Loading...
HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9143403Fort Collins Date: 06/17/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143403 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 06/17/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Prospect Ramps/Laurel Curbs Per W01-VOG-4009032.40.90-14 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.mm 1 LOT LS Total Invoice Address: 10,337.11 $10,337.11 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By statue the City of Tom Collins is exempt from state and local axes. Our Exemption Number is 11. NON WAIVER. 98 W 502. Federal Excise Tax Exemption Certificate of Registry 84 6000589 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the tenor and conditions hereof, failure or delay In Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, CMptcr 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure an promptly notify the Sella in the event To breach, the acceptance of or payment for goods hereunder or 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 defects of any of the waremies or Obligations c this purchase order and shall not be deemed n waiver of any right of the damage in transit, may be resumed to you far credit and art not to be replaced except upon receipt of written purchaser to insist upon inner performance hereofor any of its rights or remedies as W any ... It goods, regardless inmuctions from the City of Too Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral medifirrem. or rescission of this purchase order by the Purchaser operate as a waiver of any of the rem¢ Iosparion. GOODS are subject to the City of Fort Collins impaction on mtival. hereof. Final Acceptance. Receipt of the merchandise, smices or equipment in response to this order <aa result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Pon Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual announce practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion of ell applicable required inspection praedures. violations arc in fact tame by the Purchase, Theretofore, for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Pumhmer any and all claims it may now have or hcrea@r Freight Terms. Shipments mint be F.O.B., City of Too Collins, 900 Wood St, Too Collins, CO 80522. unless acquired under federal or mate antitrust laws for such recreant relating to the panimlar 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 Prichasn pursuant to this purchase order. bill mint accompany invoice. Additioal charges for packing will cat be acerptrd. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have diobrm, points in various pans of the country, shipment is tribe Pardoner directs the Seller to comet nonconforming or defective goods by a date to be agreed upon by the expected from the interest distribution point to destination, and excess freight will be deducted from Invoice when Purthaaer and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser shipments are made form greater distance. may cause the work 10 be performed by the most expeditious mean available to it, and the Seiler shall pay all costs associated with inch work. Prmars. Sella shall Finance at sellers sole cost all necessary pearmis, certificates and formes required by all applicable laws, regulariom, ordinances wad roles of the start, municipality, teritory or political subdivision where the work is Performed, or acquired by any other duly comtimed public authority having jurisdiction over the work of vendor. Sella further agrees to hold the Cry of Fiat Collins harmless from and against all liability end loss incurred by them by ceamn of an caned or established violation ofany such laws, regulations, oNimmers, rules and requirements. AuNorizatiort All panic m this computer agree that the representatives art, in fact, born fide and possess Ihll and complete authority to bird said panics. LIMITATION OF TERMS. This Purchase Order carat limits acceptance to the terms and conditions stated herein set fob and any supplementary or additional temes and mnditiom annexed hereto or incorporated herein by reference. Any additional or different names and conditions proposed by seller art abjected to and beat rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou ammt make complete shipment ro arrive on your promised delivery date as noted. Time is of the menec. Delivery and performance most be effected within the time stared tar the purchase order and the documents mtachcd heeto. No acts of the Purchasers including, without limitation, acceptance of partial late delivene,, shall operate as a waiver of this provision. In the event ofany delay, the Foreknow shall have, in addition to other legal and equitable mnedics, the option of placing this order elsewhere and holding the Seller liable for dannest However, the Seller shall trot be liable far damages was a result of delays due to causes not rearoably foreseeable which art beyond its reasonable combat and without its fault of negligence such acts of Ged, acts of civil or military authorities, gcommunist priorities, fires, strikes, Good, 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 thaecf. In the event of any such delay, the dam of delivery shall he extended far the Famed equal to the time actually lot by ramp of the delay. 3. WARRANTY. The Seller warrants lifer all goods, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes amended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. The Seller agrees to hold the unichrs, harmless from any loss, damage or cxpenu which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without cost to the purchaser, any defects or faults mining within one (1) year or within such longer period of time as may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or mmeials famished by the Seller. Acceptance or use of paste, by the Purchaser shall nor constitute a waiver ofany claim under this warranty. 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 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 Icgal terms by wriaeo change cNa. 5. CHANGES IN COMMERCIAL TERMS. The Pumbaer cony make any changes m the moons, other than legal enm, including addition, to nr deletions front the quantities originally ordered in the specifications or drawings, by verbal or written change order. 11any such change offer,, the amount due or the time of performance hereunder, an equitable adjustment that I 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 stripped, subject to any equitable adjustment between the parties as to any work or materials then in prom s provided that the Purchaser shall not be liable for any claims for mticipated profess on the uncompleted portion of the goads 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 crony of their obligations in to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be normal within thirty (30) days fmm the date the change or arm morn is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all games sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver such documents as may be required to effect or evidence compliance All laws and regulations required to be ncorpomed in agreements of this character art hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a null of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall osum, "after, or convey this order, or any monies due or m become due hereunder without the prior wiam consent ofthe other pury. 10. TITLE. The Seller warrants full, clear anal urucstricted title to the Purchaser for all equipment, mmerialb, and items furnished in Performance of this agreement, free and clam of any and all liens, msoictlons reservations, security interest encumbrances and claims produces. The Sella shall relmse the Furchnsa and its cotmacrors of any her from all liability and claims of any nature resulting from the performance of such work. This release shall apply even in the mint of fault of negligence of the party released anal shall emend to the dimcrors, aRcers and employees ofta ch pray. The Seller's contractual obligations, including woreanry, shall not be doomed to be reduced, in any way, because such weak u performed or roused to be, performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use any design, deice, mnterid or process covered by timer, Foam,, andmad: r copyright, the Sella shall indemnify ram save harmless the Purchaser from any and all claims for micrograms by rain. of the use of such patented design, desire, mmerial or pmmss in maectim with the co must, and shall indemnify the Purchaser for any cat, expense or damage which it may he obliged to pay by moon of such infringement in any time during rate praeeution or alter the completion of the work. In case said equipment, or any pan thereof or the amended use of the grads. is in such suit held to coorimte inGngement and the use of said equipment or For is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purcbow the right to continue using said equipment or pans, replace the same with substantially aqua but noninfrm, ing equipment, or modify it so it becomes mvinGnging. IS. INSOLVENCY. If the Seller shall become insolvent or l a rompr, make an osigmnent for due benefit of aediters, appoint a or tmsree far any of the Sellers property or business, this order may foMwith b, canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions ofnems used or the hmmpreadon ofthe agreement and the rights ofail panic brreunder shall be conspuued under and governed by the laws of the Sate of Colorado, USA. The fallowing Additional Conditions apply only in roes where the Seller is in perform work Remember, including the services of sellers Represenmevo(s). on the premises of others. Il. SELLERS RESPONSIBILITY. The Seller shall carry on said isvrk at Seller's owns risk until the same is Polly completed and accepted, and shall, in u of any accident, destruction or injury in the work and/or materials before Seller's final completion and weptance, complete the work at Seller's awn expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation ar erection by the Seller, the Seller shall receive, unload ,rare and handle same at the site end become responsible therefor as though such ..coal, mall., equipment were being dominated by the Seller under the order. 18. INSURANCE. 'I he 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 sate in which the work is to be done. The Sella shall also carry comprehensive general liability including. but not limited to, commensal and mummobile public liability insurance with bodily injury and death limits 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 Sellers or his contactors employees shall do any work upon the premises of others, the Seller shall famish the runabout with a minficam that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance have been provided Such certificates shall specify the date when such compensation mid insurance expires. The Seller agrees that arch compensation and insurance shall be maintained not,] after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nasuma the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to Persons or property caused by or resulting from fire execution of the work provided for in this purchase order of in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Purcbaers officers, agents and employees fmm and against any and all clams, lases, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on life pan of the Seller, any of his antmcturs, or any of the Sellers or mranco,s officers, .gems or employes. In ane any suit or order proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on account or by reason of bay act, action, neglect. omission or default of the Seller of my of his contractors or my of its or their officers, agents ar employees as aforesaid, the Seller hereby agrees to assume the defense thereof and m defend the some at the Sellers own expense, to pay any and all costs, charges, attorneys fees aM other expenses, any and all judgments that may 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 property of the Purchoa, or said parties in or as a result of such suits or other proceedings, the Seller will at once erase the same to be dissolved and do chmged by giving band cr otherwise. The Sella aM his contactors shall take all safety precautions, human and ima11 all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limiation, the Occupational Safety, and Health Act or 1970 and all roles aM regulations issued pursuant marina. Revised 032010