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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9112716 (2)Fort Collins Date: 06/27/2012 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9112716 1of2 r number must appear ll invoices, packing s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 05/13/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 12 Change order 4 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 1 LOT EA 34,758.43 758.43 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 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt fmm state and local taxes. Our Exemption Number is 11. NONWAIVER. 98A4502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance ofthe terms 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 hcrcin or by Irv, failure to promptly notify the Seller in the event turn breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall tam release the Sellerof 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 his purchase order and shall not be deemed a waiver of env right ofthe damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hercofor any of its rights or remedies as to any such goods, regardless instructions fmm the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported our modification or rescission of this purchase order by the Purchaser operate as a anit er of any of the terms Inspection. GOODS are subject to the City effort 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 deycndent upon completion ofall applicable required inspection procedums. 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 any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B., City of Fen Collins, 7W Wood St., Fon Collins, CO 80522, unless acquired under federal or state antitrust losers 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 Purchaser pursuant to this purchase orden 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 cxpttted Not the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness 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 associated with such cork. Permits. Seller shall procure at sellers sole cost all rectmary permits, certificates and licenses required by all applicable laws. regulations, ordinances and rates of the state, municipality, territory or political sulilivision where The xork is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrccs 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 Imes, regulations, nrlinamces, rules and requirements. Authodzxtion. All panics to this contract agree that the representatives are, in fat. bona ride and pns¢ss full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expresQy limits acceptance to the terms and conditions stated herein set forth and any supplementary or additional terms and conditions annexed herein or ineorpnnted herein by rcfcrctrce. Any additional or different teens and conditions Imposed by Idler am objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you canon make complete shipment to arrive on your premised delivery date as noted. Time is ofthe essence. Delivery and performance 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 provision. In the even, ofany delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option efplaing this order clscohcrc 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 withmn its fault of negligence, such acts of God. acts ofcivil or military authorities, governmental priorities rims, strikes, food, epidemics, ours or rims provided that notice of the conditions causing Inch delay is given to the Purchaser within Five (5) Jay., of the time when the Seller first received knowledge therenf. In the event of any such delay, the date of delivery shall he extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods. articles, materials and work covered by this order will conform with applicable drawings. specifications, samples cougar other descriptions given, will be fit for the purposes intended, and performed with the highest d tame of care and competence in accordance with accepted standards for work of a similar nature. The Seller afar 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 warranty. The Sella shall replace, repair or make good, without cost to the purchaser. any defects or faults arising within one (1) year or within such longer perieM of rinse as may be prescribed by law or by the terns of any applicable warranty, provided by the Seller after the date of acceptance of the good famished hereunder (acceptance not to be unreasonably delayed), resulting four imperfect or defective work done or materials famished by the Seller. Acceptance or use of goads by the Purchaser shall not constitute a searest ofany claim under this warranty. Except as otherwise provided in this purchase order, the Set lens Iiabil ity hereunder shall extend to all damages prximmely caused by the breach ofany of the foregoing warranties or guarantees but such liability shall in no event include loss of profits or loss of use. NO IMPLIED WA RRA NI OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANCES IN LEGAL TERMS, The Purchaser may make chances to legal terms by written change order. 5. CHANCES IN COMMERCIAL TERMS, The Purchaser may make any changes to the ,crake, other than legal marts, including additions to or deletions fmm the quantities originally ordered in the specifications or drawings, by verbal or urinen change order. If any such change affects the amount due or the time ofpafrrmance hereunder. an equitable adjustment shall be made. fi. TERMINATIONS. The Purchaser may at any time by wrincn change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work tar materials then in pmgmss 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 are the Sellers standard stock. No such termination shall relieve the Purchaser or the Seller ofany ofiber, obligations as In any good delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days fmm the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller aram, nts 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 Scllcr shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and regulations required to be mcorpomted in agreements of this character arc herby incorpnnmd herein by this mfcrencc. The Seller agars to melco ni fv and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9, ASSIGNMENT. Neither parry 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 Set let warrant, full, clear and unrestricted title to the Purchaser for all equipment, materials, and items Furnished in perfermnce 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 Purchaser and its contractors of any tier fmm all liability and claims of any nature resulting form 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, affectsand employees ofsuch party. The Seller's eormactual obligaioos, including warranty, shall not be dccmcd to he 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 hamlet, the Purchaser fmm 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 rasa 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 noninfringing equipment, or modify it so it becomes anninfringing. 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. I b. GOVERNING LAW. The definitions often ms axed or the interpretation ofthe agreement and the rights ofall parties hereunder shall be construed under and governed by the laws ofthc State of Colorado. USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder. including the services of Sellers Reprcsentative(s), on the premises ofnthers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Scllcr's own risk until the sure is fully completed and accepted, and shall. in ease of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, complete the mark at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are Gtmished by others for installation or creation by the Seller, the SCllcr shall receive, unload, store and handle same at the site and become responsible therefor as though such materials and/tar equipment were being furnished by the Seller tinder the order. I R. INSURANCE. The Scller .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 also carry comprehensive general liability including, but not limited to, contractual and aumnmbile public liability insurance with hodily injury and death limits of at least S100,1100 for any one person. S500.000 for any one a¢ident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors, if any, to provide for such eompenntion and insurance. Before any of the Sellers or his contractors employees shall do nny work upon the pmmias 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 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 tire entire responsibility and liability for any and all damage, loss or injury ofany kind or nature whatsoever to persons or property caused by or msulting from the execution of the work Provided for in this purchase orderrur in connection herewith. The Seller oil; indemnify and hold harmless 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 mason of any act, action, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or contractors affects, agents 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 by reaon of any act, action, neglect, omission or default of the Seller of any of his contractors or any of it or their officers. agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and to defend the same at the Scllcrs 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 Pu¢hnscr or any of its or their effects. agents or employees in such suits or other proceedings, and in case judgment or other lien be placed neon or obtained against the pmperty of the Purchaser, or said parties 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 bnnd or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all guards necessary for the prevention of accidents, comply with all Imes and regulations with regard to safety, including, brit without limitation. the Occupational Safety and Health Act of 1970 and all odes and regulations issued pursuant thcrcto. Revised 03/2010