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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9953080 (2)Date: 12/21 /2009 F6rt of Page Number: 1 Purchase Order Number: 9953080 Delivery Date: 5/19/2009 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 3 1 LOT 6,054.54 Change Order 3 Total R- 0AU-Q-Q �F- City of Fort CqKinY Director of Purchasing and Risk Management This order is dQValid over $5000 unless signed by James B. O'Neill II, CPPO 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 $6,054.54 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions f. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of I ntemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications. either when shipped or due to defects of damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written instructions from the City of Foil Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pail of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made four greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required byall applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by then' by reason of an asserted or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to hind said parties. LIMITATION OFTERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein set forth and any supplementary or additional tertrs and conditions amexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Deliveryand perfonunce must be effected within the since stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the event of arty delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or riots provided that 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 the event ofany such delay, the date ofdelivery shall be extended for the period equal to the time act wally lost by reason of the delay 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit fin the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work ofa similar nature. The Seller agrees to hold the purchaser hamiless from any loss, damage or expense which the Purchaser nuy suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or mmnke good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acceptance not to be unreasonably delayed), resulting from innperfeet or defective work done or materials punished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits or 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 tetras by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may snake any changes to the terms, other than legal terns, including additions to or deletions bons he quantities originally ordered in the specifications m drawings, by verbal or written change order. Ifany such change affects the amount due or the time of performance hereunder, all equitable adjusunent shall be made. 6. TERMINATIONS. The Purchaser may at anytime by written change order, temcinate this agreenent as to any m all portions ofthe goods then not shipped, subject to any equitable adjustment between the parties as to any work or nmaterials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjusunent bemade in favor ofthe Seller with respect to any goods which are the Sellers standard stock. No such tennination shall relieve the Purchaser or the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change in temmination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect on evidence compliance. All laws and regulations required so be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. If and only to the extent this [Agreement] constitutes a "sole source government conm'act" within the meaning of Article XX V 111 of the Colorado Constitution ("Article XX V I I I"). then the provisions o f Section 15 of Article XX V I I I are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] or any other person who is a "contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, m public employment with the state of Colorado or any of its political subdivisions, for three yews. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party.) 10. TITLE. The Seller win ants till, clew and unrestricted title to the Purchaser for all equipment, materials, and items furnished in Pei formance of this agreement. free and clear of any and all liens. restrictions, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terns and conditions hereof. failure us delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event ofa breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or oblient ions of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification m rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations ae in fact borne by the Purchaser. Theretofore, for good cause and as consideration for executing this purchse order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purclu set directs the Seller to correct nonconfonning or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply. the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any net- fronm all liability and claims of any nature resulting front the performance of such work. 'Phis release shall apply even in the event of fault of negligence office party released and shall extend to the directors, officers and employees of such party. Tile Seller's contractual obligations, including warranty, shall not be deemmed to be reduced. in any sway, becausesuch work is performed o caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or In covered by letter, patent, trademark or copyright. the Seller shall indenmify and save harmless the Purchaser front any and all claims for infiingement 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 cost. expense or damage which it nray be obliged to pay by reason of such infi-ingentent at any time during the prosecution or after the completion of the work. In case said equipment, or any pail thereof or the intended use of the goods, is in such suit held to coast mile inf-ingenment and the use of said equipment or pail is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the sanme with substantially equal but non-infi inging equipment, us modify it so it becomes non -infringing. 15. INSOLVENCY. If the Scller shall become insolvent or bankrupt, make arc assignment for the benefit ofcreditors, appoint a receiver or trustee loot any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws office State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to pertonn work hereunder, including the services of Sellers Rein esentative(s). on the In of others. 17. SELLERS RESPONSIBILITY. The Seller shall canyon said work at Seller's own risk until the same is filly completed and accepted, and shall, incase of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, omplete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by others fin r installation m erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor:s though such nuuerials and/or equipment were being furnished bythe Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payncent of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the wo k covered by this purchase ordet-, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least S300,000 for any one person. S500.000 for any one accident and property damage limit per accident of $400.000. The Seller shall likewise require his contractors, if any, to provide (or such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall fiunish the Purchasm- with a certificate that such compensation and insurance have been provided Such certificates shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind us nature whatsoever to persons or property caused by or resulting front the execution of the work provided for in this purchase order or in connection herewilh. The Seller will indemmndy and hold hatniless the PtrrclmaSCrand anyor all of the Purchasers officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct in indirect, and whether to persons or property to which the Purchaser ntay be put or subject by renson of any ❑ct. action. neglect. omission or default on the pail ofthe Seller, any ofhis contractors, or any ofthe 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 any act.action. neglect, ommission or dethult of the Seller of any of his contractors or any of its or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense. to pay any and all costs, changes. attorneys fees and other expenses. any and alljudgmcuts that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such suits or other pi oceedings. and in case judgment or other lien be placed upon or obtained against the property of the Purchaser, or said parties in or as n result ofsuch suits m other proceedings. the Seller will at once cause the same to be dissolved and disch;uged by giving bond or of herwise. The Seller and his contractos shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. Revised 04/2001)