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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9112716Fort Collins Date: 05/11/2012 PURCHASE ORDER PO Number Page 9112716 1o12 This number must appear on all invoices, packing slips and labels. Vendor: 108423 Ship To: STREETS DEPARTMENT VOGEL CONCRETE INC CITY OF FORT COLLINS 6330 S COLLEGE AVE 625 NINTH STREET FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80524 Delivery Date: 05/13/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Change order 3 1 LOT EA 39,692.02 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 Total 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 1. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 11. NONIVAIVER. 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 terns and conditions hereof. failure or dclav to Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26. 114 (a), exercise any rights or remedies pmvided herein or by law, failure to premptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder Of approval of the design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defers of any Of the , rmfics Or obligations of this purchase order and shall not be deemed a waiver ofany right of the damage in transit, may he returned to von for credit and arc not to be replaced except upon receipt of written purchaser to insist upon strict perfomtance hemofor any ofits rights or remedies as to any such goods, regardless immtctions from the City of Fort Collins. of when shipped, received or accepted, as to any poor or subsequent default hereunder. nor shall any purported oral modification Or rescission of this purchase order by the Purchaser operate is 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 mspon c 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 esecuting this purchase order. the Seiler hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B.. City of Fort Collins. WIT) Wood St, Fort Collins, CO 80522...less acquired under federal Or state mahout 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 Purchasser purmmnt to this purchase order. bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance Where manufacturers have distributing points in various pans of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all ncccssary permits, certificates and licenses required by all applicable Taus, 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 funher agrccs to hold the City of Fort Collins harmless from and against all liability and Inss incurred by them by reason of as asserted or established violation of any such laws, regulations, Ordinances, rules arm requirements. Authorization. All parries to this conflict agree that the representatives are. in fact. Mn. Fide and possess fill and complete authority to bind mid 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 herein or incorporated herein by reference Any additional or different teats and conditions proposed by seller arc objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately i(ynu cannot make complete shipment to naive 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 heroic. No acts of the Purchasers including, without limitation, acceptance of panial late deliveries, shall Operate as a waiver of this provision, In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option ofplacing this order elsewhere and holding the Seiler liable for damages. However, the Scllcr shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which arc beyond its reasonable control and uithout its fault of negligence. such acts of God, acts ofcivil or military authontia. goemmental priuritics, fires, stokes, food, epidemics. wars or riots 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 actually lost by reason ofthe delay 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or 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 nature. The Seller agrees to hold the purchaser harmless; from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seiler shall replace, repair Or make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer perind of time as may be prescribed by law or by the terms ofany applicable warranty, pmvidcd by the Seller after the date of acceptance ofthe grads furnished hereunder (acceptance nut to be unreasonably delayed), resulting from imperfect or defective work don, or materials furnished by the Seller, Acceptance or use of goods, by the Purchaser shall not constitute a waiver ofany claim under this wananry. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach ofany ofthe foregoing warranties or guarantees, but such liability shall in no event include loss of profits or loss of use. 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 terms, other than legal Mau, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by vedaal or written change order. If any such chance affects the amount due or the time ofperformance 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 goods 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 pmfau on the uncompleted ponion of the goods and/or work, for incidental or consequential damages. and that no such adjustment he male in favor of the Seller with respect to any goods which arc the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany oftheir obligations as to any good delivered hereunder, 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warants that all goads sold hereunder shall have been produced, sold, delivered and furnished in strict compliance with all applicable Imes and regulations to which the goods are subject. The Scllcr shall execute and deliver such documents as may be required to effect orevielcace compliance. All laws and regulations required to he incorporated in agreements of this character arc hereby incorporated herein by this reference. The Seller agrccs In indemnify and hold the P.mmser hamtics from all costs and damages suffered by the Purchaser as a result of the Scllers 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 party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for a I I equipment. materials, and items famished in performance of this agreement. free and clear of any and all liens, restrictions, reservotions, security interest encumbrances and claims ofothcrs. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective grads by a date to be agreed open by the PurchrWr and the Seller, and the Scllcr thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be perforated by the mast expeditious means available to it and the Seller shall pay all costs nssocimcd with such work. The Scllcr shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance of such 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 ofsuch party. The Seller's contractual obligations, including %ananty, shall not he dcemed to be reduced, in any way, becnosc 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 covertd by letter, patent trademark or copyright, the Seiler 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 connecioa 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 pmszeution or aRcr the completion ofthe work. In case said equipment or any pun thereof or the intended use of the grads, is in .such suit held to constitute infringement and the use of .said equipment or pan is enjoined, the Seller shall, at its our expense and at its option, either procure, for the Purchaser the right to continue using mid equipment or parts, replace the sine with substantially equal but anninfringing equipment, or modify 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 any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions oftcmrs used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed under and governed by the laws ofthe State of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perfomt work hereunder. including the sen'ices of Sellcm Represcnmtive(s), on the promises ofothcrs. 17. SELLERS RESPONSIBILITY. The Seller shall carry on mid work at Sellers own risk until the sine is fully completed and accepted, and shall, in case of any accident desm¢tion or injury to the work and/or materials before Scllers final completion and acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipment arc famished by others for installation or erection by the Seiler. the Seiler shall receive, unload, store and handle same at the site and become responsible themfor as though such materials and/or equipment were being furnished by the Seller under the order. I R. INSURANCE. The Seller shall, at his own expense, pray ide 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 crate in which the work is to be done. The Seller shall alai carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at (cast S300.000 for any one person. $500.0im for any one accident and property, damage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, to pmvide for such compensation and insurance. Before any of the Scllers or his contmrtors employees shall do any work upon the premises ofothcrs, the Seller shall furnish the Purchaser with a certificate that such eompenmmtinn and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have hcen pmvidcd. Such certificates shall specify the date when such compcnsation and insurance expires. The Scllcr agrees that such compensation and insurance shall be maintained until ancr the entire work is completed and accepted, 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Scllcr hereby a.urucs the entire responsibilityand liability for any and all damage, loss or injury ofany kind or nacre Whatsoever to persons or pmperty caused by Or resulting flint the execution ofthe work provided fur in this purchase order or in connection herewith. The Seller Will indemnify mud held harmlessthe Purchaser and any or all of the Purchasers officers, agents and employees from and against any and all claims losses damages. charges or expenses, whoiher direct or indirect, and whether to persons or property to which the Purchaser may be put Or subject by reason ofany act, action, neglect, omission or default no the pan Of the Seller, any of his contractors, or any of the Sellers or contractors Offices, agents Or employees. In case any suit or other pmccedings shall be hmoght against the Purchaser, or its officers, agents or employees at any time on account or by reason of any act. action, neglect omission or default of the Seller ofany of his contractors or any of its or their offsets, agents or employees as aforesaid. the Seller hereby agrees to assume the defense thereof and to defend the mum at the Sellers own expense, to pay any and all costs, charges attorneys fees and other expenses, any and ill judgments that cony 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 case judgment or other lien be placed upon or obtained against the pmpcny of the Purchmer, Or said panics in or as a result of such suits or other proceedings, the Scllcr 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 rules and regulations issued pursuant thereto. Revised 03/2010