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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9120715City of /11 wort 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 6710 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 11, 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 9120715 1o12 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 Buyer: UOM Unit Price 1 LOT LS Total Invoice Address OPAL DICK Extended Price 16,707.02 $16,707.02 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tams and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions By staNte the City of Fort Collins is exempt man state and local taxes. Our Exemption Number is 11. NONWAIVER, 99-I1,1502. Federal Excise Tax Exemption Certificate of Registry 94-0000597 is registered with the Collector of Foibnm of the Purchaser to insist upon strict performance of the terms and conditions heeor, failure or delay to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Stabiles 1973. Chapter 39-26, 114 (a). exercise any rights or rcmedics 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 mM specifications. either when shipped or due to defects of any of the svarmtnics or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be retuned to you for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict performance hoomfor any of its rights or remedies as to any such goods, regardless instructions firma the City of Fort Collins, of when shipped, received Or accepted, as to any prior or subsequent default hereunder. nor shall any purport oral modification or rescission Of this purchase order by the Purchaser Operate as a waiver of any of the toms 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. ASSIGNM ENT OF ANTITRUST CLAIMS, authorized payment on the part of the City of Fort Collins. Hoorven it is In be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting Form antitmst ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. 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 any and all claims it may now have or hercatter Freight Terms. Shipments most be F.O.B.. City of Fort Collins, 700 Wood St.. Port Collins, CO R0522, unless acquired under federal or state antitrust laws for such Overcharges relating to the particular goods or services otherx'ise specified on this Order. If permission is given to prepay freight and ehzrgc svIn mtcly, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill most accompany invoice. Additional charges for packing will not be accepted. 13, PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturC6 have distributing points in various pans of the country, shipment is Hite Purchaser directs the Scller to cancer nonconforming or defective goods by a date to be forced upon by the expected From the nearest distribution point to destination, and excess freight will be deducted Form Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unw'illingnesv to comply, the Purchaser shipments are made fmm greater distance. may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs ro ocimcd with Bach work. Permits. Seller shall procure at sellers sole cost all necessary permits. certificates and licences required by all applicable laws, regulations. ordinances and talcs 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 laws. regulations. ordinances. odes and requirements, Authorisation. All parties to this contract agree that the representatives arc, in fact, bona fide and possess full and complete amhorim 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 terms and conditions annexed hereto or ineorporrued herein by reference Any additional or different terms 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 arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and perfOmznec 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 ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition to other legal and equitable rcmedics, 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 am beyond its reasonable control and without its fault of negligence. such acts of Gad, acts of civil or military authorities. governmental priorities, fires. strikes, flood, epidemics. wars or riot 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 of any such delay, the date of delivery shall be extended for the period equal to the time normally lost by reason ofthc delay. 3. WARRANTY. The Seller wzmnts that all goods, articles, materials and work covered by this order will conform with applicable dvvings. specifications. samples and/or other descriptions given, will he 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 Seiler agrees to hold the purchaser hamlcss from any loss, damage or expense which the Purchaser rimy suffer or incur on account of the Scllers breach of wamnry. 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 re may be prescribed by Inv or by the terms ofany applicable warranty provided by the Seiler after the date of acceptance of the goods furnished hereunder (acceptance not to he unreasonably delayed), resulting fmm imperfect or defective work done or materials famished by the Sel lcr. Acceptance or use of good by the Purchaser shall not constitute a waiver of any claim under this wamnry. 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 wamntice or guarantees, but such liability shall in no event include lot of profits or loss of use. NO IMPLIED WARRANTY OR M ERCHA LTA BILITY 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 tans, other than legal terms, including additions to or dciclinns (roar the quantities originally ordered in the specifications or drawings, by verbal or written change onler. If any such change affects the amount due or the time ofperfom once hereunder, an egnnablc adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by written change order. mindinme this agreement as to any Or all portions of the goods then net shipped, subject to any equitable adjustment bc1oun the panics as to any work or materials then in pmgrcs s provided that the Purchaser shall rim be liable for any claims for anticipated profits can 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 good which are the Sellers standard stock. No such termination shall relieve the Purchaser on the Seller of any of their obligations as to any goods delivered hercunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (3B) days from the date the change or termination is ordered, R. COMPLIANCE WITH LAW. The Seller wamats that all good sold hcmrmder 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 us may be required to effect or evidence compliance All Imes and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference, 'I'he Seller agrees to indemnify and hold the Purchaser harmless Form all costs and damages suffered by the Purchaser ns a result of the Sellers failure to comply with such law. 9. ASSIGNMENT, Neither party shall assign, transfer, or convey this nrdcr, or any monies due or to become due hereunder without the prior written consent ofthe other parry. 10. TITLE. The Seller warrants 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, rescmdtions, security interest encumbrances and claims ofrohcrs. , 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 rent of fault of negligence of the parry released and shall extend to the directors, officers rod employees ofsueh party. The ScIrces contractual obligations, including wamnry, shall not be dccmed in 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 in use any design, device, material or process covered by letter. patent, trademark or copyright, the Seller shall indemnify and save hamlcss the Purchaser from any and all claims for infringement by mason 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 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 pan is enjoined, the Seller shall, at its own expense and at its Option, either procure for the Purchaser the right to continue rising said equipment or pans, replace the same with substantially equal but nnninfringing equipment, or modify it so it becomes nnninfringing. I5. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the hencfil Of creditors, appoint a receiver or trustee for any Of the Seller; property of business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definnums fmoms used or the interpretation ofthe agreement and the right ofall parties hereunder shall be construcd under and governed by the Imes ofthc State of Colorado, USA. The following Additional Conditions apply only in cases where the Seiler is to perform work hereunder. including the sem'iecs of Scllcrs Repiesentative(s), oa the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Sellefs 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 Sellcr's final completion and acceptance, complete the work at Scllers own expense and to the smisfaction of the Purchaser. \\Ten materials and equipment arc famished by others 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 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 be done. The Seller shall ahm carry comprehensive general huhility including. but not limited to. contractor[ and automobile public liability insurance with bodily injury and dcnth limit% 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, if any, to provide for such compensation and insurance Before any of the Scllcrs or his contractors employees shall do any work upon the prenums Of others, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance hive been provided. Such certificates shall specify the date when such enmpcncation and insurance hive been provided. Such unificates shall specify the dine when such compensation and insvmnce expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PRO'FECfION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility, and liability for any and all damage, loss or injury ofany kind or natures whatsoever to persons or property caused by or resulting from the execution ofthe work pmvidcd for in this purchase order or in conacclinn herewith. The Seiler will indemnify and hold hmmlcss the Purchaser and any ra rld of it,, Purchi crs Officers, agents and cmployccs form and against any and all claims, losses damages. chmgcs or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may he put or subject by reason of any net, action, neglect, omission Or default on the pan of the Seller, any of his contractors. or any of the Scllers or contractors officers, agents or employees. In case any suit or other procredmgs shall be hmught against the Purchaser, or its officers, agents or employees at any time on account car by reason of any act action, neglect omission car 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 more at the Scllcrs Own expense, to pay any and all costs, charges attorneys fees and other expenses, wry and all judgments that may he incurred by Or obtained against the Purchaser or any of its or their officers, agents or employers in such suits or other Proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny of the Purchaser, or said panics in or as a result of such suits or other pmceredings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shill take all safety precautions, Finnish and install all guards necessmy 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 odes and regulations issued pursuant thereto. Revised 03/2010