becans, responsible therefor as though such Factories and/or equipment
were beingf kbed by be Seller wild be order.
18. INSURANCE.
The Seller shall, at his own expense, provide for be payment of workers compensation, including Occupational
disease benefits, to its employers employed on or in connection with be work covered by this purchase order,
and/or to their dependents in accordance with the laws of the sate in which the work is to be done. The Seller
shall also carry comprehensive general liability including, but or limited to, contractual and automobile public
liability insurance with bdd, injury and death limits of at lama $300,000 for any one person SSN W for any
e accident and property damage limit per accident of S400,000. The Sella shell likewise require his
contmcmrs, if my, to provide for such compensation and announce. Before any of do, Sellers m his contractors
employees shall do any work upon the premises ofoters, the Sell, shall famish be Purchaer with a certificere
Nat such compensation and insurance have bun provide. Such certificatm shell specify be date when such
mmpensanon and insurance have been provided. Such mrtificates shall specify the date what such comparison.
and insurance expires. The Seller agrees but such compensation and insurance shall be maintained until after be
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby msumd the entire responsibility and liability for any and all damage, loss or injury Frony kind
or nacre whatsoever to persons or property caused by or resulting from the execution of be work provided for in
this purchase aria or in connection herewith. The Seller will indemaify and hold harmless the Purchaser and any
r all of tc Purification officers, in. and employes from and against any and of claims, loss., damages,
charges or expenses whether direct or indirect, aM whether m persons or property to which fe porchuer may
be put Or subject by reason of any act, action, neglect, omission or defauk on be prat of the Sella, any of her
contractors, or my of be Sellers or contractors officers, agents or employees. In case any suit or other
panddings shall be brought against Fire Porchssa, or in officers, agents or employees at any done on account or
by rasa. of any act. action, neglect, omission or default of the Sell, of any of his contractors or my of its or
their officers, agents or employees as aforesaid, be Sella hereby agrees to assume the defense thadd and to
defend be same at the Sellers awn expense, to pay my and all casts, charges, attorneys fees and other expenses,
my and all judgmats that may be incurred by or obaimd against be Purchaser or my of its er their officers,
agents or employees in such suits or other proceedings, ad in case Judgment or Ober lie he placed upon or
obmined against be property of be Pardoner, or mid panes in or as a result of such ruin OF Ober proceedings,
Fire Sell, will at once attu dic same to be dissolved equal discharged by giving lateral or oherwise. The Seller ad
his contractors shall take ell safety precamicm. Brands and install all guhohn rtecesmry for foe prevemion of
accidents, amply with all laws and regulations wit regard in safety including, but wifour limitation, Ne
Occupational Safety rad Health Ad of 1970 and all roles and regulations issued pursuant thereat.
Revised 032010