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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9144835Fort Collins Date: 08/20/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9144835 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: 08/20/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price Pedestrain Planning 1 LOT LS 9,500.00 WO #05400903700-14 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.wrn Total $9,500.00 Pay terms net 30 days 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 Fort Collins is exempt how sure and local axes. Our Exemption Number is 11. NONWAIVER. 98-04502, Federal Excise Tax Exemption Craning, of Registry 84-6001 is registered with the Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver Culoado (Ref. Colorado Revised Scem. 1973, Chapter 39-26, 114 (a), exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the evert of a breach, the acceptance of or payment for goods hereunder or approval of the design, shall not release the Seller of Goods Rumored. GOODS REJECTED doe 1. failure to meet speci0ea ern. either when shipped or due to defects of may of the warmnties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may Be resumed to you for credit and art not to be replaced except upon receipt of women purchaser to insist upon strict perfomtaott hereof or any of its rights or remedies as to any such goods, regardless woura coons from the City of Tom Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shoR any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection, GOODS are subject o the City of Fan Collins inspection on neat. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of Tot Collins. However, it is to be understood that FINAL Seller and the PureM1uer recognize that is antral economic practice, overcharges resulting form antitrust ACCEPTANCE is dependent upon completion.fall applicable required inspection procedures. violations me in fort hme oby the purchaser. Theremfom, for good cause and as consideafion far to ecoung this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hemmer Freight To.. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St., Fort Collins, CO 80522, unless acquired under federal w sun, on ivmt twos for such overcharges relining 1a the particular goods or moires whereas, specified on this order. If p-nission h given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant a this purchase arm. bill must accompany invoice. Additional charges for Woking will act be accepted. 13. PURCHASERS PERFORMANCE SELLERS OBLIGATIONS. Shipment Distance. Where manufamums have distributing points in various pans of the couarry, shipment n owner pure Pureand directs the Seller m lerrm nonconforming m defective goods by a elan to be agreed upon by the expected from the nearest distribution point N destination, and excess frtigM will be dducted from Invoice when Purchaser and the Seller, and Be Sellerthereafterindicates its inability or unwillingness m comply, the Purchaser shipments are made from greater distance. may cause Be work m hepert eel byy the moll expeditious means available re it, and the Seller shall pay all vests associated with such woA_ Permits. Seller shall procure at sellers sole cost all necessary permits, ttnifiwtes and licenses required by all applicable laws, regulations, ordinances and roles of the sure, municipality, memory or Political subdivision where the work is Performed, or required by any other duly terminated Public similarity having juririerion mar the work of vendor. Seller fonder agreo to hold the City of Fort Collins hamdws from end against ell liability mad loss incurred by them by reumn of an acsened or established violation of any such laws, regulations, orimnces, rules real rryuiremems. Authoritarian. All parties to this contact agree that the representatives are, in fact, bona ride, and possess full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance m the mane end conditions surd herein set Earth and any supplementary or additional rings and con liaions annexed hereto or incorporated herein by reference. Any additional or different from and conditions proposed by seller arc obj,c,,d to and hereby rq,ctd. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immdimely ifyou cannot make complete shipment to arrive oa your promised delivery date m noted. Time is of the essence. Delivery end performance most be effected within fie time stated on the purchase color mad the documents attached hereto. No acts of the Purchasers including, without Intuition, acceptance of panid late deliveries, shall operate as a waiver of this provision. In the extra ofany delay, the Purchaser shall have, in addition to other legal and equitable renmdies, the option of placing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not be, liable for damages as a result of delays due to causes not reasonably foreseeable which art beyond its reasonable control and without its fault of negligence, such acts of God, aces of civil or at litary radiators. governmental priorities, fires, strikes, flood, epidemics, wars or hots 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 period .at to the time actual ly lost by .,an of the delay. 3. WARRANTY. The Seller warrens that all goods, articles, materials and work covered by this order will confama with applicable drawings, specifications, samples robot other descriptions given, will be lit 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 harndess from any lass, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. Ile Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults wising within one (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the 6 re of acceptance of the goods famished hereunder (xceptam e, not to be unreasonably delayed), resulting from imperfect or defective work done or materials furnished by the Seller. Acceptance or use of goads by the Perthuer shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wattmeter or guarantees, but such liability shall in no event include Ives of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SIIALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal moms by written change order. S. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the menu, ether than legal ,emu, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or women change order. If any such change affeces the amount due or Ne time of performance hereunder, for equitable adjustment shall be made. 6. TERMMATIONS. The Purchaser may at any time by wrinen change aide, terminus, Nis.,name.' m to any or all portions of me goad ten not shipped, subject o any equitable adjustment between the Emim as to any work or mmmals then in progress provided Not the Purchaer shall rot be liable for any claims for anticipated profits no the uncompleted Portion of the good and/or work. for incidental or consequential damages, and that no such adlustmeit be made in favor of the Seller with nepoe, many goods which me to Sell— standard track. No such twornation shall relive the pro mar or the Seller army eftheir obligations as to my good delivered hereunder. 2. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is oolered. 8. COMPLIANCE WITH LAW. The Seller.. tat all goods sold hereunder shall have been prnduced, sold, delivered and burnished in strict compliance with all applicable lass ad regulations to which the goods art subject. The Seller shall execute and deliver such documents m may be required to effect m evidence compliance. All laws and regulations required m be ncoryoated in agreements of this character art hereby incmpommd herein by this reference. The Seller agrees to indemnify and hold the purchaser hamlet from all cots and damages suffered by the Purchaser as a result of the Sell— failure to comply with such law. 9. ASSIGNMENT. Neither Pei shall assign, omtsfca or convey this order, or any monies due or m become due hereunder without the prior written content of the other party. 10. TITLE. The Seller warrants full, clear and mun strimed tide wthe Purchaser for ell equipment, materials, and items famished or permanence of this agreement, free and clear of any and all hem, ramie weer, necrvmiona, aecurity, imereat encumbmne and claims cfedins. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any more resulting from the performance ofsuch work. This releoe shall apply wen in the event of fault of negligence of the Parry released and shall extend m the direTom, olficess and employees of such party. The Seller's contractual obligations, including wareanry, shall rml ho doomed to be reduced, in any way, became such work is perfamad or wusd to be performed by the Purchaser. 14, PATENTS. Whenever he Seller is required to use any design, device, marina) or process covered by let,,, parent, trademark copyoShi, the Seger than indemnify and save hmmless the Proclaim, from any and all claims for infdngemm e by reamn of the use of such patented design, device, ..,coat or process In connection with the cmilem. and shall indemnify the Purchaser for any over, expense or damage which it may be obliged to pay by reason of such inGngement at any time during the pmsecu0on or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to constitute infringement and the use of said equipment or pat is enjoined, the Seller shall, at its own expense and at its option, either Tracer for the Purchaser the right to continue ming said equipment or parts, replace the more with substantially equal bar naninfringing equipment, or modify it m it becomes noninGanging. 15. INSOLVENCY. If the Seller shall become resolve. or bankrupt, make an assignment far the benelir of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liabliry. 16. GOVERNING LAW. The definitions of terms used or the interpretation c fthe agreement and the rights of all parties hereunder shall be construed under and govemed by the laws of the State of Culmodo, USA. The following Additional Conditions apply only in where the Seller is to perfecto work hereunder. f including the services oSellers Representative(s), on theses premises ofothem. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is fully completed and accepted, and shall, in se of any accident, destruction or injury to the work and/or materials before Seller's Orel completion and acceptance, complete the work at Sellers own expena and to the satisfaction of the Purchaser. When rmtrno6 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 Uerefor as tough such materials umber equipment were being Contained by the Seller under the order. 18. U SURANCE. The Seller shall, at his own expense. provide for Be payment of work— compenwtion, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, amber to their dependents in accordance with the laws of the state in which the work u to be dune. The Seller shall also carry comprehensive general liability including, but not limited to, contactual and automobile public liability insurance with bodily injury and deaf limits of at town S304000 for any one pecan, S500,000 for any oneaccident aad property damage limit per accident of S40R0dff The Seller shall likewise require his contractors, if any, or provide for such compensation and insurance. Before my of the Sellers or has contattors employees shall do any work upon to premises of oilers, the Seller shall famish the Purchsstt with a certificate that such compensation and assurance have been provided. Such cer ificaa shall specify the date when such compensation and insurance have been provided- Such certificates shall specify fire date when such compensation and insurance expires. The Seller motes that such compensation 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 entire responsibility and liability fro any and all damage, loss or injury ofmy kind or whom whascesxr of persons or property caused by or resulting from the execution of the, work provided for in this purchase order or in cormeetwo herewith. The Seller will indemnify and hold hamdess the Purchaser and any or all of the Purchasers officers, agents and employees from ford against any and all claims, losses, damages, charges or expenses, whether direr sir indirect, and whole, to peaom or property to which dhe Purchaser may ho pm or subject by ream. of any act, salon, neglen, omission or debut, on Be pan of the Seller, any of his contractors, or any of the Sell— or contru+ors oRem, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, me its efficient, agents or employees a1 any time - account or by reason of any act, action, neglect omission or default of no Seller of any of his contactors or any of its or their oRem, agents or employees as aforesaid, me Seller hereby agrees to assume me defense Netter and m defend the same. the Sell— own expense, to pay any aad all costs, charges, attorneys fees and orer expenses, any find all judgments that may be incurred by or obtained against to Purchaser or any of its or their if is-, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtaind.gains, the property ofthe Purchaser, or said p wims in or as a nsuLL ofsuch suits or other proceedings, Be Seller will an Dore cause the same m be dissolved and discharged by giving bond or otherive. The Seller and his contractors shall film all safety promotions, famish and install all guard necessary for the prevention of accidents, comply wit all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulations issued porsuant thereto. Revised 07I3014