HomeMy WebLinkAbout111410 NEENAH FOUNDRY COMPANY - PURCHASE ORDER - 9146291Fort Collins
Date: 10/2812014
Vendor: 111410
NEENAH FOUNDRY COMPANY
P O BOX 729
NEENAH WI 54957-0729
PURCHASE ORDER
PO Number Page
9146291 1of2
This number must appear
on all invoices, packing
sli s and labels.
Ship To: UTILITY SERVICE CENTER - WA
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 10/28/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
MANHOLE COVER, 40" 1 LOT LS 5,500.00
65555535; 10@550/EA
65555535
YARD
MANHOLE COVER, SOLID LID, HEAVY DUTY, 40" DIA.(MAX),
1-1/2" THICK (MAX), WITH 1-1/16" MIN. DIA. HOLE IN
CENTER & 1 LIFTING NOTCH ON EDGE, COMPONENT PART
WITH 1-1/16" CENTER LIFTING HOLE, TOLERANCE ON
HOLE +1/16", 0"
NEENAH, 5900-0266; NEENAH, R-5900-J;
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
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
1. COMMERCIALDETAILS.
Ten exemption. By statute the City of Fort Collin is exempt fmm state and local taxes_ Our Exemption Number is
11. NONWAIVER.
9g-0i502. Fri cral Excise Tax Exemption Cedificam of Registry 84-6000587 is muchaed with the Collector of
Failure of the Purchaser to insist upon strict Performance of the terms and condition hereto failure or delay to
Internet Revenue, Denver, Cut.& (Ref Colomd0 Revised Stories 1973. Cheaper, 39-26,114 (a).
exercise any rights in remedies provided herein or by law, failure to Promptly ramify the Seller in the mat of a
breach, the acceptance ofor payment for good hereunder m approval ofthe design, shall not release the Sella of
Good Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of
MY of the rearranties or obligations of this release order and shall not be deemed a waiver of any night of the
damage in tonal, maybe retuned to you for credit and art not to be replaced except upon receipt of wrinen
purchaser to insist upon street p nd'Oamance hereof or any of is rights a umedies as to any such goods, regardless
instruction, to.m the City c Fon Collin.
of when shipped, electrical at accepted, as to any prim or subsequent default barunder, nor shall any puryoned
oral ossification or rescission of this purchase maker by the Purchaser operate as a waiver of any of the moms
Inspection. GOODS arc subject to the City of ran Collins inspection on arrival.
hcmof.
Final Acceptance. Receipt of the merchandise, se r equipment in response to this order canresult in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized paynum on be part of the City of Fort Collins. However, it is to be understood that FINAL
Seller and the Paribas, recognize that in actual ec is practice, overcharges resulting from antianto
ACC17111 ANCE is dependent upon completion ofall applicable required inspection procedures.
violations ore in far, Farm, by the Purchaser. I fieremforfor Good carte and as conidermion fur executing this
purchase order, the Seller hereby resigns to the Purchaser any and all claims it may now have or hereafter
Freight Perms. Shipments most be F.O.D., City of Fort Collins, tug Wood Sl., For Collins, CO $0522, unless
acquired under redeml or stare monnot laws for such overcharges reining to the particular goods or services
mherwise specified on his order. If permission is given to pmepayfreight and design separately, the original freight
purchased or acquired by the Pm<hsser pursuant to this purchase order.
bill most accompany invoice. Additional charges for puking will not be accepted.
Shipment Distance. Where manufachuees have distributing Points in various pans of me country, shipment is
expected from the nearest distribution point to destitution, and excess freight will be deducted cram Invoice when
shipments are made from greater distance.
Permits. Seller shall procure so sellers sole con all necessary permits, certificates sod licenses required by all
applicable laws, tngulauons, collaances and roles of the state, municipality, ternmry or political subdivision where
the work is performed, or required by any other duly mmtimmd public authonly having jurisdiction over the work
of vendor. Seller further agrees to hold me City of Fort Collin hornless from and against all liability and loss
incurred by them by reason of an assented or established violation of any such laws, regulations, ordinance
, rules
end requirements.
Authourmion. All panics to this contract agree that the represrartives are, in fall, berm fide and pusvess full and
complete uuthenly to bind said putties.
LIMI'1'A'I'[ON OF TERMS. This Purchase Other expressly limits acceptance to the tams and conditions stood
herein it berth and:my supplementary or additional terms and conditions annexed hereto or incorporated herein by
reference. Any additional or different toms and conditions pro{cased by seller are objected to end hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately ifyou carrot make complete shipment to arrive on your
promised delivery, dam is ..led. Time is i f the essence. Delivery cad pafomance tent be effected within the time
stated on the purchase order and the dmummm meched hero. No tits of the Pmcbaurs including, without
limitation acceptance of,finial late deliveries, shall Operate as a waiver of this provision In the event army decoy,
the Parchaar shall Lava at addition to other legal and arguments, remedies, fie option orplaring this other elsewhere
and building the Seller liable for damages. However, the Seller shall not be liable fir damages n a rah of delays
due to causes tot reassembly foreseeable which am beymad its reasonable control and without its fault ofnegligence,
such acts of God, acts ofavil or milimry authorities, governmental priontics, fires, spikes, ❑mod, epidemics, wars or
rims provided but notice of fie condition caning sock delay is given 10 the Purchaser with. five (5) days of the
time when the Seller fen received knowledge thereof. In the event of any such delay, ye date of delivery shall be
extended for the period equal to the time actually lost by reason of the delay.
3. WARRANTY.
The Seller warmnrs that all goods, articles, materials and lark mvereJ by this order will conform will applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes infendN, and
performed with the highest degree of care and competence in accordance with accepted standard for work of u
imilar nature. The Seller agrees to hold the purchaser hmmless form any loss, damage Or expense which the
Purchaser may suffer or incur on account of me Sellers branch of wammry. The Seller shall replace, repair or make
good, without cost to the purchase, any defects or faults arising within one (1) year of ways. such longer pmod of
time n may he prwarfl d by law or by the terms of any applicable warranty provided by the Seller after the date of
acceptance of the good fumishal hereunder (acceptance not to he unieamnobly delayed), resulting fmm imperfect
or defective work done or materials fmished by the Sella. Acceptance or use or goad by the Purchaser shall not
continte a waiver ofuny claim major this warranty. Except as otherwise provided in this purchase order, the Sellers
liability hereunder shall extend to all damages pmximmely caused by the bleach of any of ye fougming wmmnties
or guarantees, but such liability shall in no event include loss of profits at loss of rim. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Familiar, may make changes to legal term by written change ender.
5. Cl IANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal mm,s, including additions to or deletions from
the quanlilies originally ordered in the specifications or drawings, by verbal or written change order. If any such
change xlfects the amount due or the time ofperfnrmance hereunder, an equitable adjntment shall be made.
6. TERMINATIONS.
Ile Purchaser may at any time by written change order, terminate this agreement as to any or all pom us of the
good then not shipped, subject to my equitable adjustment between the parries m to my work or materials then in
pmgress provided that the Pmchser shall not he liable for any claims for anticipated put on the w<ompleted
ponien Or the guests anNor work, fen incidt or accumulated damages, and the no such edjnimem be male In
favor of the Seller will respect many goods which we the Sellers standard smck. No such economics shall celiac
the Purchaser or the Seller ofany Oftheir indigenous n coo any good dehvered hercander.
t. CLAIMS FOR ADJUSTMENT.
Any claim for adjanmcnt tent be assured wifin yim, (30) days from fie due the Image m Icommon. is
ordered.
IT COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and thumbed in efet
compliance wit all applicable laws and moduli... to which the goods arc subject The Sella shall execute and
deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character me hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser handless from all claim and damages suffered by the Purchaser n a resell of the
Sellers failure to comply with such law.
9. ASSIGNMENT.
Neither party shall assign, harder, or convey this rode, or any monies due or in became due hereunder without the
pal, wdnen consent afthe oft parry.
10. TITLE.
The Sella warranm hall, clear and umestncted title to fie Purchrear for all aimportant, materials, and items famished
in performance of this agucme t, free and clear of any and all [ien, rfction, resmation, severely inures
eocumbmnca and claims of others.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaser directs the Seller to andract nonconforming or defective good by a dare m be agreed upon by the
Purchaser and the Sella, and the Seller thamfer indicates its inability Or unwillingness to comply, be Purthaser
may carve the wok to be performed by the most expeditious means available to it, and the Seller shall Pay all
costs wervited nit such work.
The Seiler dull release fie Purchaer and its comments of any net fmm all liability and claims of any mature
resulting from the Performance crunch work.
This mlene shall apply even in the event of fault of negligence of the party released and shall extend no the
directors, olfcets and employees ofsach party.
The Sellrej clammetual obligations, including warranty, stall not be deemed to be reduced, in any way, breause,
such wok is pert ca ned or caused to be perfmard by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use any design, device, material or process covered by letter, pxtenl, trademark
Or rnpynght, the Seller shall indemnify and save 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 will the contract, and
shall indemnify the Purchaser for any cast, improve or damage which it may be obliged to pay by reason of such
infringement at any time during the prosecution or after the completion of the work. in rose said equipment, or
any pan thereof or the attended me of the good, is in such suit held to constitute infringement and the use of
said equipment Or pan is joated, me Seller shall, or its own expense and at its option, either procure for the
Purtnatin the right to continue rising said Optimums or Parts, replace the same with substantially equal but
demndiing, equipment, or modify it so it becomes noninGnging.
15. INSOLVENCY.
If the Seller mall become insolvent or bankrupt make an axsigmnent for the human of creditors, appoint e
or brance far any of the Sellers propcny car business, mix order Only forthwith fe canceled by he
Purchaser without liability.
16. GOVERNING LAW.
The defrriums s Ofteams moral .1 he interpretation Of the agreement and the rights of all parties hereunder shall be
confided under and govemed by the laws ofee State ofColamdo, USA.
'I he following Additional Condition apply only in cases where the Seller is to perform work hereunder,
including the services of Sellers Represenmtive(s), on the premises of others.
It. SELLERS RESPONSIBILITY.
The Seller shall carry on said work at Sellers own risk until lie same is fully complied and accepted, and shall,
in u of any reading, destruction or injury to de work torpor matenals bet Scllds fire] completion and
mceptome, complete the wok at Scllds own expense may to the satisfaction of the Purchaum. Worn mokerials
add equipment are furnished by Others for immigrant or auction by the Sella, the Sella shall receive. unload,
store and handle score O the site and become restimulate therefor as though verb rreterials er,No, equipment
wart Being f fished by the Seller tender the order.
IS. INSURANCE.
The Seller shall, or his own expanse, provide for the axyment of x'main, compensation, including mcupatimad
disease brnefim, to its employees employed on or in connection will the work covered by this purchase order,
mNm to their dependents in accordance with the laws of the state in which the work is to be done. The Sella
shall also cam comprehensive Smend liability including• but not limited to, contractual and automobile public
liability insurance with bodily injury ,,it dealt, limits of tit least 5300,000 for any one person, S500,000 for any
one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his
contractors, if any, to provide for such comperni ion and insurance. Before any of me Sellers or his am,metors
employees shall do any work upon the premises of others, the Seller shall famish fie Purchaser with a certificate
that such compensation and insurmac have been provided. Such certificates shall specify the date when such
Ompenmtion and insurance have ban provided. Such certifictes shall specify the date when such compensation
and insurance expires. The Seiler agrees that such comtoria on and moral shall be maintained until after the
entire work is completed and accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the aside responsibility and liability for any and all damage, lass or injury army kind
or stare welon.a to person it, property caused by or moll0ng form ye execution Ofthe work provided for to
this purchase order or in com anion berewiy. The Sella will indemnify and hold harmless the Purchase and any
or all of fie Purchasers oReas, agents and employees fmm and against my and all claims, loves, damages.
charges or experace, whether direct or indirect, and whether to person or pmpeny to which the Purchaser may
he put or subject by reason of any um, action, neglect. omission err default on fie 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 against the Purchaser, or its officers, agents Or employees at any time on account or
by reason of my act, action, neglect, omission or defaull of lie Seller of my of his cootm tars or any of its or
their officers, agents or employees as aforesaid, the Seller hereby agrees or ma. fie deRnse thereof and to
defend the same at the Sellers own expense, to pay any and all costs, charges, altmmeys fees and .,he, eformal ,
any and all judgmam that may be incuual by or obtained against the Purchaser or my of its or their officers,
agents or employees in such suits or other proceedings, and in case judgment or offer lien be placed upon or
obtained against the property Of the Purchaser, or said parries in or as a result crunch suits or other proceedings,
the Seller will at Once cause the same to be dissolved and discharged by giving hoed or otherwise. The Seller and
his comrazmrs shall take all safety precaution, famish and inmll all guards nceessary for the prevention Of
accidents, comply will all laws and regulation with regal to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all roles and regulation issued pursuant Nero.
Revised 072014