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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9120713City of Fit Collins Date: 02/02/2012 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS Colorado 80525 Delivery Date: 02/02/2012 Note: Line Description OTHER PROF & TECH SERVICES 6712 PURCHASE ORDER 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 PO Number Page 9120713 1of2 This number must appear on all invoices, packing slips and labels: Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT eOLLINS Colorado 80521 Buyer: UOM Unit Price 1 LOT LS Total Invoice Address: OPAL DICK Extended Price 10,766.23 $10,766.23 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terrns and Conditions Page 2 of 2 L COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is I I. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tcmrs 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 Ira.-, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofihc design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when .shipped or duc to defects of any Of the wamntics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and an not to be replaced except upon receipt of written purchaser to insist upon strict perfomance herenfor any units rights or remedies as to any such goods, regardless instructions form the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported nml modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, 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 procedures, violations arc in fact borne by the Purchaser. Theretofore. for good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hercaRer Freight Terms. Shipments most be F.O.B., City of Fan Collins. 700 Wood St.. Fort Collin,. CO 90522, unless acquired under federal or .state antitrust laws for such overcharges relating to the particular goods or services otherwise specified on this order. If pemmission is given to prepay freight and charge separately, the original freight purchased or acgnircd by the Purchaser pursuant to this purchase orde, hill must accompany invoice, Additional charges for packing will not be accepted. 13. PURCHASERS PERFOR MANCE 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 goods 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 thereafter indicates its inability or unwillingness to comply, the Purchoscr shipments arc made from greater 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. Pemits. Seller shall procure at sellers sole cost all necessary permits. certificates and licenses matured 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 forces 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 laws, regulations, ordinances. rules and requirements. Authoriretion. All panics to this contract agree that the representatives are. in fact, bona fide 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 forth and any supplementary or additional lemis and conditions annexed hereto or incorporated herein by reference. Any additional or different tans and conditions proposed by.seller arc 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 ofthe essence. Delivery and performance must he effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance ofpartial late deliveries. shall operate as a waiver of this prevision. In the went of any delay, the Purchaser shall have. in addition to other Icgal and equitable ¢medics, the option ofplaeing 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 arc beyond its reasonable control and without its fault of negligence. such acts of God, acts of civil or militaryauthorities governmental priorities, fires, strikes. food, epidemics, worn or riots provided that notice of the conditions causing such delay is given to the Purchaser within lice (5) days ofthe 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 ofthe delay. 3.WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this artier will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purfmses intended, and perfumed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature The Seller agrees to hold the purchaser hamrless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwamnty. The Seller 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 pmscnbed by Inv or by the terms ofany applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect .,defective .,it done or materials furnished by the Seller. Acceptance or use of Bonds by the Purchaser shall not constitute a waiver ofany claim under this %wamnry. Except as otherwise provided in this ptrchuse order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing wronmics or gualsones, but such liability shall in no event include Ins. ofprofits or Ins, of ose. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 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 arms, other than legal terms, including additions to or deletions from the quantities originally ordered in the speofcatims or drawings, by verbal or .written change order. If any such change affects the amount due or the time offannormanee 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 gouda then not shipped, subject 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 anticipated profits on the uncompleted portion ofthe goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goal which arc the Scliers standard stock. No such termination shall relieve the Puohascr or the Set ler of any of their obligations as to any goods del ivemd hucander. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days front the date the change or termination is ortlemnL R. 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 arc subject. The Seller shall execute and deliver such documents m may be required to effect or evidence compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Scllcr agrees to indemnify and hold the Purchaser harmless fmm all costs and damages suffered by the Purchaser ns a result M 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 duc hereunder without the prior written consent ofthe other party. 10. TITLE. The Scllcr wemnts full, clear and unrestricted title to the Parchascr for all equipment, materials, and items furnished in performance of this agreement. free and clear of any and all liens. restrictions, resen:ations, security interest encumbrances and claims of others. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsueh work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees cf such party. The Seller's comet ctual obligations, including warn am, shall not be deemed to be reduced, in any way, because such work is perforated or caused to be perforated by the Pu¢haseu. 14. PATENTS. Whenever the Seller is requited 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 connection with the contract. and shall indemnify the Purchaser for nay cost, expense 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 pan 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 pans, replace the same with substantially equal but mninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become imfiNcut or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Parchascr without liability. 16. GOVERNING LAW. The definitions of tans used or the inicrprctation ofthc agreement and the rights ofall panics hereunder shall be constrind under and governed by the laws of the State of Colomda, USA. The following Additional Conditions apply only in crises where the Seller is to perform work hereunder, including the services ofSellers Reprcsentative(s), on the premises ofothers. 17.SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the came is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the work at Setter's own expense and to the satisfaction of the Purchaser. When materials and equipment are furnished by ethers for installation or erection by the Seller the Seller shall receive, unload. store and handle same m the site and become responsible therefor as though such materials and/or equipment were being furnished by the Scllcr under the order. IR. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work entered by this purchase order. and/or to their dependents in accordance with the laws ofthe 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 bMily injury and death bmlhuntsof at least S300.000 for any one person. S500.000 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 ofthe Sellers or his contractors employees shall do any work upon the premises ofothers, the Seller shall furnish the Purchaser 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 asatmev the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting from the execution of the Work provided for in this purchase order or in connection herewith. The Seller will indenmi fy and hold ham less the Purchaser and any or all of the Purch..ent officers, agent, and employee,, 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 pill or subject by reason of any act. action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Scllcrs or contractors officers, agcnts 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 he reason of any act, action, neglect, omission or default 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, 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 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 ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at Once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors 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 mlcs and regulations issued pursuant thereto. Revised 03/2010