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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9112716 (6)Fort Collins Date: 11/09/2011 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9112716 1of2 This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 05/13/2011 Buyer: JOHN STEPHEN Note: I Line Description Quantity UOM Unit Price Extended Ordere Price 4 change account dollars 1 T EA-100,000.00 John, I need another favor. Can you move 100,000 from I don't have enough encumbered in 902111 Stan Welsch Financial Coordinator City of Fort Collins Streets Department 970-416-2091 5 change account dollars U City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill ll, 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 into 902111.533010 on Vogel PO#9112716? 1 LOT EA 100,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tenns and Conditions Page 2 of 2 I. 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 Collator of Internal Revenue, Denver. Colorado (Rcf. Colorado Revised Statutes 1973, Chapter 39-26. 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specification, either when shipped or due to defects of damage in transit, may be retained to you for credit and arc not to be replaced except upon receipt of written inrmetien from the City of Fort Collins. Inspection. GOODS arc subject to the City of Fort Collins inspection on arrival. 11. NONWAIVER. Failure of the Pumhascr to insist upon strict performance of the terms and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the worumics or obligations of this purchase order and shall not he deemed a waiver of any right of the purchaser to insist upon strict performance haunfor 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 bacunda, nor shall any purported am] modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the tomes hacri Final Acceptance. Receipt of the mceshandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required inspection precedums. violations arc in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser anv and all claims it may now have or hmca0cr Freight Terms. Shipments must be F.O.B., City of Fair Collins, 700 Wood St, Fort Collins CO 80522. unless acquired under federal or state antitrust laws for such overcharges mlating to the particular goods or services otherwise specified on this order. If pormission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective goads by a date to be agreed upon by the expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller therca0er indicates its inability or unwillingness to comply, the Pumhascr shipments arc made from gmzta distance. 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. Panics. Seller shall pmcum at sellers sole cost all necessary, pernits. catificatcs and licenses required by all applicable Imes, regulations, ordinances and miles 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 For Collins hamdess from and against all liability and loss incurred by them 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 arc, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set faith and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different terns and conditions pmposcd by'seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the essence. Delivery and perfomtanec coast be cffcetnl within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, ececptance ofpanial late deliveries, shall operate as a waiver ofthis provision. In the event ofany delay. the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. Hosveveq the Seller shall not be liable far damages as it result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence. such acts of Gad, acts ofeivil or military amhodtics, governmental priorities, fires, strikes, flood, epidemics, wars or riots pmvidcd 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 of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by mason ofthe 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 In for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser harmless from any Into, damage or expense which the Purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within .such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller aher the date of acceptance of the goods Famished hereunder (acceptance not to be unreasonably dcl ayed), reswlt i ng from imperfect a defective work done or materials Furnished 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 Sel lets 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 hI E RCHANTA B ILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGA 1, TERMS. The Purchaset may make changes to legal terms by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions from the quantities originally canceled in the specifications or drawings, by cabal or written change ardor. If any such change affects the amount due or the time off aformance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, terminate this agreement as to any or all portions of the coeds then not shippaL mlagat to any equitable adjustment between the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for amieipated profits on the uncompleted potion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which arc the Scllcrs standard stock. No such termination 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 most be asserted within thirty (30) days from the date 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 regulations to which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidame compliance. All laws and regulations required to be incorporated in ag amatts of this character are hereby incorporated Facto 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. 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 ofthe other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agrecmcnt free and clear of any and all liens, restrictions, reservations, secunty, interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier front all liability and claims of any nature resulting from the Performance nfsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, affects and employees of such party. The Sella,, contractual obligations, including warranty, shall not be deemed to be reduced, in anv way, because such work is performed or caused to be perforated by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or pime&v covered by latter, patent, nndcmark or copyright, 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 with the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason nfsuch infringement at any time during the prosecution or after the completion of the work. In ease said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or par is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pumhascr the tight to continue using said equipment of pans, replace the same with substantially equal but noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the bereft of creditors, appoint a receiver or trustee for any of the Sellers pmpcny or business, this order may forthwith be canceled by the Parchascr without liability. 16. GOVERNING LAW. The definitions oftcrms used m the interpretation ofthe agreement and the rights efall panics hereunder shall be construed under and govcmed by the laws ofthe State of Colorado. USA. The following Additional Conditions apply only in cases wham the Seller is to perform work hereunder, including the services of Sellers Reprcsatative(s), on the premises afothers. 17, SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the same is fully completed and accepted, and shall, in case of any accident, destmmin r or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Sclia''s own expense and to the satisfaction ofthe Purchaser. When materials and equipment am famished by others for installation or cration by the Seller, the Seller shall receive, unload, store and handle wine at the site and become responsible themfor as though such materials and/or equipment were being furnished by the Scllcr under the order. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its entployccs employed on or in connection with the work covered by this purchase order. unifier to their dependents in accordance with the laws of the state in which the work is to he 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 afar last S300,000 for any one person, S500.000 for any one accident and property damage limit per accident of S400.1R10. The Seller shall likewise require his contractors, if any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall de any work upon the premises of atters. the Seller shall furnish the Purchaser with a cenificatc that such compensation and insurance have been pmvided. Such cenifieates shall specify the date when such compensation and insurance hive been provided. Such certificates shall specify the date when such compensation and insurance expims. 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 ofany kind or natem whatsoever to persons or propene caused by or insulting from the execution ofthe work pmvidcd for in this purchase order a in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages. charges 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, neglect, omission or default on the part ofthe Seller, any of his contractors, or any of the Sellers or contractors otfcas, agents of employees. In case any suit or other proceedings shall be brought against the Parchascr, or its officers, agents or employees at any time on account or by reason of any act action, neglect omission or default of the Seller of any of his contmaors or any of its or their oRcers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same m the Sellers own expense, to pay any and all costs, charges, attomcys fees and other expenses. any and all judgments that may be incurred by or obtained against the Parchascr or any of its or their officers, agents or employees in such suits or other proceedings, and in ease judgment or other lien be placed upon or obtained against the property, of the Pumhascr, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond or whom ise. The Seller and his contractors shall take all safety precautions. furnish and install all guards me sic ry for the prevention of accidents, comply with all laws 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. Remised 03/2010