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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9143578Fort Collins Date: 06/25/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143578 left 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 Pedestrian Plan 1 LOT LS 12,750.00 WO #03-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 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of Too Collins is exempt from scale and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04503. Federal Excise Tax Exemption Comificahi of Registry 84-600058I is remained with the Collector of Failure of the Puchaser to insist upon strict perwwwwv of the tern¢ and renditions isercof, failure or delay to Interval Revenue, Denver, Calmdo (Ref. Colorado Revised Softer 1973, Chapter 39-26,114 (a), coarrise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach the weem os a ofor paymmt for goods hereunder or approval of the design, shall at release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped or due to defects of am of the wamnties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in haait, may be terumed to you for credit and are not to be replaced except upon receipt of wantten purchaser m mast upon shin performance hereof or any of its rigs or remedies u an any such goods, regardless accountants from Ore Cry of Fan Collin. of when shipped, received or accepted, as m my prim or subsequent default hereunder, Our dull any puryoned oral machination or abscission of this pmeM1ue order by the Purchase opera¢ as a waiver of my of the terms Impection. GOODS art subject to the City of Tom Collins japection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response an this order an result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the Ciry of Fan Collins. However, it is to be understood that FINAL Seller and the Purchases recognize Out w acmzl economic powder, overcharges resulting f m annotho ACCEPTANCE is dependml upon completion of all applicable required inspection pmetduns. violations are in fact home by the Purchaser Thomann, for good muse and as consideration for executing this purchase other, the Seller hereby assign an the Purchaser any and ell claims it may prow have or hereafter Freight Terms. Shipments must be F.OTT, City of Fort Collins, 900 Wood St, Fort Collins, CO 80523, unless acquired made (Mend or state antitrust laws for such overcharges relating to the panwular goods or senices otherwise specified on this order. If permission is given m prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bill must pro moony invoice. Additional charges for Packing will not be acceand. Shipment Bounce. When posawfuramers have distributing phims in various pans Of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from lumber distance. Permits. Seller shall procure at sellers sole cost in etc story permits, reci fiesta and license, required by call applicable laws, regulations, ordinances and rules ofthe slate, municipality, territory or political subdivision where the work is performed, err required by any other duly mnstitured public authority hm'ingjnrisalwamn over the work of vendor. Seller further agrees m hold the City of For Collins harmless from and against all liability and loss anderred by them by reason of an asserted or established violation of any such laws, regulations, ordinances, rates requirements. Authorization. All panics to this contract agree that the representatives are, in fact, odna fide and possess full and Oarplete authority I. bind said panics. LIMITATION OF TERMS. This Purchase Order expressly loans s acceptance to the lens and conditions stated herein act forth and any supplementary or additional terms and conditions annexed hereto or incoryonmJ herein by inference. Any additional or different tuft and conditions proposed by seller are objvered to and hereby rejected. i. DELIVERY. PLEASE ADVISE PURCHASING AGENT immedwtely if you coma make complete shipment to major on your premised delivery date as noted. Time is of the essence. Delivery and performance ohm be eRecrM within the time stater on the purchase order and the disappoints htached hereto. No on. of the Purchasers including, without limjmtion, acceptance of partial late dclivedes, shall operate as a waive of Nis provision. In the ,at ofany delay, the Purchase shall have, in addition to other legal aM of rible remedies, the option ofpi.ci, this other elsewhere and holding the Seller liable for damages. However, the Seller shall not l e liable for damages as a result of delays due to auxs not reamoubly foreseeable which are beyond its ceasowble control and without its fault of negligence, such acts of GM, wU ofcivil or military authorities, govermanml prio nines, fires, strikes. flood, 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 ro bived knowledge thereof. In the event of my such delay, the date of delivery shin be exlmdM for the period cgml to thc time actually lost by reams of the delay. 3. WARRANTY. The Seller warrants that all goods, wirles, materials and work covered by this order will conform with applicable drawings, specifications, samples andor other descriptions given, will M fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a imllar nature. The Seller agrees to hold the purchaser M1amless from any loss, damage or expense which the Purchaser may supper or incur on azcount ofthe Sellers breach of warranty. The Seller shall replace, repair of make good, without cost to the purchaser, any defects or faults airing within one (1) year or within such longer per ost of time ss may be prescribed by law or by the rams ofany applicable warranty provided by the Seller after the date of acceptance or goods famished hereunder, (acceptance not be unreasonably delayed), resulting fro imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except u otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guonntees, 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 W LEGAL TERMS. The Purchaser may make changes to legal mans by widen change order. 5. CHANGES IN COMMERCIAL TERMS. no Pumhacer may make any changes to the room other than legal terns, including additions to or delotions from the quantiGw originally ordered jet the sperifinnions or drawings, by around or wdtren change order. If any such change affects the amount due or the time of pefomance hereunder, an emulsible adjustment shall be mule. 6. TERMINATIONS. The Puinhase may at any time by wdnm change order, remrinam this agreement ss to my or all Inc.. of the goods then not shipped, subject to my equitable adjustment betwem the ponies as to my work or materials then in progress provided tom the Purchaser shall ram M liable for my claims far micipmM Pmfts on no uncompleted portion of the goods odor work, for incidental or carsquenfial damages, and that no such aatjutment he made, in favor of the Seller with resistor to any goods which an, the Sellers statistical stock. No such termination shall relieve tie Purchaser or the Seller ofany of their rbligations u to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for u1jurment most be warned within thjm (30) days from the date the change or termination is ordered. I. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and handstand 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 rgfired to effect or evidence compliance. All laws and regulations required to be ncorponted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser hamless firm all toss and damages suffered by the Purchaser as a result of the Sellers failure to comply with such Inca. 9. ASSIGNMENT. Neither pang shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior wrinen consent ofthe other pany. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all omniscient, materials, and items furnished in performance of this agreement, five and clear of may and all liens, restrictions reservations, security interest encumbrance and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective goods by a date to In, agreed upon by the Pardwser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may cause the work to be Performed by toe 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 tier firm all liability rend claims of any whore resulting from the performance ofmch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the dirccr im. hi feers and employees ofanch pang. The Settees contractual obligations, including waranry, shall not be diamond to he reduced, in any way, because such work is performed or caused to be performed by the Purchase. 14. PAT'ENTS. Whenever the Seller is r quirts to use any design, device, material or process covered by ]ethic, patent, trademark or copyright, the Seller shall indemnify and save hvm]ess the PtucM1uer from any and all claims for infdngemem by reason of the use of such patemed design, device, matcrial or process in connection wit the cow=, and shall indemnify the Purchaser for any rest expense or damage which it may be obliged to pay by reason of such infringement at any time doing the prosecution or after the completion of the work. In ruse said quipment, or my pan thereof an the wtmded use of the goods, u w such suit held to constitute inGmgmand and the use of said quipmmnt or pan i jawed, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said quipmrnt or port, replace the same with substantially equal but nonannular, quipment, or modify it an it becomes nordnGngwg. 15. INSOLVENCY. If the Seller shall become imoh'ent or banAmpL rake an assignment for the bmefit of creditors, appoint a receiver or movie for any of the Sellers properly, an business, this order ray foMwith be canceled by the Purchaser without liability. 16. GOVERNING V.W. The def nitios, of temps used or the imerpramon argue agreement and the right ofall parties hereunder shall be command under and governed by the laws afthe Some of Colorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the servicesof Sellers Represenptivt{s), on thepremises o cubmi. IT. SELLERS RESPONSIBILITY. The Seller ahall may, oa said work at Seines own risk until the same is fully completed and accepted, and shall, Of any accident, destruction or injury to the work and/or materials before Seller's fowl completion and acu acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials and equipmem me 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 and/or quipment were being fumished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including Occupational disease ben um, to its employees employed on or in connection with the work coverts by this purchase other, and/or to their depeMenls in accordance with rise laws of the scale in which the work is an 1w done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability immune with bodily worry and death limits of err lest 5300.000 for any one person, 5500,000 for my e accident end property damage limit per accident of S400,001). The Seller shall likewise require his commission, if any, to provide for such oompewtion aM mourcur.. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall f ish the purchaser with a manificate that such compensation and insurance have been provided. Such cddficarea shall specify the date what such compeamaion arts insmvtce have been provided Such rertifimtes shall specify the date w'M1en such compersarion and iwmr4nce exports. no Seller agrees Berl such compensation and insurance shall be maintained own All the entire work is completed and acceprod. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES, The Seller hereby assume rise entire respmrzibiliry and liability for any and all damage, loss or injury army kind or auturc whosoever to persons or property caused by m moulting from the execution ofthe work parvwed for in this purchase order or in mumecion herewith. The Seller will indumrdN and hold harmless the Purchaser and any r all of the Purchasers officers, agents and rmployves farm and agoiut any and all claims, losses, damages, charges or expenses, whether direct or wdired, and whether to person or ancient, to which the Purchaser may br put or subject by reason of my act, nation, neglect, omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or compactors officers, agents in employees. In came any suit or other proceedings shall be brought against the Purchaser, or its officers, agent or employees m my time on accrual or by reason of any act, action, neglect, omission or default of the Seller of my of his contractors or my of its or their officers, agents or employees in aforesaid, the Seller hereby agrees to assume the defense thereof and to defend no same at the Sellers awn expense, to pay any and all costs, dwrges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained againt the Purchaser or any of its or their officers, agents or employees in such suits or other proceedings, and in eau judgment or other lien be placed upon or applied against the property of the Purchaser, or said panics in or as a result of such suits ar other parse aftegs, the Seller will at once cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precautions, famish and install all gum 1, necessary for the prevention of accidens, comply with all laws and regulmioms with regard to safety including, but without limiration, the Occupational Safety and Health Act of 1970 and all rates and regulations issued pursuannhereto. Revised (UnOTO