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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 3214174 (2)Fort Collins Date: 04/10/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3214174 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/02/2014 Buyer: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price z Addendum to add additional funds City of Fort Collins Director of Purchasing and Risk Management This order is not valid over $5000 unless signed by Gerry S. Paul 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 LS 20,000.00 Total $20,000.00 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. COMMERCIALDEfA1IS. Tax exemptions. By statute the City of Fort Collins is exempt from state mad Ioaal taxes. Our Exemption Number is 98 04502. Faced Excise Tax Exemption Certificate of Registry 84-6000589 is mgistered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Raised Stories 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet most fortiori, either when shipped or due m defects of damage in mnsit, may be returned to you far credit and are not to W replaced except upon receipt of wdhen instructions from the City of Fort Collins. Itsspectiwn GOODS we subject do the City of Pon Collins inspection on normal. Final Arm panc'e. Receipt of tlrc merchandise, services or equipment in response to this order an result in authorized payment on the pan of the City of Fad Collins. However, it is m be maersrod Char FINAL ACCEPTANCE is dependent noun completion of all applicable required impaction procedures. Freight Terns. Shipments most be FOB., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless otherwise specified on this oNer. If permission is given to prepay freight and charge separately, the original fight bill most accompany involru. Additional chaga far acting will not be .coupled. Shipment Disrncc. Where manufacmrers have dirtlbming points in venous pans of the country, shipment is expected from the normal distribution From r dadnrion, and excess freight will be deducted from Invoice when shipments are made fro greater distance. Permits. Seller shall O.am r sellers sole cost all meeasary permits, cenifares and licerssa required by Al applium. laws, regain., ordinances and rules of the state, municipality, manrry or political subdivision where the work is Performed, or required by my other duly constimmd public authority havingjurisdichan over the work of vanda. Seller further agrees to hold the City of Toed Collins harmless from and against all liability and lass incurred by them by reason of as asserted or established violation of any such laws, regulmioms, ordinances, roles and requirements. Authorization. All parties to this contract agree that the representatives are, in fact bona fide and possess full and complete wthodry to bind said Portia. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance a the tame and conditions stated herein rat foM and any supplcmenmry to additional temp and conditions mmexal hereto or incorporated herein by referemc. Any addforal or different terms and conditions proposed by seller are objected do and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to arrive on your Promised delivery data as noted. Time is of the essence. Delivery and performance must be effected within the time Noted on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance cf pmiul late deliveries, shall operate as a waiver of this provision. In the even crony delay, the Purchaser ahall 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 fault of delays due to comas not reassembly foreseeable which are beyond in aftowble antral and without its fault of negligence, such acts of God, ads ofcivil or military aufontia, grvemmental primilim fires, bodies. food, epidemics, ass or rims provided that vorice of the conditions coming such delay is given in 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 annually lost by reason of the delay. 3. WARRANTY. The Seller warrants that ill goods, articles, mtenals and work covered by this order will confm with applicable drawings, specifications, samples and/or other descriptions given, will be fit for be purposes intended, and performed with the highest degree of care and components in accordance with accepted standard for work of a similar wtme. The Seller will to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account riffle Sellers breach of warranty. The Seller shall replace, repair or make good, without cost o the Purolator, my defects or faults arising within one (1) year or within such longer pedal of time as may be prescribed by law or by theems of as, applicable w.ty provided by the Seller ri ethe dare of acceptance of the goad fmuhed hereunin (acceptance rat to he unressombly delayed), resulting tram impatient or def rive work done or materials f phed by the Seller Acceptance or use of good by the Purchaser shall not constitute a waiver ofany claim under this warrmry. Except as otherwise provided in this purchase order, the Sellers liability hereuader shall extend to at damages proximately caused by the breach of any of the foregoing wamounts or guarantees, but such Iiabillry shall in no event include lass of prints or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE St ALL APPLY. 4. CHANGES M LEGAL TERMS. The Purchaser may make changes m legal lens by women change oNer. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the term, other ban legal terms, including w1blions to or deletions from be quantities onginally ordered in be s sacifiations or drawings, by veNal or written change under. If any such change alT is the amount due or the time ofpetfommce hereunder, an equitable ad ea tmenuhall 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 than not shipped, subject to any intuitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits ter the uncompleted portion of the goods mNor work, for incidental or coasequential damages, and that no such adjustment be made in favor of the Seller with farces to my good which art be Sellers standard stock. No such temai.tion shall relieve the parallactic in be Seller of any oftheir obligations as to my goods delivered hammer. 9. CLAIMS FOR ADRUSTMENT. Any claim for adjustment most be conceded within Nifty (30) days tram the date the change or termination 6 ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, said, delivered and famished in strict compliance with all applicable laws and regulations to which the good are subject. The Sella shall execute end deliver such documents as nary be required an effect or evidence compliance. All laws and regulations required to be, incorporated in agreements of this character are hereby incmpomted herein by this reference. The Seller agrees in indcmaily and hold the Purchaser harmless from all costs and damages suffered by the Purhnew as a result of be Sellers failure W comply with such law. 9. ASSIGNMENT. Neither Pan,, shall assign, handler, o Gamey this order, or any amnia due or to become due hereunder wiNoul the prior written consent of the other pony. 10. TITLE, The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, free and clear of my and all liens, ratrictions, reservations, seennty interest encumbrances and claim of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to any rights or remedies provided herein or by law, failure to pmtly notify the Seller in the event of a breach, mmp the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of my of the waranties or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist an strict performance haeofor any of its rights or remedies. to any such goods, regaNlas of when shipped, received or acepted, ss to any prior or subsequent default hereunder, nor shall any purpaned oral modification or rescission of this purchase order by be Purchaser operate as a waiver of any of the terms hcmof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Pumbaser recognize that in actual economic practice, eventualities ring from antitrust violations art in fact home by the Pumhasa. Theretofore nfor goad coax 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 acquired under federal or state antitrust laws for such overcharges minting to the pmicular goods or services purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser drivers the Seller to correm nonconforming or defective good by a date to be agreed upon by the Purchaser and the Sella, and the Sella thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to ho performed by the neat expeditious morn available to it, and the Seller shall pay all ands associated with such work. The Seller shall release the Purchaser road its contractors of any for from all liability and claims of any wage 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 m the dar,ams, officers and employees of such party. The Sellers continental obligations, including warranty, shall not be deemed in be reduced, in any way, because such work is performed or..d ago be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, der ice, mated.] or process coverts by letter, poor, tidemark copyright the Sella shall indemnify and eve hvmlaw the Purchaser been any aaN Al claims far 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 notion of such infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any Rat thereof or the intended use of the goads, is in such suit held to constitute infrngement 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 using said equipment or pans, replace the same with substantially equal but naminfringing equipment, or modify it so it becomes mniufriming. 15. INSOLVENCY. If the Seller shall become insolvent or brdkmpt, make an assignment fag the benefit of creditors, appoint a menciver or husrce for my of the Sellers property or bmhfevs, this order my forthwith be canceled by the Purchaser without liability. 16, GOVERNING LAW. The definitions ofterms used or the interpretation of the agreement and the rights of all parties hereunder shall b, combined under and governed by the laws of the State of Colorado. USA. The following Additional Conditions apply only in ruses where the Seller is to perform work hereunder, including the services of Sellers Represenmtimi O), on the premise of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sidles own risk and the same is flly completed and accepted, rand shall, in case of my accident destruction or injury to be work m llor materials btifore Sellers final completion and acceptance, complete the work at Sellds own expense and to the satisfaction of the Purchaser. When materials and equipment we famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same or the sin and become responsible theref r as though such marmots and/or equipment were being famished by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, provide far the payment of warkem compensation, including occupational disease benefits, to its employees employed on or in exmecdan with the ss'oh crucial by this purchase order, maker to their dependents in accordance with the laws of the some in which the work is in be dam. The Seller shall also airy cnutprobanowe gemaI liability .doting, but col limited to, ex macmal road automobile public liability insumnce with bodily injury and death limits of in least S300.00o for any one person, S500,00o for my ode accident and property damage limit per accident of S400,000. The Seller shall likewise require his contractors, if my, to provide for such compensation and iwumme. Before any of the Sellers or his contractors employees shall des my work upon be premises of others, be Seller shall famish the Purchaser with a ceedificre that such compensadm and insurance have been provided. Such ceaificres shall specify the date when such ompensatim and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire wok is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire fespowibiliry and liability for any and all damage, loss or injury of my kind r term wldm saver do persons or property anted by or resulting from die execution ofehe wink Provided for in this purchase order or in connection hemwith. The Seller will indemnify am hold harmless the Purchasec and any or all of the Pambasers 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 part of fle Seller, any of his contractors, or any of the Sellers or commuters nlfcas, agents or employees. In am any sail or other proceedings shall IN bought against the Purchaser, or its omcro, agents or employees or any time on account or by reason of any net, action, neglect, omission or default of be Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to aasume the defense thereof and to defend the same at be Sellers own expense, to pay my and all costs, charges, whormys fees and other expenses, my and all pollutants bar may be incurred by car obtained against the Purchaser or any of its o their oRcers, agents or employees in such wits o other proceedings, and in use judgment car other lint be placed upon or obtained against the property or the Purchaser, or said trcona in or as a result ofsuch suits or other proceedings, the Seller will at once come, the same 0 be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, fiunish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, and without limitation, the Occupational Safety and Health Act of 1970 and all rates and mgulations issued pursued flerem. Revised Wallin