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HomeMy WebLinkAbout108811 THE NEENAN COMPANY LLLP - PURCHASE ORDER - 9132527 (4)Fort Collins Date: 04/21/2014 Vendor: 108811 THE NEENAN COMPANY LLLP 2607 MIDPOINT DR FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9132527 101`2 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 7 Change order#5 Senior Center 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.mm 1 LOT EA 99,886.53 Total $99,886.53 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By solute the City of Fan Cliffs f exempt from slate and local taxes. Om Exemption Number is 11. NONWAIVER. 9 LOdS02. Federal Excise Tax Exemption Carificme of Registry 84-6000587 is registered with Ne Collector, of Failure of the Purchaser to insist upon stria performance of the terns and condition hereof, failure or delay in Intemal Revenue. Deriver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies providd heron or by law, radiate fo promptly notify be Sella in be went of a breech, the acceptance ofor payment for good hermada or approval ofthe design, shall rest release be Seller of Goods Rejectd, GOODS REJECTED due is failure to men specification, either when shipped or due in defects of any of the warranties or obligations of this pm<hase order and shall not be deemed a waiver of any right of the damage in tmnit, may be resumed to you for credit and are not to be replaced except upon receipt of written parchaser in imist upon strict performance hereof or any of its rights or remedies as m my such goods, regardless mum th uctions from City of Pon Collins. of whim shippd, received or accepted, as m my prior or subsequent default hereunder, nor shall my purponN oral modification or f omission of this purchase older by the Purhaser operate as a waiver of my of be terms Inspection. GOODS are subject to the City of Fort Collin inspection on arrival. hereof Furl Acceptance. Receipt of the machmdim, trsices or equipollent in response run this order cun result N 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized pxymrno on the pan of the City of Fail Collins. However, it is to be andasmod Nat FINAL Seller and the Purchase recognize that in mtml economic prmrice, overcharge resulting from mriaol ACCEPTANCE is depended upon completion ofall applicable «gaited inspection pmceduma. vlolu ons are in fact home by be Pumhamr. Thereofore, for good cause and as consideration for execufng this purchase order, be Seller hereby assign an the Purchaser my adult all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Too Collins, 700 Wait St, Fan Collins, CO 80522, mdess acquired but federal or slate immust laws for such overcharges relating to the particular goods or senicm oNetwian specified on this morel. if pamissum is given to prepay freight and charge sepmately, the original freight purchased or acquired by the Purchomr Fursumt to Nis purchase older. bill must accomwnv invoice. Additional charees for wsking will not be acemted. Shipment Distance. Whom manuf tuns have disbanding points in various pans of be country, shipment is expected from the nmfest distribution point to destination, and acas freight will be deducted from Invoice what shipments are made from greater bounce. Permits. Seller shall procure at sellers sole cost all necessary permits, emifcatn and lanneses required by all applicable laws, regulations, ordinances aud rules of Ne $rate, municipality, mmtory or political subdivlsim where be work is performed, or required by any other duly constitmed public authority havingjurisdirm n over the work of vmdm. Seller number, agrees to hold the City of Fall Collins holders from and against all liability and loss incurred by them by nown of m esecm or ntabl Wed violation of my such laws, regulations, ordiretria, roles and requirements. Authorization. All parties to this contract agree that the representatives art, in feel, from fide and possess full and omplem authority to bind said panics. LIMITATION OF TERMS. This Pumhase Order expressly limits acceptance to the terms and conditions stated herein set 1'onh and any supplementary or additional terms and conditions annexed hereto ar incorporated herein by reference. Any additional or different mrmm and conditions pmpused by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immaturely if you cannot make complete shipment to arrive on your promised delivery dam as named. Time is of the essence. Delivery and performance most be e116emd within the time stated on the purchase order and the dncunents attached harem, No acts of the Purchasers including, without limitation, acceptance of paninl late deliveries, shall op our 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 Seller shot[ nut be liable for damage as a result of delays due an causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such cro of God, was of civil or mi liutry authorities, governmental prionfies, fires, strikes, Rood, epidemics, wan or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of be time when the Seller first received knowledge thereof. In the event of any such delay, be date of delivery shall be extended for the period equal to the time actually lot by resin of the delay. 3. WARRANTY. The Sella warranty that all good, spirits, materials and work covered by this order will confirm with applicable drawings, specifications, samples author other description given, will be fit for be purposes mended, and pecrformal with the highest degree of can and competence in accordance with aecePtd standard for work of a similar nature. The Seller agrees to hold be porcluur harmless from my loss, damage or expense which me Purchaser may suffer m incur on account of the Sellers breach ofwaumry. The Seller shall tritium, repair or make good, without cost to be purchaser, my defect or faults arising within one (1) year or wiOdn such longer period of rime as may W prescribed by law in by the mars s of my applicable warranty provided by the Seller after the date of acceptance of be goods fumishd hemunda (xceptance not to be bromic orubly delayed), remaining fur imperf t or defective work done or materials f idedi by the Sella. Acceptance m use of good by the Proximal shall not ontilum a waiver of my claim under this warranty. Except as otherwise Evacuees! in this purchase order, the Sellers liability hereunder shall exted in all damages proximately causd by the breach of my of the foregoing warranties of gmvantecs, but such liability shall in no event include loss ofpmfio of 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 mom by wrinm change arch S. CHANGES IN COMMERCIAL TERMS. The pumboxer may make any changes or the, mmu, other than legal terms, including addition m m deletions from be quantities originally oorere l in the spaifiratiom or drawings, by valtal or wrinm change ardor. If my such change offeca the amount due or be roe of performame hereunder, an equitable adjawnent shall be made. 6. TERMINATIONS. The pundower may at any time by written change ardor, terminate this agreement as to any or all Panions of the good then not shipped, subjea to my equitable adjustment betwem the parties to to my work or rnalenols ben in progress provided that be Purchaser shall not be liable for any claims for anticipated onfirs on the uncompleted portion of be goods and/or work, for incidental or consequential damages, and bur no such adjustment be made in favor of the Seller with respect to any goods which ere the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligation as to any good delivered heeunda. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjmtment must be assmN within thirty (30) days from be dare the change or termination is ordered. 8. 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 mRadolions to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required in be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hazmlent from all costs and damages suffered by the Purchaser as a result of Ne Sellers failure to comply with such law. 9. ASSIGNMENT. Neither pony shall assign, baofers or convey this older, or my monies due or to became due hereunder without be prior written consent of be other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to be purchma for all equipment, mamrials, and items fished in performance of this agreement free and clor of my and it lien, rarre it s, reenafon, security interest encumbrances and claims ofobcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by be Purnmor mad be Seller, and the Seller thereafter indicates its inability or unwillingness to cmnpty. be Purchaser may cauu the .6 to bt performed by the non expeditintu means available to it, and the Sella shall pay all costs associa4d with such work. The Sella shall release the Purchaer and its comraaors of my tier fiom all liabiliry and claims of my naure resulting fmm be performance of such work. This release shall apply even in be event of fault of negligence of me pray released and shall extend to be directors, afters and employees ofs arch party. The Sellers contmcrml obligations, including warmnly, shall not be deemed to be reduced, in my way, Cecanse such work is performed or caused no be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any destgu device, material or process covered by letter, palm[ trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for InGngement 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, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prostration or after the completion of the work. In case said equipment, or my pan thereof 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 on 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 noninfnging equipment, or modify it so it becomes noninfringing. 15, INSOLVENCY. If Ne Seller shall become insolvent or bodrmpr, make on assignment for be benefit of creditors, appoint a receiver a wsme for any of the Sellers property or business, This order may fombwith be arox d by the Purchase without liability. 16. GOVERNING LAW. The definition ofterms rod or be ishuffm anon of the agreement and be lights of all ponies hereunder shall be orshued coda and govemed by the laws ofthe Stain of Colorado, USA. The following Additional Conditions apply only in cases where be Sella is to perform work hereunder. including be services of Sellers Reprexenusurc(s), on the premiss ofogaeo. 19. SELLERS RESPONSIBILITY. The Sella shall carry on said work it Sellers own risk .,it the same is fully completd and accepted, and shall, to rose of my excident, destruction or injury to be work author materials before Sellers final completion and acceptance, complete do wmk at Sellds awn expeme and no be saisfadon of the PlucM1eser. When materials and equipment are funtisM1ed by again, for installation or creation by the Seiler, the Sella shall receive, unload, sore and handle same at f is site and become responsible therefor as though such rmtmald similar aryipmms were being fora[ by the Seller uudcr be order. 18. INSURANCE. The Seller shall, at his own expense, provide far the payment of workers compasmion, including ..Jr Tonal distant benefits, to its employees employed an m in comection with the work covered by this purchase older, mNor to their dependents in accordance with the laws of be state in which be work is to be done. The Seller shall also rarry comprehensive grneral liability including, bur rot limitd an, contactual and euriona le public liabiliry, mumncc with bodily injury and both limits of at lent P0O.000 for any one parson. SSW,W1) for any are accident and Property damage limit Per accident of S100.11110. The Sella shall likewise require his contractors, if any, to provide for such compensation and insurance. Before my of be Sellers or his mntrxtars employees shall do any work upon the premises of orbers, the Seller shall Fumuh the Purchaser with a cenificme Nat such compensation and insurance have been provided. Such certificates alto[] specify be dam what such ompcnaion and insurance have been provided. Such certificates shall specify the date who such compensation and insurance expires. The Sella agree for such compemation and mourmce doll be maintained until after the attire work is completd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respousibil try and lability for any and all damage, loss or injury of my kind or nature whatsoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless be Purchamer and my cr all of the purchasers often, agents and employees from and against any and all claims, losses, damages, harges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, naglet omission or default on the pan of the Sella, my of his contractors, or any of me Sellers or contractors ofnrs, agents or employees. In caw any suit or other proceedings shall be brought against he Purchaser, or its officers, agents or employees at any time on account or by reason of my act, action, neglect, amtssim of debuh of be Seller of my of his ex ntmetars or any of its or their afters, agents or employees as, aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the same at the Sellers own expense, to pay any and all costs, charges, altomeys fees and other expenses, my and all judgments but may d incurred by or Would against be Purchases or my of its or their ofcas. again, or employees in such suits or other proceedings, and in case judgment or other lim be placed upon or obtained against be property of the Purchases, or said parties in or as a result of such suits or other procedings, be Seller will at once cause the same to be dionalvd and discharged] by giving bold or otherwise. The Seller and his contractors shall sake all safety precautions, f ish and mull all good necessary for be po,commu of accidents, comply wit all laws and regulations with regard to safey including, but without limitation, be Occupational Safety and Health Act of 1970 and all pairs ad regulations issud pursumt hereto. Revised Wallin