HomeMy WebLinkAbout108423 VOGEL CONCRETE - PURCHASE ORDER - 4403587AFortCity of Fort Collins
Page Number: 1
Date: 06/10/04
Purchase Order Number: 4403587
Vwllvely uate: mow, 1wlw-. Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 LOT 11,435.52
SQUARE TRANSIT IMPROVEMENTS PER WORK ORDER
DATED MAY 28TH WHICH INCLUDES DAVIS BACON
AND FEDERAL REQUIREMENTS.
Total $11,435.52
City of Fort C in Director of Purchasing and Risk Management
This order is rtQlhalid over $2000 unless signed by James B. O'Neill II, CPPO, FNIGP City of Fort Collins
Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6775 Fax: 970-221-6707 Email: info@ci.fortcollins.co.us Fort Collins, CO 80522-0580
10. TITLE. t ttratesials. atsditana famished
restrietiom, reservations, security intact
The Seller' warrants full, clew' and unrestricted title o the Purchaser for all egwpnhen
•l• p dill in performance of this agreement, free and clew' of any and all liens,
P r encumbrances and claims of others.
I COMMERCIAL DETAILS. II NONWhe Pure
formsuce of the terms and conditions hereof. fain the
Or delay to
Invoice Address. To ensure prompt Paymbnt mail invoices in duplicate to: n strict Per 1 notify the Seller in Hhe event o a
City of Fort Collins Accounting Division Failure of the Purchaser to insist upobast .n shall cot eleae the Seller of
haewhder or approval of the design. tight of the
P.O. Box 580 exercise any rights or remedied payment for goods or by law, failure to Y
Fort Collins, CO 80522 breach, the acceptance o a P Y urcIn I Order and shall not be deemed a waiver of anyM
from state and local twits. Our Exemption Number any of the warranties or obligations of rethis p the
terms hereof
strict performance hereof a enY of its riBltts or remtdies sus a any such goods. tee
d
d as to any prim a subsequent default hereunder, net sfiall any purported ,bet oral
gq-a0pp587 is registered 14 the Collector of purchaser to insist uponto as a waiver of any of
Tax exemptions. By statute the City Ir FoyCollins'sCertificate oexempt
R�Bt o ter 39-26, l l4 (a). of when shipper received o accrete the Purchaser opera
is 98.04502-Federal Excise Tax ado (Re
modification a rescission of this purchase order
by formal Revenue, Lenva, Colorado (Ref. Colorado Revised Statutes 1 Chap or due ID defects
obrplacer when shipped at of written lice. ovAIMSercharges resulting from antitrust
rc use ordain
Goods Rejected. GOODS RE.ffiCTED due to failurt to rriaC specifications,a be replaced except upon l2. ASSIGNMENT OF A,,agr se thatin Barad coaremrc Pran derelon for executing this purchase order,
be resumed to You for credit and are trot Seller and the Pwctmer recog,r TheMoface, Par good cause and az wnsi acquired under federal a
of damage in transit, may - are in fact borne by the Purehasa'. and atl claims it may now have a hercafta arq
instmdims fran the City of Fort Collins. Particular Bolds a services Purchased a acquired by the
the Sella hereby assigns m the Purcago any to the part
m. GOODS are subject to the City of Fort Collins inspection on mriva1. state antitrust laws for such o erch
cbas are elating
Impair a to this order ran result in audmDrized Purchases Pasant to this pm
Fiat Acteptanx_ Receipt of tfieniachmdise, services or egwpr^p°t i° rospons that FINAL ACCEPTANCE is
da
a date a be agreed aeon by the
payment m the Part a the City of Fort Collins. however, rt Is be Procedures l3. PURCHASERS PERFORMANCE OF SELLERS Oing or c IO m comply, the Purchases
lesion of all applicable required imPan P If the Purchases directs the Sella to cared nmcmformin6 n defective Body 6Y al casts
diesto
dependent upon camp most e ditious means available to it, and the Seller shall pay
700 Wood St, Fort Collins, CO 60522, colds Purchase' and the Sena, and by fie es t g its inability or unwillingness
Of Fort Collins, a-Atly the original freight may -1 the work to be perf
Freight Target, Shipments must be F O. sham rs Given to prepay freight and charge see nature
specified oa this order' If peon kin will not be accepted_ associated with such work.
°��� spa invoice. Addifotral charges for parking its contractors of any ha from all liability and claims of any
bill most acWnvp Y rots in various parts of the country, shipment is The Seiler shall relanse the c of suachawork, -
tedfrontlnvoicewhen resulting from the Patonnan tekeacdand shall extend to the direcars•
Shipment Distance Where manufactur have distributing i dexcess freight will be dedut r puce of the party
ezPected from the nearest distribution ern even in the aeM o fault 0f nagl H
eats distance. This release shall apply
shipments arc made from B< officers and employees of such party. wet because such
vision where shall net
Permits. Seller shall prorru'e az sellers sole cost all necessary permits
certificates and licences required by a1V eel to by reduced. in any y
The Seller's contractual obligations, including b y the Purchaser. be
applicable laws, reBuiations, mdinanc ananothelr dulYes of tconsratt d publicawhonly A mgjurisdictoor Political n over the wa'k work s Perfortntd or caused to be performed
the work is perfarncd•
Or
required by Y patent, trademark
of vendor. Seller futtha agrees to hold the City of Fort Collins harmless from and against all liability an14. PATENTS. design, device, material a process covered by acrid',
intoned by than 6Y reason of an asserted a established violation of any such laws• regulations, ordinances, mad and all claims fa mfrmgeimmt
and save harmless the Purchaser from any
Whenever the Sella is required to use an eCS9 m connecting, with the contract, and shall
and requirements. or c°pynght• the Seller shall indemnify material a proof such
in fact, bona fide and possess full and d design, device,
by reason of the use of such patent' B^• m or damage which it may be obliged to pay by
Taggart
or any
Authorizeiai All parties to this contract egret that the representatives are, indemnify the Purchaser fa' any cost, expnn laton of the work. In case %aid equipment,
to bind said parties. a to the t, of said
erms and conditions stated
complete authority rated herein by infrin8bmen[ at any time during sae Prosecution a after the sumheld to constioc Infringement and the p
bactore acted. part thereof or the intended use of the goods^ is in such suit se and at its option, adttr Prod for tltePwchging
LIMITATION OF TERMS This Pwcm additional tarns and conditiobys�ar Marc objected to�ereby j is Dined, Ore Sella shall, at its own expen
forth and any supplementary with substage any equal but non -infringing
herein set cipmaraft °T �• equipment a Paris, replace the game
reference. Any additional a different terms and conditions proposed the right to continue usmg said
e complete sIt gem m artive on Your equipment, a modify it so it becomes non -infringing.
2. DELIVERY. appoint a selves
Time is of the e%st st Delivery and performwi the most ch effected within es, including, without 1 S. INSOLVENCY. the Purebasa without
PLEASE ADVISE PURCHASING AGENT' immediately if You can make an assignment for the b m ft of creditors.
promised delivery date U noted _ forthwith be canaded by
]f the Seller shall become insolvent a �>s business, this ceder may
stated an the Purchase ada� e, the doe oopperate as a waiver of ib sf provs oa In the event of any delay, a trustee for any of the Sellers property
Evaluating, acceptance of party 'dies. Ore option of placing this order elsewbert
in addition m cilia legal and equitable rem liability.
the Purchasershall haves, Howe ra, Ore Sella shall rat fit liable for damages as a result gl a ays
and holding the Seller liable for damages. 16. GOVERNING LAW . son of the agreagent and the rights of all parties hatmda shall be
due to causes tat reasonably foreseeable which ate bey ond its reasonabloritanno^ec• smkes tflood, ep dame , Was
authorities, Bovmrmental pri The definitions of temas used a Oahe lawsroY the State of Corrado. USA,
such area of God, arts of civil a military such delay, the dart of delivery shall be construed under and Hovered by
Or riots provided1 ant in casts where the Sella is to pafoor work hereunder, including
that notice of the conditions reusing such delay is given to the Purchases within five Y
are when the Sella fast received knowledge then mil' by resat of the delay. The following Additional Conditions apply Y
eztasded for the period vial to the time actually the services of Sellers Reprdtwaarve(s)• °^ the Pictures of others.
_ this order will conform with applicable ted, and shall, in
3. WARRANTY. rheas and work covered by is toll completed and ainaP
intended• and Perf°rr^eel f7. SELLERS RESPONSIBILITY.
The Sella wartants that all B°Ods �orlothes descripaats given, will be fit for the la^FpSeSsimiThe Sella shall carry on said work at Selk� s own risk until the same Y When materials and
wri
drawings, speeficatims, sum¢ oo ce in acCadgare with aceNted standazds i h thePurcha er MY nature suffer
e of cant arsd nsPetca fm case of any accident, destmcaon or injury to the. s °and to the satisfaction of the Pechhases net completion an
with the highest degree loss, damage a ripen without cost N the Seller, the Sella shall receive, aloud stab and
dto hold harmless from^any acceptance.. complete the work
ellinstalazr°n°r rection by such materials wtNa WurPment were bring
The Sella Agra branch of wananTy. The Sella shall replace, repair m make ime as may be equipment are Carlsbad by responsible therefor as though
or incur an Marren dIf ethe Belles faults
wt ear a within such longer par acceptance of _
MY defects a faults arising within one () Y handle same th the site and become repo
the purchaser. Y of any applicable warranty Provided by the Sella after the dart °eu<°ry�fative famished by the Seller under the order_
prescribed by law a by the terms a not to be unreasonably delayed), resulting from inrpetf compensation, including ocarle"0nal
the Purchaser shall not constitute a of workers
the goods furnished haamda (accaPt°"c the Sellers liability Provide for the Paymentdes bast order• anNm'
work done a materials famished by the Sella. Acceptance or use of goods by urChast order, l8. INSURANCE.
t ys mfierwise provided in this p Din warranties or The Sella shall, at his own expense, p
es oxfmately caused by the breach of any of the foreg B rd employed °^ or in connxtion with the work k $ to e
done
waives of wry claim under this warranty Ezcep disease brefits, tons eaaWloY
Sella
baconder shall extend to all daznaB IN fits a loss of use. NO Bv1PL1ED WARRANTY OR to their dope laws the one ace
guarantees, be such ema
liability shall in no event include lass of pro ndena in acceraaliability including,f but worsuit limited go Contra ualtand W QWfir Public IaabilltY
ehcnsrve genfor MY me Person, 5500 big
c for act
SS FOR PURPOSE SHALL APPLY. carry comer and death limits of at least $300,000 uire his contractors, if any, to
MERCIIANTAHILITY OR OF F I'fNB insurance with bOdIly inNrY sfiall do MY
and property damage limit par accident of 5400,000. The f the Sellars or big rmtrecVa[% employeesman and
4. CHANGES IN LEGAL TERMSo legal terms by written change mder_ provide for such compensa0m and insurance. Before any with a certificate drat such comPms
The Purchaser may make cb ing r the date when such compensation and insurance have
work upon the h cona of orarrs. the Sella shall furnish the Rochasm lion and insurance expires. rate Sella
insurance have been Provided. Such certificates shall spa fY the entire work is completed and
5. CHANGES IN L'OMIv1eRCIAL TERMS. verbal or written change order. If any such been provided. Such certificates shall specify the date whew such compensation
The Purchssa may make any change
s R the tames, other than legal leans. including additions to a delerms from ct shall be maintained until after
adjustment shall be made. agrees that such On
and msumn
the quantities originally ordered in the Specifications a drawings. by accepted.
change affects the amount due m the time of performance het'r;unda, an equitableadd all damage loss or injury of any kind
cement as Io any a all Porteous of the I9 pROTECTION AGAINST ACCIDENTS AND DAMAGES. vrded for m
6. TERMINATIONS, work a materials then in caused by or resulting from the exccumr of the work Pro
terminate this age' The Sella hereby assumes the entire responsibility and liability for any
and my
The Purchaser may a MY time by Written change order. Persons a Property
act m any equitable adjustmermt between the Parties as to any m the mcomPleted a nature whemava to pasThe d, chargd
less the
goods then not shipped. subject claims for anticipated Pr net any and all claims. krssd, damages, u[ or
progress provided Omar the Purchases shall not be liable for my d, and that no such adjustment be mad, in this purchase Order or m connaag rs and and agar indemnity
y fro wlhiothnthe Purchases may be P
or all of the Pwcbders mrwas• age ors a Property of his CmtrartOla. Or
Forum of the 9006 as Va work. fa madame a consequential damages, or pxpersats, whether direct or indirect, and whether to Persons omy of shall be brought
favor circa Sella with rdlrat to any gods svaich ec die Sellers standard hereunder nation shall rc rave 1�, omidim or default an the Pan i �> �belrla any gs
subject by reason of any act, scrim, neg rnra s "I'Yea. In cots' MY t a by reasm of my art, action,
dhc Puchder a the Sella of any of their obligations az [o arty g any of the Sellers or contrxtors officeraor emPloyas at any time on saccun employed
of cmtractars a any of its a their officers, agena a
the Sellers -w'
7. CLAIMS FOR ADIUSTMENT. 30 des from the date the change a temhiatim is ordered. against the Pachaser, ti its officers. agents
d within thirty ( ) Ys ees to assume the defense thereof and to defend the same at ants may fir
t must be assert neglect, amsst e Seller
of the Sella of any sea, any and all judgm
Any claim for adjustrnen as aforesaid the Sella hereby age s fees and mfia expo^ enrs Or employed in such suits a oche
expense, to pay any and all costs, chaz8d, r or ney4 its a their otchase erg of the Purchaser
8. COWLIANCE WYSH LAW aced, sold delivered and famished in said incurred by or obtained against tare Purchaser t any a obtained against Hone n" Property
are subject The Sella shall execute and P aacatmpg and in case judgmen m other lien be Placed ^Pangs the Sella sulfa at rate emrse the same to h
The Sella -a'.ill,II that all goods sold haemda shall have been Prod ,labors required to afian take all safety precatOan
compliance with all applicable laws and redegu, effect a evidence comp ante. All laws and ttg or said potties in a as a resultthOf �a .oro(bCJWIper $ells and his torNattasbi atl laws and regulators wit
deliver such documents
eements of tlria character arc hereby incorporated heroin hY this reference . The ScOa aga'ers dissolved and discltaBtday Br vendor of accidents, cmrp Y
lx incorporated in egr famish and install all guards necessary for Pit oral Safety
and Health Act of 1970 and all roles a
be indemnifyea and held the Pwchasa harmless from all costs and damages suffered by Ina Pwchaser as a result o regard to safety including. but without limitation, the Orcupau Revised L
Ob, Salas failure to comply with such law.
to become due hereunder Withoutthe
regulations issued pursuant thereto
9. ASSIGNMENT. this order, or anY monies due a'.
Nadu, party shall assign, transfer, m convey
prim written consent of the other party