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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 3212253City of �.F.�ort Collins Date: 01/23/2012 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 3212253 1of2 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS Colorado 80521 Delivery Date: 01/20/2012 Buyer: JOHN STEPHEN Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price 1 2012 Blanket Order Utilities C3. 011�:sQ� City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 1 LOT LS Total Invoice Address: 32,000.00 Off City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fart Collins is exempt from state and local rases. Our Fxeumne. Number is I I. NON WAIV ER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39--26. 114 (a). 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 good hercnnda or approval offl a design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to ram specifications, either when shipped or due to defects of any of the warramics or obligations of this purchase order and shall not be decned a waiver of any right of the damage in transit, may be renamed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon .strict performance hercoforany of its rights or remedies as to any such goods, regardless instructions from the City affair Collins. of when shipped, received or accepted. as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the toots Inspection. GOODS are subject to the City of Fort Collins inspection on mrivnl. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12, ASSIG NM ENT OF A NTITRUST CLA I M& authorized payment on the pan of the City of Fort Collins Hosvcvcr, it is co be nndcrs and that FINAL Seller and the Purchaser recognize that in actual economic practice, mercharges resulting from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact home by the Purchaser. Thcrctnfam, for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser tiny and all claims it may now have or hereafter Freight Terms Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 90522, rulers acquired under federal or state animist laws for such overcharges relating to the particular goods or services otherwise .specified on this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase onler. bill mutt 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 parts of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defective grad by a date to be agreed upon by the expected from the nearest distribution point to destimmian, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments arc made from greater distance. may cause the work to be Perforated by the most expeditious means mailable to it, and the Seller shall pay all costs associated with such work. Permits. Seller shall procure at sellers sole cost all necessary permits, ecnificetcs and licenses regnimd by all 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 them by reason of an asserted or established violation of any such Imes, regulations. ordinances, rules and requirements. Aulhorindion. All parties to this contract agree that the representatives are, in fact, hona file and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terms and conditions stated herein set lunh and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference Any additional or different Icon and conditions prepared by seller are objected to and hemhy rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyor cannot make complete shipment to arrive an your premised delivery date as noted. Time is of the essence. Delivery and pafumranee must be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchase,, including, without limitation, acceptance of panial late deliveries, shall npemtc as a waiver of this prevision. In the event ofany delay. the Purchaser shn11 have. in addition to other legal and equitable remedies, the option ofplacing 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 an beyond its reasonable control and without its fault ofnegligencq such acts ofGod, acts ofcivil or military authorities. governmental priorities, fires, strike. flood, epidemics, wars or riots pmvided 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 reason of the delay. 3. WARRANTY. The Seller warrants that all goads. articles, materials and work covered by this order will conform with applicable drawings, specifications, samples andtsar other dacrfptiors given, will be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of it similar nature. The Seller agrees to hold the purchaser harmless from any Inss, damage or expense which the Puchaser may suffer or incur on account of the Sellers breach of warmnry. The Scllcr shall replace. repair or make good, without cast to the purchaser, any defects or faults arising within one (1) year or within such longer period of time a may be prescribed by law or by the Icons of any applicable warranty provided by the Seller after the date of acceptance of the goods furnished hereunder (acccptancc not to be unreasonably delayed), resulting from imperfcct or defective work done or materials furnished by the Seller. Acceptance or use of gaud by the Purchaser shall not consrinate a waiacr fany claim under this warranty. Except as othcnvim provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wam. cries or guamntces. but such liabi ltry shall in no event include loss of profits or Ions of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PU RPOSF SHALL APP I.Y. 4. CHANGES IN LEGAL TERMS, The Purchaser 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 form the quantities originally ordered in the specifications or drawings, by verbal or senora change order If any such change affects the amount due or the time ofperformancc hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The purchaser may at any time by written change order, terminate this agreement as to any or all portions of the good then not shipped subject to any equitable adjustment betaacen the panics as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profit, on the uncompleted Pronoun of the goods and/or work, for incidental or consequential damage„ and that no such adjeotmem be made in favor of the Seller with respect loony goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller of any oftheir obligations as many goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjuttment most be asserted within thirty (30) days from the date the change or temtination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, mid, delivered and furnished in strict compliance with all applicable laws and regulations to which the good are subject. The Scllcr shall execute and deliver such documents us may be required to effect or evidence compliance. All Imes and regulations required to be incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamdess from all costs and damages suffered by the Purchaser as a result of the Scllcrs 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 of the other parry. 10. TITLE. The Seller warrant, full, clear and unrestricted title to the Purchaser for all equipment materials, and items furnished in performance of this agreement. free and clear of any and all liens, restrictions, mservations, security interest encumbrances and claims of others. The Scllcr shall rclerse the Purchaser and its contractors of any net from all liability and claims of any nature resulting from the performance of such is earls. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, effects and employees of such parry. The Seller's eommurned obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by letter, patent, trademark 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 comucetian with the contract anal shall indemnify the Purchaser for any cost, cspcnse 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 case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of .said equipment or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment. or madify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for may of the Sellers pmperty or business, this order may forthwith he canceled by the Porchnscr without liability. 16. GOVERNING LAW. The dcrinitiam oftcrens used or the interpretation of the agreement and the rights ofall panics hereunder shall be construed under and governed by the laws of the State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder, including the services wfScllcm Reprcscntxtive(s), on the pmmiscs ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall. in case of any accident, destruction or injury to the work and/or materials before Seller's fund completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials aad equipment arc furnished by others for installation or eretlion by the Seller. the Seller shall receive, tmlond, score and handle same at the site and become responsible therefor 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, a its employees employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the state in which the work is to he done. TM1c Seller shall also cam comprehcmive general liability including, but not limited to, contractual and i ummobile public liability inmmnco with bmlily injury and death limits of at (cast S300,000 for any one person. 5500.0,M) for any one accident and property damage limit per accident of S400,000. 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 da any .cork upon the premises ofothcrs, the Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such ccnificatcs shall specify the date when such compensation and insurance have been pmvided. Such certificates shall sperf, 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 damages Ins, ar injury ofany kind or nature el rtsocver to persons or property caused by or resulting from the execution afthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims losses, damages, charges or expenses. whether direct or indirect. and whether to persons or praperry to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Scllcr, 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 effects, agent, or cmpleyccx at any time on account or by reason of any act. action, neglect omission or default of the Seller of any of his contrnetors or any of its or Ihcir oficem. agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the some at the Scllcrs own cspenov. to pay any and all cents, charges, attorneys fees and other expenses. any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their oficces. agents or employees in such snits or other proceedings, and in case judgment or other lien he placed upon or obtained against the pmpcny of the Purchaser, or said panics in or as a result nfsuch suits or other proceedings, the Seller will at once cause the same to be dis,nlvcd and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety prccaulium. furnish and install till guards necessary for the prevention of accidents, comply with all Imes and regulmions with regard to safety including, but without limitation, the Occupational Safcty and Health Act of 1970 and all mlcs and regulations issued pursuant thereto. Revised 0312010