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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9143404Fort Collins Date: 06/17/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143404 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 06/17/2014 Buyer: WILSON, JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price Bike Pads at MAX Stations 1 LOT LS 3,455.61 WO No. 1-VOG-4009031.20.90-14 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@fogov.com Total 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. COMMERCIAL DETAILS. Tax exemptions, By statute the City of Fort Collins is exempt from state and local taxes. Our Exemption Number is 98 04502, Federal Excise Tax Exemption Certificak or Registry 84 6000587 is registered with the Colleemr of Imemal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chaplet 39-26, 114 (a). Goods Rejected. GOODS REJECTED due m failure to meet specifications, either when shipped or due to defects of damage in transit, may be reamed to you for credit and are not to be replaced except upon receipt of written uronotmet, from the City or Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the part of the City of fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments must be p.O.B., Cory of Fort Collins, 700 Wood St, Fiat Collins, CO 90522, unless otherwiu specified on this oMer. if permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be acrectid, Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess fierght will be deducted from Invoice when shipments ere made from greater distance, Permits. Seller shall procure at sellers sole cost all necessary permit, cemninles and licenses required by all applicable laws, regulations, ordinances and moss of the state, municipality, temmry or political mbdwroon where the work is performed, or required by any other duly nominated public authority havinEymns ictims over the work of vend., Seller ibnher agrees to hold the City of Port Collins fimmless from and against all liability and loss incurred by them by reason of an mound or establish d violation of any such laws, regulations, ordinances, miss arregNremem, Authorization. All parties to this contract agree that the representatives am, in fact, bona Ede and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Premiums Order expressly limits acceptance to the terms and conditions stated herein set forth and any supplementury or additional tames and conditions annexed hereto or incorporated herein by rcfercnce. Any additional or different terms and conditions proposed by seller are objected to and hereby rdected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted. Time is of the comes. Delivery and performance most 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, stall operate as a wouat of this provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option applauding this order elsewhere and holding the Seller liable for damages. However, the Seller shall ant be liable for damages ma result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, Band, epidemics, wars or Hots provided that native aides conditions causing main 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 exceeded for the paned egml to the time acted ly lost by reason ofthe delay_ 3. WARRANTY. The Seller contains that 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 intended, 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 purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or make good, ,aboard cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be prescribed by law or by the terns of any applicable warranty provided by the Seller after me date of acceptance of the goods furbished hereunder (acceptance not to be unreamnably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not ondiNte a waiver of any claim under this warranty. Except as othewiss 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 lass 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 teats by written change order. 5. CHANGES IN COMMERCIAL TERMS. The P,sschaser may make any changes ra the terms, other th— legal termer, induction addilwms to or deletions from the quantities originally ordered in the specifications or drawings, by venial or written change order. If any such change aRCUn the amount due or the time ofperformance hereundc, an equitable adjutment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written charge order, terminate thin 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 or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmtits on the uncompleted portion ofthe goods carbon work, for incidental or oarrome nlial damages, and that no such adjustment be made in Germ of the Seller with respect to an, .ads which are the Sellers standard stock No such nomination shall relieve the Purchaser or the Seller apiary ohheo obligations as to any goods delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be assined within thirty (30) days from the date the change or mrminescon is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods 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 arch documents as may be required to effect or evidence compliance. All laws and regulations required to be incorporated in agreements of fhis dmmder are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold due Purchaser harmless from all costs and damages sufferd by the Purchaser as a result of the Seller, failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to became due hereunder without he prior written common of the other party. I O. TITLE. The Seller warrants full, clear and unrestricted tide to the Purchaser for all equipment, materials, and items fumkhd in performance of this agreement, five and clear of any and all liens, resirictiom, reservations, security interest encumbrances and claims of others. 11. NONWAIVER. Failure of the Purchaser to insist upon strict performance of me terms and conditions hereof, failure or delay 10 any .,his or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance offer payment for goods hereunder or approval ofthe design, shall not release the Seller of any of the warrntim or obligations of this purchase order and shall not be deemed a waiver of any right of the purchaser to insist upon strict performance hereof or any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmponed oral modification or rescission of this purchase oMer by the Purchaser operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from anfimen violations arc in fad Prime by the Purchaser. Theretofore forpodcause 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 suite antitrust laws for such overcharges relating to the particular goods or service purchased or acquired by the Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to carted nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller theard er indicates its inability or unwillingness to comply, the Purchaser 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 work. The Seller shall release the Purchaser and its contractors of any her from all liability and claims of any feature resulting from the performance ofsnch 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 Sellers retrenched obligations, including wananry, shall at be deemed to be reduced, at any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Wheneverthe Sell¢ is required to mso any design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchaser from any and at I claims for infringement by reason of the use of such Returned design, device, material or process in connection with the commit, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged 1. pay by reason of such infringement at any time during the prosecution or alter the completion of the work. In case said equipment, or any part thereof or the intended use of the goods, is in such suit held to constitute inlnfegement and the use of said equipment or pen 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 parts, replace tine same with substantially equal but comminuting equipment, or modify it so it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become insolvent or Innkmpt, make an assignment for the benefit of creAimrs, 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 ofterms used or interpretation ofthe agreement and the rights of all Parties hereunder shall be remained under and governed by the laws ofthe Stare of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Representative(s), on the premises inclines. 12. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Selieds own risk until the same is fully completed and accepted, and shall, in e of any accident, destruction or injury to the work and/or materials before Seller's ❑ml completion and acceptance, complete the work at Sellers, own expense and to the svaisfn ion of the Purchaser. When materials and equipment are famished by others for installation or erection by the Seller, the Seller shall receive, unload, store and handle same at the site and become responsible therefor as though such materials andtor equipment were being furnished by the Seller under the oMer. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including oceupvtionvl disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their depending, in accordance with the laws of the state in which the work is to be done. The Seller shall alto carry comprehensive general liability including, but not limited eo, commetual and automobile public liability insurance with bodily injury and doom limits of at least $300,000 for any one prison, $500,000 for any one accident and property damage limit per accident of 5400,000. The Seller shall likewise require his contractors, many, to provide for such compensation and insurance- Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall famish the Purchaser with a cenifieste that such compensation and insurance have been provided. Such eenifimtes shall specify me date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such cumpereacon and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the =mire ¢sponsibtl try and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or properly caused by or resulting Brim the execution of the work provided for in this purchase order or in connection herewith. The Seler will indemnify and hold harmless fine Purchaser and any ,r all of the Purchasers officer, 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 reason of any act, action, neglect, omission or default on the part of the Seller, any of his contractors, or any of the Sellers or contractors officers, agents of employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any dme on account or by reason of any act, action, neglect, omission or default of me Seller of any of his contractors or any of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume 'he defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, chagea, armmeys fees and ether 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 file property ofthe Purchaser, or said parties in of as a result of soh suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seiler and his contractors shall take all safety precautions, famish and install all guards necessary for the precaution of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Healm Act of 1920 and all mles and regulations issued pursuant thereto. Revised 032010