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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9143577Fort Collins Date: 06/25/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143577 loft 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: 06/25/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price I Pedestrian Plan WO 904-VOG-400903700-14 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.com 1 LOT LS 40,000.00 Total $40,000.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Tetras and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort w exempt Bum some and local taxes. Our Exemption Numhe, is 11. NONWAWER. 98-0a502. porters] Excise Tax Exemption Comficza of Registry 84-60013587 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or Delay in line.[ Revenue, Denser, Colorado (Ref. Colorado Revised Stammi 1973. Chapter 39-26. 114 pid exercise any rights or remedies provided herein or by law, failure,. pmr-pfy notify the Seller in the event of. breach, the acceptance of or Payment for goods hereunder or marvel of the design, shall not release the Seller or Goods Rejected. GOODS REJECTED due to failure to meet specifiwtiom, either when shipped or due to defecs of any of the warranties or obligations of this purchase order and shall nor be deemnd a waiver of any tight of the damage in ua.it, may be rearmed to you for credit and art not to but replaced except upon recelp of written Purchaser to insist upon strict performance hereofor any of its rights or remedies a to any such goods, regardless instructions from the City of Fort Collins. .. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purported oral modification or rescission of this Purchase order by the Purchaser operate as a waiver of any of the rams Inspection GOODS are subject to the City of Fort Collins inspection on arrival. hector. Poor Accrpmme. Receipt of the memM1aMise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment oa the pan of the Ciry of Fort Collins. However, it is to be understood that FINAL Seller and the Pmcbaser recognize that in actual , re is practice, ovechnges resulting farm emotions, cedus. ACCEPTANCE, is dependent upon completion of all applicable required inspection procedures. Ardifi or, are in fact home by the Pumhas,. Therelofote, fair good cause oral as consideration for executing Jos pmchae order, the Seller hereby assigns to the Purchaser any aral It claims it may now have or hereafter Freight Tears. Shipments mnst be F.O.B., City of Fort Collins, Win Wood St. Fall Collins, CO 80522. unless acquired under federal or some antitruq lass for such overcharges retain, 1. the particular good or services m1crwise specified on this Order.IfF,rmission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this putenax, order. bill must accompany invoice. Additional charges for packing will tot he accepted. SELLERS OBLIGATIONS. I J.PURCHASERSSeller Shipment rommeemariat manufacturers hovedisution.nglexcesn various; peas the wmiry,voicew n WPERFORMANCE er to beagteedupon bythe Irmapurchaserdirecs theSellereramnectronernfonminBor defective expecaJ from the nearest distribution palm 10 destinmion, and excess freight will be deducted farm Invoice when de or undsbYedme and inability or ila auto comply, the Purchaser Purchaser and the Seller, end the Sellery shipmens are made farm greaardismnce. the i re,pe idis le Usg,, may rouse the work m performed by the most expedilioa means mailable 1. it and the Sell, shall Pay all sbe,uch ox; axxmria,ea with torn A. Permits. Sell, shall procure of sellers sale cost toll necessary permis, certificates and lieenses rtquiml all w ordinances and toles of the smog municipality, a political subdivision where applicable saes, rrmed, The Sell, shall release the and is commdors of any tior !ram all liability and claims Of any mturt the work is performed, or requital by any other duly authority ha over the won r re public easfirian ce of such resulting farm the performance of such work. Pa. Collinsyd inaingjunsdift im of vendor, Shc, fuller agrees to hold the City of Fan Coharmless farm and against all liabiliry and loss them by teamassnrd s of an , or established violation of any such lass, regulmns io, .rdimnces, toles This release shall apply even in the event of fault of negligence of the pony releasW and shots caand 1. the =it"by and requiremens. directors, oRcers and employees afsucM1 parry. Authorization. All panics to this rent. agrer them the oTasenmlives me, in fact, born fide and possess fall end The Sellefs communed obligations, including warranty, shall not br dermN W be reduced, in my way, breams, complete authority to bind said partiew such weak is performed or caused,. be performed by the Purchos,. LIMITATION OF TERMS This Parlene Order expressly limits acceptance to the terms and conditions stated herein set fond and any supplementary or additional tams and conditions annexed berem or incorporated herein by reference. Any additional or different rams and conditions proposed by sell, art objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make A m icle shipment to arrive on your promised delivery date as noted. Time is of the comer. Delivery and Performance must be erected within the time stated oa the purchase order and the documents attached hotel.. No cols of the Prichme , including, with., limitation, acceptance of imial late delnenrs, shall operate as a waiver orthis provision. In the event army delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this .nler elsewhere and holding the Seller liable for damages. However, the Seller shall not be, liable for damages as a result of delays due m causes a., reasonably foreseeable which arc beyond its reasonable waver and without its f ult of negligence, such acts of God, acts of civil or military authoriliew govemmenml priorities, fires, strikes. Hand, epidemics, wars or rick Provided thin notice of file conditions causing such delay is given to the Purchaer within five (5) days with, time when the Seller Ent received knowledge thereof. In the event of any such delay, the date of delivery shall be extended far the period ryuai m the If., actually lost by reason of he delay. 3. WARRANTY. The Seller waooms that all goods, articles, mmenzls and work covered by this aide, will c.nfrm all applicable drawings, specifications, samples and/, ,her dowriplions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted smndud for work of a similar nature. The Seller agrees to hold the purchaser humdess from any loss, damage or expense which the Purchaser may super or incur on toward of the Sellers breach of waromey. The Seller shall replace, repair or make goad, without cost n the purchaser, any defects or faults arising within one (1) year or within such longer period of time ns may be prescribed by law or by the terms of any applicable warranty provided by the Seller after the dam of acceptance of the goods famished hereunder (acceptance not to be unreasonably daloyNL noodling from imperfect or defective work done or mammals Famished by the Seller. Acceptance or use of goods by the Purchaser short na, onstina a waiver of any claim under this warranty. Except in otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach citing of the foregoing warranties or guarantees, but such liability shall in no event include less of prnlits or lass of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. q. CHANGES IN LEGAL TERMS. The Purchaser may make changes 10 legal toms by Urine. change order. S. CHANGES IN COMMERCIAL TERMS. The Purchasermay make any changes m the arms, other than legal tams, including adi itioa 10 or deletions from me quantities originally occurred in me specification; or drawings, by ventral or written change order, If any such change aRecs the amount due or the ,into of parfomunce hereunder, as equitable adjaomen, shall he made. 6. TERMINATIONS. The Purchaser may at any time by virmain change order, terminate this agreement in to any or all Panama a! the goad than no, shipped, subject 1. any equitable adjustment between the panics m 1. any work or mmenals then in Progress provided that the Purchaser shall tot be liable for any claims for anticipated ponfis on the uncompleted portion of the good and/or won, far incWenfal or consequential darmtges, and that m such adjustment h made in favor of the Sella with aspect to any good which s ,the Sellers ach dmi stork. No such rem ration sholl ¢sieve the Purchaser ar the Sell, of any i fibeir obligations a 1. any good delivered hereunder. y. CLAIMS FOR ADJUSTMENT. A, claim her edj.t mat be asserted within thirty (30) days farm rla date the change or lanniwti u, is ordered 8. COMPLIANCE WITH LAW. The Seller warrants that all goad sold h,reond,r shall have been produced, sold, delivered and f tilted in strict compliance with all applicable laws and regulations to which the goad . subject The Seller shall execute and deliver such documms as may be, required to effect or evidence compliance. All laws and regulations required to be nrotpormed in agreements of this character are hereby incoryomted herein by this referenee. The Seller agrees in indemnify and hold the Purchaser harmless from all casts and damages suffered by the Purchaser as a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, bansfer, or convey this order, or my monies due or to become due hereunder without the prior whom consent afthe other parry. 10. TITLE. The Seller .1, full, dear and unrestricted lisle to the Purchaser for all equipment, rwt,ias, and items finished in performance of this agreement, free and clear of my and all liens, manctiors, reservations, secunry interest encumbrances and claims of.tha.. Ia. PATENTS. Whenever the Seller is required in use any design, device, material or process covered by labor, patent, trademark in copyright, the Seller shall indemnify and save harmlrss the Purchaser mass any mJ all claims for 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 cost expense or damage which it may be, obliged to pay by reason ofsuch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the amended Use of the goods, is In such suit held to constitute infringement and the use of said a impmem or part is enjoined, the Seller shall, at its own expense and at its option, either procure far the Purchaser the right to continue using said equipment or parts, replace the same with subslmfially equal but na dminging equipment, or modify it se, it breomrs noninGnging. 15ANSOLVENCY. If the Seller shall become insolvent or ba in upt made an assignmem for the benefit of creditors, appal., a rcan or imatee for y of the Sellers progeny or business, this order may forthwith be canceled by the Pu haser without liability. 16. GOVERNING LAW. The detionians of Isms Used or the intemretmion of the agreement and the rights of all parties hereunder shall be construed undo and gnvemild by the laws m the Stale of CnlU.d., USA. The fallowing Additional Conditions apply only in where the Seller is to perform work hereunder, including the services of Sellers Represcnutive(s), on thecases premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work a, Sellefs own risk until the same is fully completed and accepted, and shall. in see of any accident, destruction or injury to the work and/or materials before Sellefs final completion and acceptance, complete line wan at Sellefs own expense and to the satisfaction of the Purchaser. When ,aerials and equipment are famished by others for instillation 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 and/or equipment some being (mashed by the Seller under the oodar. 18, INSURANCE. The Seller shall, i t his own expense, provide for the payment of workers compensation, including occupational disease benefits, m its ,mployces employed on or in connection with the weds covered by this purchase order, anNor to their dependents in accordance with the laws of the state in which the work is to be, done. The Seiler shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of m town S3ngnn0 no any one person, sma.IXln for any one accident and property damage limit per accident of Siff". Ile Seller shall likewise require his contractors, if any, to provide for such compeareastion and insurance. Before any of the Sella or his omrxl.rs employees shall do any won upon the premiss of others, the Seller shall famish the Purchaser with a certificate Out such wmpearmon and imumnm have been provided. Such cenificaas shall specify the date when such omp,sanon and irsutance have been p.tied. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such mmpeaumim and insumae shall be amounted until after the entire won is completed and accepled. 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respoaibiliry oral liabiliry for any and rill damage, Ins or injury ofmy kind r nacre whatsoever to persons or pmperryausem caused by or resulting frothe execution oftllc work provided for in or purchase error or in com,tio t berexith. The Setter will indemnify and hold harmless the Purchaser and any r all of the purchasers office, agents and employees farm word against any and all claims, losses, damages, charges or expenses, whether direct or indirect and whether m person or property to which the PureM1aser may be put or silliest by rearm of any act, action, neglect, omission or default oa the pan of Jr, Seller, mY of his co muteq or my of the Sellers or contractors officers, agents in employees. In ease any suit or other proceedings shall be, brought against the Purchaser, or is oBicars, agents or employees m my time oa accomt or by mason of my art, action, naglad omission or default of rho Seller of any of his contractors re any of is or thew mDicen. agents or employees as aforesaid, the Seller hereby agrees to assume the defense Reactor and to defend the same at the Sellers own expense, to pay any and all rests, changes, i n rmeyx fees mJ other expenses, any and all judgments ,bat may be inwrred by or obtained against the purchaser or my 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 ofthe Purchaser, or said patties in or as a result of smh suits or other proceedings, the Seller will at once cause the same to be dissolved anal discharged by giving bond or otherwise. The Seller and his contractors shall rake all safety precautions, famish and install all guard necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all aches and regulations issued pursumt thereto. Revised 03/2010