Loading...
HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9142312 (2)PO PURCHASE ORDER 914231 Number Page CI'hf of PURCHASE 9142312 t of z Flirt / OI I'ns This number must packing /�,,. "_`�,/`I ` V " 1 1 on all invoices, packing sli s and labels. Date: 07/14/2014 Vendor: 108423 Ship To: STREETS DEPARTMENT VOGEL CONCRETE INC CITY OF FORT COLLINS 6330 S COLLEGE AVE 625 NINTH STREET FORT COLLINS CO 80525 FORT COLLINS CO 80524 Delivery Date: 04/25/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 3 Change Order 1 1 LOT EA -177,350.54 Assignment of Contract a Change Order 1 1 LOT EA -813,021.55 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 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 so me, the City of Pon Collins is exempt from stare and local taxes. Our Exemption Number ex I L NON WAIVER. 98114502. Federal Excise Tax Exemption Cmifirme of Registry 84fi000587 is o gistefcd with the Collector of Failure of the Purchaser to insist upon strict Performance of the mrrm and conditions hereof, failure m delay to Internal Revenue, Dearer, Colorado (Ref. Colorado Revised Mutates 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein of by law, failure no promptly notify the Seller in ram cacnt of a broach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release file Seller of GootL Rejected. GOODS REJECTED due m failure do.,or specificad.res, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be returned to you for credit and are not to be replaced except no. rwcTI of written purchase, 1. insist upon smet performance hereof., any of its rights or remedies m to any such goods, regardless instructions from the City effort 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 hems Inspection. GOODS are mt rat In the City of Fort Collins irepec oar on wiwl. hereof. Final Acceptance. Receipt of the merchandise, ser equipment in Religiose m this order canresult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the For of the City of Foe Collins. Hoorah, it is to w understood thatFINAL Seller and the Purchaser fnognixe that in actual n tw practice, o ,,charges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable required iapeetion procedure as are in vidmioin fact From, by the Purehascr. Theretofore, famgood crow and as comidention for executing Reis purchase order, the Seller Mreby assigns m the Dominion any and all claims it may now have or hereaffer Freight Terms. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fun Collins, CO 80522, unless acquired uMn formal or state antitrust laws for such overcharges mismay to file particular good or services 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 most accompany invoice. Additional charges for Packing will nor be accepted 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Distance. Where manufacturers have distributing points in sommuct pans of the country, shipment is Drier Purchaser directs the Seller to Woman nonconforming or defective goods by a date to be agreed upon by the expected from she nearest distillation paint In destination, and excess freight will her deducted fmm Invoice when Purchaser and the Seller, and the Seller thereafter indicates its nobody in mwillingness to comply, the Purchaser shipments arc made from greaser distance may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all cos¢ enociared wish ouch work. Peanuts. Seller hall pacific at sellout sole cost all necessary pennies, ceniticams and licenses required by all applicable laws, regulations, ordinances and roles of the smote, municipality, territory or political subdivision where the work is perforated, or required by any other duly oonsOmmd public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins hamdess from and against all liability and loss incurred by them by reason of an asurred or established violation of any such laws ot,i dlca, ordinances, It, and crematorium. Amhoriveim. All panics on Nis contract agree pat the representatives are, in fact bona fide and possess full and mmpine authority to bind said parries. LIMITATION OF TERMS. This Purchase Out expressly limits acceptance 1. the rams and mMine. stared hems set forth and any supplementary or rotational ,ems and conditions annexed hcmo of incorporated herein by reference Any additional or different terms and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Tym armor make complete shipment to.rave on your pnumised delivery dam as nosed. Time is of the essence, ]),livery and performance must be etfec¢d within the rime slamd on life purchase order and the documents attached hereto. No it, of the Purebasers including wuhmn limitation, acceptance ofpadial late deliveries, shall .pane his a waiver of Nis provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of,dacing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not he liable for damages as a resole of delays due to causes not removably fnmseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts oflvll or military authorities, govemmenul prierices fires, seeker, Bead, epidemics, wars or noes provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of Rem time when the Seller first received knowledge there f. In me event of any such delay, the dam of delivery shall be extended for the Pound equal to me time actually lost by reason rffhe delay. 3. WARRANTY. The Seller w'errfants Real all goad, articles, materials and work covered by this order will conform with applicable drawings, specifications samples andor other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and corigni nee in accordance with accepted standards for work of a similar nature. The Seller agrees to hold floe purchaser harmlesa from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warrmny. The Seller shall replace, repair or make Sued, without rest to the purchaser, any defems or faults .wising within one (1) year or within such longer period of time as may be prescribed by law or by the terms orally applicable warranty provided by the Seller otter the date of acceptance of the good Pomished hereunder (acwptance not in be umeesonably delayed), resulting fmm imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goad by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as o[hensise provided in this purchase order, the Seller liabiliy hereunder shall extent to all dmages pmximmely caused by the breach of any of the foregoing wmrmtlies or guarantees, but such liability shall in no event include loss ofprofs or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TETRAS. The Purchaser may make changes to legal it. by wumen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal hems, including. additions to or deletions from the quart ces originally ordered in the speci lirmians err drawings, by verbal or wriven change order. If any such change nlfecs the cannot due or the rime of porfomu:mce fa mndcr an equitable adjustment vhall be made. fi. TERMINATIONS. The Purchaser may many time by writer change order, terminate this agree end as to any or all portions of the good then not shipped, subject to any equitable adjustment between the parties as to my work or materials men in progress provided Nat file Purchaser shall not he liable for any claims for anticipated pm0ts m the uncompleted portion of the good and/or work, for incidental or consequential damages, aM that no such adjustment be made in favor .(the Sell. with respecd to any grad which arc the Sellers standard stock. No such mrminadam shall relieve the Purchaser or the Seller of any, of their obligations as to any grad delivered heReuMar. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thiry, (30) days fmm file dam the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants Oral all goads sold hereunder shall have been produced, sold, delivered and famished in said 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 incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless fmm all cents and damages suffered by the Purchaser m a result of no Sellm f ilme 10 comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any mote. due or to become due hereuraker without me pdor wdncn... m the mab" party. 10. TITLE. The Seller warrants full, clear as unrestricted title to file Purchaser for all equipment, maerals, and items furnished in performance of this agreement, free and clear of any and all linos, restrictions, man-w liom, woudry iumfest encumbrances and claims ofo hers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting film the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of such parry. The Sellers contractual obligations, including wamnly, shall not h dnmed to be reduced, in any way, because such work is performed or caused to be pert ed by the Purchaser. 14. PATENTS. WTen.n the Scller is required. use any design, desire, material or prowess covered by liner parent ondcmak or copyright, the Seller shall indemnify and save hamtless the Purchaser from any and all claims for inGtmearim t by rearm of the use of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or oiler the completion of the work. In caw said equipment, or any pan thereof or the intended use of the goads, is in such .it held 10 consumte infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at Is option, either procure for the Purchaser the right to continue using said equipment or pans, replace the same with substantially equal but naninfringing equipment, or modify it so it becomes mainfringing. IS. INSOLVENCY. If the Seller shall become insolvent or bankrupt, nuke am assignment for me benefit of creditors, appoint a common or trustee for any of the Sellers property, or business, this order may forthwith be controlled by the Purchaser without liability. IE GOVERNING LAW. The definitions .fit. wed or he ihr equadmion oflhc agmcmem and the rights of all punier hereunder shall be conswed under and governed by file laws ofine 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 Representative(s), on the premises ifedwis. 17. SELLERS RESPONSIBILITY. The Seller shall tarty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in w of any accident, destruction or injury m the work and/or materials before Sellers Real completion and acceptance, complete me work at Sellers awn expense and to the satisfaction of the Purchaser. When reatenaB and equipment are furnished by others for installation or meridian by the Seller, file Seller shall receive, unload, store and handle same at me site and become responsible therefor m though such materials and/or equipment were being famished by the Seller ander the .Her 18. INSURANCE. The Seller shall, at his own muc use, provide for the payment of weaker, comPrommaon, including occupational disease benefits, to its employees employed on or in connection with the work coveted by this purchase order, anNor to their dependent in accordance with me laws of the state or which the work is to be done. The Seller shall am tarty comprehensive general liability including, but not limited to, contactual and automobile public liuhitity insurance with bodily injury and death limits of at least $300,000 for any one person, Stolidly, for any one accident and Fogerty damage limit per accident of 5400,000. The Seller shall likewise require his if any, In provide for such compensation and insurance, Before any of the Sellers or his contractors employees shall do any work upon the premises of other, the Seller shall Finish me Purchaser with a certificate that such compensation and insurance have been provided Such c nificams shall specify the date when such ompersation and insurance have been provided. Such endures shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until order Ree entire work is completed and recopied. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire respoaibiliy and liability for any and all damage, loss or injury of any kind or name, wfewaes'cr to pewm or pmpeny caused by or resulting from the execution offs, work provided for th this purchase order at in connection hcrew'im. The Seller will indemnify and bold harmless me Probes- and any r all of the Purchasers odic,,,, agents and employees focus and against any and rill claims, losses, damages, charges or expenses whether Rather of indirect, and whether to Peaons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Seller, any of his couturiers, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agr ns or employees at any time on account or by movies of any act, action, neglect, omission or default of the Seller of any of his contractors or any of its or their officers, agents or employees m aforesaid, the Seller hereby agrees to assume me defense thereof and in defend the ante at in, Sellers own expense, m Pay any and all costs, thing., mtumeys fees and other expenses, any and all judgments that may be caromed by or obtained against the Purchaser or any of its or their officers, agents or employees in such suns or ome, prweedirign, and in case judgment m in,, lien be placed upon or obtained against Nc property of the Purchaser, or aid ponies in or a a result of such suits or other proceedings. the S,lln will at ome cause the same 1. be duc olool and discharged by giving bond or otherwise. The Seller and his conduction shall take all safety precautions, furnish 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 Safely and Health Act of 1970 and all rules and regulations issued pursuant memo. Revised 03R010