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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9121334PURCHASE ORDER PO Number Page City Of///��� 9121334 1 of z `t Collins This number must appear �7 on all invoices, packing slips and labels. Date: 03/06/2012 Vendor: 108423 Ship To: ENGINEERING DIVISION VOGEL CONCRETE INC CITY OF FORT COLLINS 6330 S COLLEGE AVE 281 N COLLEGE AVE FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 03/06/2012 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price Transportation Capital KFCG 1 LOT LS 10,143.06 Misc. Pedestrian Sidewalks & Ramp Repairs. Per Invoice #6715. Total $10,143.06 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 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 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 Eon Collins is exempt from state and local taxes. Our Exemption Number is 11 NON WAIV ER. 99-04502, Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with The Collector of Failure ofthe Purchaser to insist Olean strict performmaee ofthe terms and conditions hereof. failure or delay In Internal Revenue. Denver, Colorado (RcL Colorado Revised Statutes 1973. Chapter 39--26. 114 (a), exercise any rights or remedies provided herein or by law, failure to pmniptly notifv the Seller in the Tent of a breach, the acceptance of or payment for goods hcrcnnder or approval ofthc 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 deemed a waiver of any right of the damage in transit may be rcNrned to vote for credit and arc not to be replaced except upon receipt of written purchaser in insist upon strict performance hcomfor any of ils rights or remedies ns many nob goods. regardless instructions from the City of Fort Collins. of Often .shipped, received or accepted, es to any prior or subsequent default hereunder, nor shall any purported not l modification or rescission of this purchase order by the Purchnscr 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 In this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Eon Collins. However, it is to be understood That FINAL Seller and the Purchaser recognize that in actual economic practice overcharges resulting from antirusl ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact bone by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order. the Seller hcrchy as. igna to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.R.. City of Eon Collins, 700 Wood St., End Collins. CO 90522. unless acquired under federal or state antitrust Imes for such overcharges relating to the panieulzr goods or services otherwise specified on this order. If Pemtission is given to prepay freight and charge separately, the original freight purchased ter acquired by the Purchnscr pursuant to this purchase order. bill must accompany invoice. Additional charges for packing will not be ncccptcd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS, Shipment Distance. Where manufacturers have distributing points in various parts of The country. shipment is Tribe Purchnscr directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the expeced from the nearest distribution point to destination, and excess freight will be decucted front Invoice when Purchaser and the Seller, and the Seller thercri' r indicates its inability or unwillingness to comply, the Purchaser shipments are made from greater distance. may cause the work to be performed by the most espeditions means avrilahlc to it and the Scllcr shill pay all costs associated with such wok. Permits. Seller shall procure at sellers solo cost all necessary permits, ecnifimms and licenses required by all applicable laws. regulations, ordinances and mles of the state. municipality, territory, or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction nice the wok of wendo. Seller further agrees to hold the City of Fort Collins harmless (mot and against all liability, and Inc incurred by them by reason of an asserted or established violation of any such Ian's, regulations, ordinances, rules and requirements. Authoriwinn. All panics to this contract agree that the ogmsentativcs arc. in Get, bona ride and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance in the terms and conditions stmM Ircmiti forth and any supplementary or additional tents and conditions annexed hereto at incorporated herein by reference. Any additional or different construed conditions proposed by seller arc ohiccted to and hereby rdeeted. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if vote cannot make complete shipment to arrive on your promised delivery date as noted. Time is of ncc essence. Deliver 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 ofpanial late deliveries, shall operate as a waiver of this provision. In the event of any delay. the Purchaser shall have, in addition in other legit and equitable remedies, the option nfplacing this order elsewhere and holding the Seller liable for damages. Howcvcn the Seller shall not be liable for damages as a result of dclnrs due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts ofGod, acts ofeivil or military authmitics, go, comment.] priorities, fires, strikes. Rood, epidemics. wars or tints provided that notice of the conditions causing .such delay is given to the Purchaser within free (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 of the delay. 3. WARRANTY. The Sell let warrants that all good. articles, materials and work covered by This onler will conform with applicable drawings. specifications, samples andlor other descriptions given. will he fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar matim. The Scllcr agmes to hold the purchaser hanrdoc from any Inns, damage or expense which the purchaser may suffer or incur on account of the Scllcrs breach of warranty. The Seller shall replace, repair of make good, without cost to the purchaser, any defects or faults arising within one ( I) year or within such longer period of time as may he prescribed by law or by the moms ofaay applicable warranty provided by the Sell let after the date of acceptance ofthe goods furnished hereunder (acceptance not to he unreasonably delayed), resulting form imperfect or defective work done or material, furnished by the Seller. Acceptance or use of gmds by the Purchaser shall not constitute a waiver ofnny claim tinder this warranty. Except as otherwise provided in this purchase order, the Sellers finbility hereunder shall extend to all damages proximately caused by the breach of any ofthe foregoing warranties ter guarantees but such liability shall in no event include loss ofpmfits or loss of usc. 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 nines, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings. by verbal Or written change order. If any sucb change offcats the amount due or the time of performance hereunder, an equitable adjustment shall be made. fi. TERM [NATIONS. The Purchaser may at any time by written change order, terminate this ngrcement as to any or all portions of the goods then not shipped, subject to any equitable adjustment beovecre the panics as to any work or materials then in progress pmvidcd that the Purchaser shall Or be liable for any claims for anticipated profits on the uncompleted portion of the goods andlor work. for incidental or consequential damages, and that no such idiustment he made in favor of the Seller .with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser ter the Seller of any of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be acsened within thim (30) days from the date the change Or termination is ordered. R. COMPLIANCE WITH LAW, The Seller warrants that all good sold hereunder shall have been pmduccd. sold. delivered and furnished in strict compliance with all applicable laws and regulationsto which the goods arc subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to he inenrponted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchiser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Inv. 0, ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due of to become due hereunder without the prior written consent of the other Party. 10. TITLE. The Seller wamnts full, clear and unrestricted title to the Purchaser for all equipment materials, and items garnished in performance of this agreement, free and clear of any and all liens, restrictions, reservations, .security interest encumbrances and claims of mhos. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of foal, of negfigaice of the party released and shall extend In the directors, officers and employees ofsuch party. The Seller's contractual obligations. including vamntyt shall not be deemed to he reduced, in any way. because such work is perfomnd or caused to be performed by the Purchaser, 14, PATENTS. Wlwrcvcr the Scl let is required In use any design device, material or process covered by letter, patent, trademark or copyright, the Sel let shall indemnify and save harmless the Purchaser from any and all claims for in fringemem by reason of the use Of such nderemd design, device, mateial or pmeess ire connection with the contend, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason ofsuch in fringcment at any time during the pmsemm i on on after the completion of the work. In case said equipment, or any parr 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 corm 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 noninfringing equipment, or modify it sat it bmonws noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent ter hmdru t 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 he canceled by the Purchiscr wihout linbility. 16. GOVERNING LAW. The defiritions of terms used or the intctprctatinn ofthe agreement and the rights of all parties hCmIneccr.slidl he consumed under and governed by the laws of the State of Colorado, USA. The following Additional Cmidilions apply only in cases where the Seller is to perform work hereunder. including the services Of Scllcrs Represenarive(s), on the premises ofothers. 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, destmclinn or injury to the work andlor materials before Sellers final completion and ,acceptance, complete the work at Seller's own expense and to the satisfaction ref the Purchascr. When materials and equipment are furnished by nthcrs for installation or erection by the Seller. The Seller shall receive, unload, store and handle same at The site and b¢omc respmsiblc therefor as though such materials and/or equipment wort being Furnished by the Sella under the order. 18. INSURANCE. The Seller shall, at his own expense provide for the payment of workers compcneation, including occupational disease benefits, to its employees employed on or in connection with The work covered by this purchase order. and(ter to their dependents in accordance with the Imes 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 MMily injury and death limits of at (cast 5300,000 for any one person. S500.000 for any one accident and progeny damage limit per accident of S400,000. The Seller shall likewise rcgvire his contractors, if any, to provide for such compensation and inso sac m. Before any of the Sellers or his contractors employees shall do any wnrk upon the premises of others. the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided. Such ecrtificams shall specify the date when such compensation and insurance hive been provided. Such certiftcmes he specify the date .when such compensation and insurance expires. The Seller agrees Thnt such compensation and irsumnce shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rcaponsibility, and liability for arty nod all donngc. loss or injury of any kind or nature whotsocycr to persons or porperty caused by or resulting from the execution ofthe work provided far in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any or all of the Purthascrs officers, agents sad employees from and against any and all claims Insses. damages, charges or expenses, whelber direct or indirect, and whether to persons or property, to which the Purchaser may be pat or subject by mason ofnny act, action, neglect omission or default on the part of the Seller, any Of his contractors, or any of the Sellers or con". etors Officers. agents or employees. In case any suit ter Other pmcecdings shall be bmnght against the Ptimhascr, or its oRccm, agents ter employees at any time on account or by reason of any act. action, reflect, omission or default of the Seller Of any of his cnrtmctors Or any of its or their officers, agents or employees is aforesaid, the Seller hereby ngrccs to assume the defense thereof Ind rat defend the same at the Sellers non expense, to pay any and all costs, charges, auomeys fees and other expenses any and ill judgments thal may be incurred by or obtained against the Purchnscr or any of its or their officers. ,agents or employees in such suits or other proceedings and in ease judgment or other lien he placed upon or obtained against the property of the Purchaser, or said panics in or as a result ofsuch suits or other proceedings. the Seller will at once cause the come to be dissolved and discharged by giving bond or otherwise. The Seller and his cantmctms shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents comply with all haws and regulations with regard to safety including, but without limitation, the Occupational Sufcty and Heallh.lct of 1970 and all rates and regulations issued pursuant thereto. Revised 0312010