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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9120714City of �,.F.`o_rt Collins Date: 02/02/2012 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9120714 1o12 This number must appear on all invoices, packing slips and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD STI/ FORT COLLINS Colorado 80521 Delivery Date: 02/02/2012 / Buyer: OPAL DICK Note: / Line Description / Quantity UOM Unit Price Extended Ordered Price OTHER PROF & TECH SERVICES j 1 LOT LS 7,681.42 6713 City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by James B. O'Neill Il, 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 Total $7,681.42 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statute the Ciry of Fort Collins is exempt from state and local tax¢ Our Exemption Number is 11. NONWAI VER, 99-04502_ Federal Excise Tax Exemption Certificate of Registry 84-60005R7 is registered with the Collector of Failure ofthe Pnrchascr m insist upon strict perfor imcc, of the terms and conditions hereof, failure or dclav to Internal Revenue, Denver. Colorado (get. 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 of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be decreed a waiver of any right of the damage in transit. may be rammed to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hercefor any of its rights or remedies as to any such goods, regardless instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported and modification or rescission of this purchase order by the Puchaser operate as a waiver of any of the terms Inspection. GOODS arc 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 area completion of fill applicable required inspection procedures. violations are 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 tiny and all claims it may now have or hereafter Freight Teats, Shipments most be E 0.8., City of Fen Collins, 700 Wood St.. Fort Collins. CO 80522. unless acquired under federal or state antitrust laws for such overcharges tclatim, to the particular goods or services otherwise specified on this order. If permission is given to prepay freight and charge sepnnidy, 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 goods by a date to be agreed upon by the expected from the nearest distribution point to destination. and excess freight will he deducted from Invoice when Purchaser and the Seller, and the Seller therca0cr indicates its inability or unwillingness to comply, the Purchaser 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. Permit,. Seller Shall procure at sellers Sole cost all necessary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rates ofthe 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 vendee 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 laws regulations ordinances sales and requirements. Anthonzntion. All panics to this contract agree that the representatives are, in fact, been 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 fonh aad any supplementary or additional terms and conditions annexed hereto or incorporated hcrcin by reference. Any additional or different banns and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrh a on year promised delivery date as noted. Time is of the essence. Delivery and perfomranee must be effected within the time 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 prevision. In the event array 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 ate beyond its reasonable control and without its fault ofnegligence, such acts of God, acts ofeivil or military authoricies.,ovemmental priorities, Fares, strikes, flood, epidemics, wrrs or riots provided that notice ofthc conditions causing Such delay is given to the Purchaser within five (5) days ofthc time when the Seller first received knowledge thereof, In the event of any such delay, the date of drInery shall be extended for the period equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings. specifications. Samples and/or other descriptions given, will be fit for the purposes intended, and performed 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 harmless from any loss, damage or expense which the Purchaser may .suffer or incur on account of the Sellers breach of warn my. The Scllcr shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (U year or within such longer period of time as may be prescribed by law or by the terms of any applicable wareanty provided by the Seller after the date of acceptance of the fond furnished hereunder (acceptance not to be unreasonably delayed), resulting fare, imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver crony claim under this monaty. 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 ofprofils or loss cruse. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal times by written chance ardor. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the comes. other than legal hernss, including additions to or deletions from the quantities originally ordered in the spesificalio rs or drawings. by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change order, laminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the Panics as to any work or matenms 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 adjustment be made in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such temrimition shall relieve the Purchaser or the Scllcr of any of their obligations as to any goods delivered hcremndcr. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 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 are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be incorporated in agreements of this character arc 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 ofthe Scllcrs failure to comply with such lain. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or any monies due or to became due hereunder without the prior written consent of the other party. 10. TITLE. The Seller warrants fall, clear and unrestricted title to the Pumhascr for all equipment. materials, and items furnished in performance of this agreement. free and clear of any and all liens. restrictions reservations security interest encumbrances and claims of others. The Seller shall release the Purchfisar and its contractors of any her from all liability and claims of any nanire resulting from the perfnmmnee ofsnch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees o'such party. The Sellers contractual obligations, including wrarranty. shall not be deemed to be reduced, in any way, because such work is performed 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 hamdess 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 cast. expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or aner the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such snit held to constitute infringement and the use of said equipment or part is cnjnined, 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 naninfriaging equipment, or modify it so it becomes aaninfiinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankropt. 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 Purchaser without liability, 16. GOVERNING LAW, The definitions of terms used err the inicrprdation of the agreement and the rights ofall parties hereunder shall be construed undermost govemcdbythe laws ofthe State of Colorado, USA. , The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. incloding the services of Scllcrs Rcpresentmivc(s), on the prcmiscs of others. 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 Scllcr's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When mffienals and equipment are famished by offers for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller 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 vend: covered by this purchase order. and/or to their dependents in accordance with the laws of the scam in which the work is to he done The Seller shall also carry comprehensive general liability including, but not limited to, coutmemal and auromobile public liability insurance .with bmlily 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 S400,000. The Seller shall likewise require his contractors, it any, to provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Sellershall burnish 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 bom pmvidcd. Such certificates shall specify the date when such compensation ,and insurance expires. The Seller agrees that such compensation and insurance shall he 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 losses- injury efany kind or nature whatsoever to persons or property causedby or rending, from the execution critic work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hi mdess 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 property to which the Purchaser may be put or subject by reason of any act action, neglect. omission or default on the part ofthe Scllcr, any of his contractors, or any of the Scllcrs or contractors officers, agents or employees In ease any suit or other proceedings shall be brought against the Pnrchascr, or its officers, agents or employees at any time on account or he reason office act, action, neglect, omission or default ofthe Seller crony of his contractors or any of its or their offtcen, 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 cr as a result of such suits or other proceedings. the Sellermill at once cause the saute 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 Inns and regulations with regard to safety including, but without limitation. the Occupational Safety and Health Act of 1970 and ill rules and regulations issued pursuant thereto. Revised 03/2010