HomeMy WebLinkAbout108423 VOGEL CONCRETE - PURCHASE ORDER - 2208595Date: 12/18/02
Cityof Fort Collins
Page Number: 1 of 1
City of Fort Collins
Purchase Order Number: 2208595
Delivery Date: I&I fluz Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
I,c•Iz:N
Line Qty/Units Description Extended Price
1 1 LOT INVOICE 3069 HSTH/NRTHSTR 3,844.11
This order is
over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580
Phone: 970-221-6776 Fax: 970-221-6707 Email: info&i.fortcollins.co.us
Total 3,844.11
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
I. COMMERCIAL DETAILS.
Invoice Address. To msere prompt Payment mail invoice in duplicate to,
City of Fort Collins Accounting Division
P O. B. 580
Fort Collin, CO 90522
Tax exemption. By status Ne Cityof Fat Collim is exemptfrom etas and local tit;. Ow Exemption Number
is 98-04M2. Federal Excise Tax Exmpfim Certificate ofRegisuy M-6000587 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised States 1993, Chapter 39-26, 114 (a).
Goads Related. GOODS REECTED due an failure to treat specification, either whim shipped a due to defect
of damage in transit, may be resumed to you far alit and are am to be repined except upon receipt of written
intucams tram the City of Fort Collins
Inspection. GOODS are subject tethe City of Fort Collin inspection a anival.
Final Acceptance. Receipt ofthe machmdise, services or elopement in response to this order can romit in auNomed
payment out the pat of the City of Fort Collins. However, it is to be mdm cad! that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Tenn. Shipment must be F.O.B., City of post Collins, one Wod St, Fort Collins, CO $0522, unless
otherwise specified on this order. If premise ion is given to prepay freight and charge separately. flee origin[ freight
bill mast mcmpany invace. Additional charges for packing will net he accepted.
Shipment Distance, t me manufactures have distributing Point in various Part of the mmtry, mipmmt is
expected frcen the some distribuflon Point to dominant, and excess freight will be deducted from Invoice when
shipment sat made from greater distance.
Permit. Sella shall prmures o sell. sole it all assmary permit, certificates and licenses required by Oil
applicable laws, regWstom, odium en andmla of the sse, municipality, taritory err political subdivision where
the work is pechamd, a regard by any that duly mntiatd public authority having jurisdiction ova the work
of vendOr. Sella further agree to hold the City of Fort Collins hornless from and agent all liability and loss
banned by than by reason of an sssmed or established violation of my such laws, regulations, ordinances, rule
and requircmens.
Aumaiesion. All peaia to this contract agree that the rcpresenta0ves are, in fact, bone fide and posse full and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limit acceptance to the tent and condoms stated
heron set faith end my supplanentry or additional tan and conditions annexed hereto a incotperand! herein by
reference. Any additional or different t.n and condition Proposed by m]la are objasd to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT irmnediately ifyou canna make con lere shipment to serve on yea
parmad delivery done as nerd Time is close essence. Delivery andpafoneance most be effeemedwithin ere time
stated on the purchase carder and the documents attached has. No act of the Po chaves including, without
limitation, acceptance ofpatial late deliveries, shall operate in a waiver of ibis provision. in the event of my delay,
the Purchaser shall have, at addition to other loge and wqum ble reredis, the option of plating this ado elsewhose
and holding the Sella liable for damages. However, the Sella shall not be liable fun damages in a result of delays
der a auen not assembly foreseeable wads are beyond is reasonable control and without it fault of negligence,
such sot of God, ace of civil a military authorities, governmental priorities, fires, strikes, flood, epidemics, was
or riot provided that tam. ofthe conditions casing such May is given w the Purdhner within five (5) days of the
time when the Sena first cocelvd knowledge thereof to the event of my such delay, the doe of delivery shall be
amended for the period equal to the time easily lost by reason of the delay.
3. WARRANTY.
The Sella warms Nat all goods, articles, materials and work covered by this orda will conform with applicable
drawings, spaifinoas, samples an&a other descriptions giver, will be fit fa the ptnpan intmdd, and performed
with the highest degree of care and competence in aaadana with accepted standards for work of a similar nave.
The Sella agrees in hold the purchase handess fiom my lass, damage a expense which the Pachner my suffer
incur on.coat efohe Sell. breach of warranty. The Sella shall replace, 116, a make good, withmt cost to
the purchaser, my defenn a furls arising within one (1) year a within such longs period of None as may be
prescribed by law a by the tent of my applicable warranty provided by the Seller after the daze of acceptance of
the goods fumishd bartender (acceptance not a be unreasonably delayed), resulting fin imperfect a defective
work done or materials f rmishd by the Sella. Acceptance or use of goods by the Purchases shall net comments a
waiver of my clam under this warranty. Except in otherwise provided in Nis purchase order, the Sella liability
hereunder shall oxted on all damages proximally caned by the breach of any of the foegang warrenti; or
guernmes, but such liability shall in no event include lace of prefix or loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4 CHANGES IN LEGAL TERMS.
The Purchase may make changes to legal tan by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser my make my charges to the tome, other than legal tams, including addition to Or deldon from
the quantities originally ordered in the specification or drawings, by varied a written change order. If my such
change off" the anmunt due a the time of Pat... hereunder, an equitable adjustment mail Is, made.
6. TERMINATIONS.
The Purchaser may a my fine by written change ada, lennaate Nis agreement as to my or all portion of the
goods then nor shipped, subject a my equitable adjmmnent between the peen n to any work a mstainS sum in
Progress provided Nat the Purchaser shall cam be liable fen my clam for mficipatd profit on the uncompleted
potion ofebe goods and/or work far incidental a consequential cereals, end that no such adjustment be made in
favor ofthe Sella with respect to my goads which am the Sella standard stuck. No such rcnenation shall relieve
the Purchaser or the Sella of my of their obligations as to my goods delivered hereunder.
]. CLAIMS FOR ADJUSTMENT.
Any claim for djsmmer must be assented within thirty (30) days firm the done the clamp ormminoon is Ordered.
8. COMPLIANCE WITH LAW.
The Sella warrants then all goods sold hereunder mall have ban produced, sold, delivered and femimed in evict
coapliance with all applicable laws and regulation to which the goads are subject The Sella shall execute and
deliver such document in my he ra uired to effect or evidence compliance. All Iowa and regulations required to
be imerpaasd in agreemet of Nis ancestor are botchy imerporasd h.in by this refamm The Sella agrees
to indemnify and hold the Purcbner homeless from all can and damages suffered by the Purchaser in a result of
me Sell. failure to comply with such law.
9. ASSIGNMENT.
Neither Pmry shall nap,, vaster, or convey Nt arder, a my monies due or in bass, due hereunder without the
prior wrists consent ofthe that party.
10. TITLE.
The Sella warrant full, clear and unrestricted title to the Purchaser fm all egwpment, materials, and items tarnished
in performance of this spearmint, free and clear of my and all liens, restrictions, asmence s, security interest
enenmbranas and claims of others.
11, NONWAIVER.
FOilure of the Purchaser to insist upon amt patenx mace of the sons and conditions boreal, failure a delay to
exercise my right or remWia provided herein a by law, failure to promptly notify the Sella in the event of a
breach, the acceptance of or payment fa goods hereunder or approval of the design, shall not release the Sella of
my of the wamntics or obligations of this purchase order and shall not be darned a waiver of my right of the
purchaser to insist upon strict perfomunce hereof or any of it right a rernedies as in my such goads, regardless
of when shipped received a accepted, n in my print a ornament went default h.unds, nor shall my pie mid oml
modificadm or rescission of this purchase order, by Ne Pachma operate in a waiver of my of the tans hereof,
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Sella and the Purchaser recognize that in actual ecuromic practice, overcharges resulting from antitrum violation
see in fact borne by the Purchaser. Theretofore, for good cause and as consideration for exemting do$ Purchase order,
the Seller hereby warp, to the Pinch ser my and all clams it may now have or intention acquired carder federal a
stet anm,mr, laws for each marching. raker, to m particular goods Or services purchased a acquired by the
Purchaser pursuant 10 Nis purchase under.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser dire. the Sella to correct nonconforming or defective goads by a doe to be agreed upon by the
Purchases and the Sella, and the Sella thereafter indicates it inability a unwillingnm to comply, the Purchaser
may cause the woe to b<performed by the mast expeditious moms available to it, and the Sella shall pay all cost
nmamed with such work.
The Sella shot[ release the Purchaser and is contractors of any tier Boon all liability and claims of my nature
resulting from the performance of such wak.
This reline shall apply even in the event of fault ofregligmce ofdee party released and shot) extend to the diraws,
officers and employes of such party.
The Sellers contraauOi obligations, including warranty, shall not be demand to he reduced, in my way, because such
wak is performed a coned to be performed by the Purchaser.
14. PATENTS.
Whenever the Sella is required to use my design, device, material m process covered by letter, patent, trademok
or copyright, the Sella shall indemnify and save harrNeas the Pumbasa from any and all clams for infringement
by reason of the use of such pate rted deign, device, material or process in catenation with the comes, and shill
indemnity the Purchaser for my cost, expose Or damage which it may be obliged to pay by reason of such
inf rega mt at my time during the prosecution or after the completion of the work. In case said equipment a my
pan thereof or the intended me of the goods, is in such suit held in com o s infringement and the use of said
equipment or pan is enjoined, the Seller seal, a it own expense and a it option, either procure fa the Purchaser
the right to continue using said equipment a pans, replace the seine with substantially mind but non -infringing
equipment, or modify it on it become non -infringing.
15. INSOLVENCY.
If the Sella shall haome insolvent or bankrupt make an.ism osent for the benefit calorcNars, appoint a receiver
a frusta for my ofthe Salers property a bninm, this order tray forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of tams used a the interpretation ofthe agreement and the right of all perm; bemnda shall be
construed under and govemd by the laws of the State of Colorado, USA.
The following Additional Conditions apply only in cases where the Sella is to perform work hereunder, including
the services of Sell. Represenuefive(s), ou the premix; of others.
17. SELLERS RESPONSIBILITY.
The Sella shall tarty can said work ere Seller's own risk met the aame is fully completed and accepted, and shall, in
case of my accident, destruction or injury to the work and/or uncertain before Seller's fine completion and
acceptance, complete the work m Sellers own expense and in the satisfaction of the purchase. Wean materials and
equipment are furnished by others fat installation o= am by the Sella, the Sella steal receive, unload, acre and
handle some a the site and become responsible therefor as though such materials and/a equipment was being
furnished by the Seller under me order.
18. INSURANCE.
The Sella shall, at his own expense, provide for the payment of workers compensation, including occupational
disease benefits, to is employe; employed a a in carnation with the work covered by this purchase order, and/or
to their dependents in accordance with the laws of me some in which the work is to be time. The Seller shall also
may comprehensive pound liability including, but not limited in, contractual and automobile public liability
insurance with bodily injury and death limit of m least 53w,o00 for any one pawn, SSoo,000 for my me nadirs
and property damage limit Far accident of S400,000. The Sella shall likewise rapine his contactors, if my, in
provide for such compensation and insurance. Before my of the Selim a his convmtm mplo m seal do any
wok upon the promises of others, the Sella shall furnish the Purchase with a certificate don such cou,sesmim and
insurance have been Provided. Such certificates shall s,city the date when such comp romion and insurance have
been provided. Such cadficasa shall specify the done when such compmssoon and insurance expires. The Sella
agrees that such courperrsaom and announce shall be maintained until after the more work is completed and
accepted.
19, PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sella hereby resumes the more responsibility and liability for my and all damage, loss or injury of my kind
or came, whensoever to pasom ar property caused by a r.Joe, Rom the ..on. of the work provided for in
Nis purchase orela or in connection herewith. 'The Sella will indennity and hold harmless the Purchaser and my
or all of the Purchasers office, agars and employees man and against my and all clam, loves, damages, charges
or expenses, whether direct a indirect and whether to poisons Or property to which the purchaser my be put or
subject by rust of my ace, action, neglect omission a default on the part of the Seller, my of his contram., Or
any of the Sell. a urn mmm offem, agar a employ., In case my suit a mho proceedings shall he brought
against the Purchaser, or is offices, again a employees a my tin on account or by reason of my act action,
neglect, mission Or default am Sella of my of his contractors Or my of is a their offices, ages a employs
n aforesaid, the Sella hereby Was to name the debates, thereof and in defend the same m the Sell. own
expense, a pay my and all cost, charges, abomrys fees and other expmees, any and all jdgmms dear may be
incurred by or national agmm the Paomem, Or my of it wthar aRcss, agent a employe; in such suit a cams
proceedings, and in me impacts a other lien be placed upon a obtained agent the property of the Purchaser,
or said parties in or in a result of such suits a other pracadap, the Sella will a once came the seine to be,
dissolved and discharged by giving bond or otherwise. The Sailor and his cama:ters shall take all eatery pramtiom,
furnish and install all guards necessary fun the prevention of accident, comply with all laws and regulation with
regard in safety mcludin& but without limitatm, the Ocmpsooml Safety and Health Ad of 1970 and all rules and
regulations issued pursuant thereon.
Reviled 11/9