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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9143480of Fort Collins Date: 06/19/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143480 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DIVISION CITY OF FORT COLLINS 281 N COLLEGE AVE FORT COLLINS CO 80521 Delivery Date: 06119/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Pedestrian Planning 1 LOT LS 10,500.00 WO #02-VOG-400903700-14 it P14 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.wrn 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. COh1MERCIALDETAILS. Tax exemptions. By stamen the City of Fort Collins is exempt from state and heal nixes. Our Exemption Number is 11. NONWAIVER. 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 teetts and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 DJ exercise any rights m remedies provided herein or by low, failure to promptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval ofNe design, shall me release the Seller of Goods Rejec d. GOODS REJECTED due to failum to meet specifiammu. either when shipped or due to defects of any of the wamnties or obligations of this purchase order and shall not be deemed a waiver of any eight of the damage in wasait, may la, eelumed to you far coedit and are not m be replaced except upon receipt of women purchaser a. most upon inner pert ance hereof or any of its rights or remedies as many such Ranks, regardless instructions firm the City of Fort Collins. of when shipped, received or accepted, as m any prior or subsequenl default h ftbd a, nor, shall any purported oral modification or rescission of this parch..e order by the Purchaser unman, as a waiver of any of the terms Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. he mof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order an molt in 12. ASSIGNMENT OF ANTITRUST CLAIMS. suffer and paymart oa the an of the City of Fort Collins. However, it is to Is, understood that FINAL Seller and the Purchaser meognae Oat in actual economic practice, overcharges resulting from antitmst ACCEPTANCE u denendem upon complHim of all applicable required inspection pose dmea. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration far executing this purchase order, the Seller hereby assign, to the Purchaser any and all claims it may now have or Inscriber Freight Terms. Shipments must be F.O.B., City of Fort Collins, m0 Wood St, Fort Collins, CO 80522, unless acquired under federal or sale antiwst laws for such overcharges relating to the particular goods or services otherwise specified oa this order. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by flue Purchaser pursuant o this purchase order. bill must accommanv invoice. Additional chances for asking will not be accepted. Shipment Distance. Where manufacturers have dominating points in various pans of the country, shipment is expected from the nearest distribution paint to destination, and excess freight will be deducted from Invoice when shipments are mode from greater distance. Petits. Seller shall procure ar sellers sole cast all necessary permits, certificates and licenses required by sell applicable laws, regulations, ordinances and rates of the sure, municipality, territory or political su alivision where the work is perforated, or required by any older duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collins ham less firm and against all liability and loss incurred by them by reason of an nssmed or established violation of any such laws, regulations, ordinances, rates and raldonotn6. Authorisation. All panics to this contract agree Nat Me representatives me, in fuel, bom fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conflicts sniff herein set both and any implemenmry or additional to. and conditions amrexd herem or imentporamd heroin by reference. Any additional or dilicrem tams and conditions proposed by seller are objected m and hereby rtjared. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you caning make complete shipment to arrive on your promised delivery date as nmed. Time is of the mmxam. Delivery and performance most be effected within the time staled on the purchase order aM the documents agandd hereto. No acts of rise Purchpers including, without Beginning. acceptance i f Wnaxl Ice deliveries, shall operate as a waiver of this provision. In the esent army delay, the Purchaser shall have, in addition to after legal and crumble remedies, the option ofplacing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable fur damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts offhand, acts ofcivil or military authorities, governmental priorities, Ores, strikes, Bred, 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 far the pored equal ro the time mandly lost by ream. ofthe delay. 3. WARRANTY, The Seller warranty that all good, rubrics, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will be fit fur the purposes intended, and perfumed with the highest degree of care and competence w accordance with accepted standards far work of a mils nature. The Seller agrees to hold the purchaser branches form any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wammty. The Seller shall replace, repair or make good, without cost to the purchaser, any defcts or faults arising within one (1) year or within such longer period of time as maybe prescribed by law or by the teens of my applicable waremly provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not m h unreasonably delayed), resulting from imperfect or defective work done or materials Banished by the Seller. Acceptance or me of goods by the Purchases shall not onstiture a waiver of my claim under this warranty. Except as omerwlse provided in this purchase order, the Sellers liability hen,urder shall extend to all damages proximately caused by the bench of any of the foregoing warronlies or guarioness, but such liability shall in no event include lass of profits or loss of see. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. C CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by women change order S. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the rants, other than legal teens, including additions to or deletions from the quantities giginally dandruff in the specifications or drawings, by verbal or written change ogler, if any such change dTecb the omount due or the time ofperfomance heremdeq an amarble adjustment shall be made. 6. TERMINATIONS. The Purchaser may al any time by ..to. change aide,, remimate this agreement as to any or all pooi.na of the good then not shipped, subject to any enuitable adjustment between the parties as m coy work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated pmfits on the uncomplctff Portion of the goads and/or work, for incidental or consequential damages, and that no such ndjustmentt be made in f ver of the Seller with respect to any goods which are the Sellers standard stock. No such winnowing shall relieve the Purchaser or the Seller of any of their obligations ts to any good delivered hereunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for udjtsmsm must be isened .,,bar Barry (30) days from the date the change .r urommumn is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in since compliance wit all applicable laws and regulations to which the good arc subject. The Seller shall execute ad deliver such documents as my be received to effect or evidence compliance. All for; and regulations required to be corpamted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indenmify and hold the Purchaser harmless form all costs and damages suffered by Nc Purchaser as a result of the Sellers failure to empty with such law. 9. ASSIGNMENT. Neither parry shall align, oam(er, or comfy this order, or any monies due or to become due hcreuMer without the prior wi nrn cement of Be other parry. 10. TITLE. The Seller warrmf full, clear and commuted title to the Pmchaer for all equipment, naarcrids, and it. fmnif od n perfomance of this agreement, free and clear of any ad all lams, raseicuons, re 1iom, sauriry farerest encumbrances and claims of iturms. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to correct nonconfaming or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter 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 extracted ed with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any mturc resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the parry ¢leased and shall extend to the direcmrs, officers and employees c rsuch pang. The Sellers contactual obligations, including warranty, shall nor to, deemed to he reduced. in any way, because such work is performed or auttd to be perfumed by the Purchaser. 14. PATENTS. W i emever the Seller u requamil m use any design, device, material or process covered by lever, parent, aademark or copyright, the Seller shall iMenmify and save heirless the Puchaer from any and all claims for infringement by mason of the use of such patented design. device. mammal or process an counted. with the .. and shall indemnify the Purchaser for any ever, expense or damage which it may the obliged to pay by reason of such infringement at any time during the pmseculion or site, the completion of the work. In case said x uipmmt, m any pan thereof or the intended use of the good, is in such suit held to constitute inGngement and the rue of said ryuipment ar pan is joined, me Seller shall, at its own expense and at its option, either prmure for the Purchaser, the right an continue using said equipment or pans, replace Ore same with substantially e9cut but noninfringing yuipm.q or modify it an it becomes nonirdinging. 15.MSOLVENCY. If the Seller shall became insolvent or hadript, make m assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers Tragedy or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the inawForlmion of the agreement and the rights of all ponies hereunder shall be constmed under and governed by the laws of the 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 Reprw enutive(s), on the premises of others. ❑. SELLERS RESPONSIBILITY. The Seller shall carry oa said work at Sellers own risk until the mire is fully completed and accepted, and shai in case of any accident, destruction or injury to the work aMtor materials before Sellers final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment arc fimishd by offers for installation or erection by the Seller, the Seller shall recent, unload store and handle same at the site add become responsible therefor as though such materials andtor aluipmrnt were ping Banished by the Seller under the order. IS. MSURANCE. The Seller shall, at his own expense, Provide for the payment of workers compensation, including oceupauoml disease benefits, to its employees employed on or in connection with the work covered by this purchase, order, adbr to fluor dependents in accordance with the loss of the was in which the week is m be dove. The Seller shall also carry comprehensive general liability including. but not limited in, contractual and automobile public liability occurrence with bodily army and death limits of or leer S300,000 for any one Person, S500,00ry for any one accident and property damage limit per accident of S400,O00. The Seller shall likewise require his contmctem. if any, to provide for such compensation and announce. BRure any of the Sellers or his eommcmrs employees shall do my work upon the premises of others, the Seller shall furnish the Purchmtt with a ca nifiam mat such cnmpenation and insurance have been provide. Such cenificaes shall specify the date when such compensation and instance have been provided. Such ttni0ams shall specify the dale when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be mrsommud until after me entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liabil iry far any and all damage, loss or injury crony kind or nature whmsoner to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hairless the Purchaser and any r all of the Purchasers oRcers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or Jumpers, 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 my of the Sellers or contractors olfiars, agents or employees. In case my suit or other proceedings shall be brought against the Pitchman, or its officers. agents or employees at my time an account or by ncaw r of any act, action, neglect, omission or default of the Seller of my of his Increasing, or any of its or meir oRcers, agents ar employees as of said, Ore Seller hereby agrees to assume the defense therms end to defend the mire at the Sellers on eagems, to pay any and all costa, charges, agameys fees and 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, ad in use judgment or other lam be placed upon or obtained against the pmperry scribe Purchaser, or said panics in or as a result of such was or other proceedings, the Seller will at once cause the same ro the, dissolved and discharged by giving bond or otherwise. The Seller and his comracwes shall take all safety maintaining, famish aM install all guard necessary for the prevention of accidents, comply with all laws and regulation with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 ael all rules and regulations issued pursuanl thereto. Revised (tannin