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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 3214174 (3)Fort Collins Date: 09/16/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3214174 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 09/16/2014 ' Buver: PAT JOHNSON Note: THIS PURCHASE ORDER IS FOR THE PROCUREMENT OF GOODS AND/OR SERVICES, AS NEEDED DURING THE CURRENT CALENDAR YEAR. DOLLAR AMOUNTS SPECIFIED ARE ESTIMATES AND NOT A PROMISE TO PURCHASE ANY MINIMUM AMOUNT OF SUCH GOODS AND/OR SERVICES. Line Description Quantity UOM Unit Price Extended Ordered Price a Addendum to add additional funds per req 48082 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 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 L COMMERCIALDEfAILS. Tax exemptions. By matem the City of Fon Collins is exempt from state and local taxes. Our Exemption Number is 98-61502. Federal Excise Tax Exemption Cmificate of Registry 84-6000589 is registered with the Collector of Interval Revenue, Deaver, Colorado (Ref. Colorado Raised Sutures 1973, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure m meet spmifications, either when shipped or due to defects of damage in brown, may be retumd to you for credo and are nut to be replaced except upon receipt of wrium isonse ons from the City of Fon Collins. Inspection. GOODS are subject to the City of Fon Collins inspection on arrival. Final Arcepance. Receipt of the merchandise, services or equipment in resporse m this maker can result to authorized payment on the pan of the City of Fon Collins. However. it is to be understood that FINAL ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. Freight Terms. Shipments mans be F.O.B.. City of Fon Collins, 700 Wood St., Fon Collins, CO 80522, unless otherwise, specified on Nis order. If,mat ssum is given or prepay brain and charge scpamtely, the critical freight bill must accompany imroice. Additioml charges for Backing will not be, accaptd. Shipment Distance. Where manufacture have danibuting points in vanom pus of the country, shipment is expected from the t¢anst distribution point to de, icetion and excess freight will be deducted from Invoice whom shipments are made from grater distance. Permits. Seller shall procure at sellers sole cart all necessary permit, cenifcates and licem. mammal by all applicble laws, regulations, ordicuncs, and roles of the sum, municipality, terlmry or political subdivision where the work is performed, or required by any other duly cmmtitutd public authority having juridimion ma the work of vendor. Seller Potter agrees to hold the City of Fon Collins hamlets from and against all liability and loss neurrd by them by crown of a asserted or establishd violation of any such laws, regulatiors, ordinances, sales and requirements. Auforvztion. All parties m his contract agree that the representatives eR, in fat, bare fide and posses full and aorice authority to bind said panics. e LIMITATION OF TERMS. This Purchase Order expressly limits ccc,,. to the a. ad conditions staid herein set fort and any supplementary or additional terms and conditions annexd hereto or incorporated herein by reference. Any additimal or different it. and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery dam as noted Time is of the essence. Delivery and performance must ha effected within the time stand on the purchase order and the documents attached hermo. No acts of the Purchase including, without limitation, acceptance ofproad late deliveries, shall mcram as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other Icgal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Stile, shall not be liable for damages . a result nfileluys due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ufnegligence, such new of God, ats ofivol or military authorities, gmemm final priorities, fires, strikes, food, epidemics, wars or nor, pmvided that notice of the conditions causing such delay is given ,, the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. In the event of any such delay, the doe of delivery shall be extended for the period equal ro the rime actually lost by reason of the delay. 3. WARRANTY. The Seller ..in, that all goods, articles, rinaidals and work covered by this uNer will confirm with applicable drawings, specifications, samples and/or other divinpiona given, will be to for the purposes intended, and performed with the highest degree of care and competence in acco dance with accepted standards for work of a 'miler nature. The Seller agrees m hold the parchawr hamdess from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of wammly. The Seller shall replace, repair ar make good, without cost to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as maybe presented by law or by the terns army applicable wnrrnmy provided by the Seller after the date of acceptance of the goods burnished hereunder (acceptance not to be unreasonably delayed), resulting fmm im,mfi t or defective work done or materials Famished by the Seller, Acceptance or use of goods by the Pumb nor shall not mnslimm a waiver of any claim under this warranty. Except as itimmise pmvided in this purchase order, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing wanurams or gura antees, but such liability shall in no r tarr include loss of prefix or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal morns by writ nchange order 5. CHANGES IN COMMERCIAL TERMS. The purchaser may make any changes to the team, other than legal mrtm, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal or written chant, order. If any such change affects the amount due or the time ofperfermance hereunder, an equitable entrustment shall he made. 6. TERMINATIONS. The Purchaser may an any time by women change order, terminate this agreement as to any or all poniors of the goods fen not shipped, subject to any equitable adjustment between the parties as to any work or mmcrials then in PmSoes, Posvided that the Purchaser shall net be, liable for any claims for anticipated profns on the uncompind portion of the goods a dsor work, for incidental or conequemial damages, and that no such djmam rat be crude in favor of the Seller with respect to any goods which ere the Sellers standard stock. No such nomination shall reline the Purchaser or the Seller of any ofdmir obligations as to any goods delivered hemunder. 2. CLAIMS FOR ADJUSTMENT. Any claim fee adjusinrcm must ta, asserted within thirty (30) days from the dam the change we mrmivatimn is oakned. 8. COMPLIANCE WITH LAW. The Seller warrants Out all goods sold hereunder shall have been produced, sold delivered and fumishd in strict compliance with all applicable laws and regulations to which the goods am subject. The Seller shall execute and deliver such documents as may be required to effect in evidence compliance. All laws and regulations required to IN incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs ad damages suffered by the purchases as a result of the Sellers failure to comply wif such law. 9. ASSIGNMENT. Neither play shall assign, ..,far, or convey this order, or any ..at. due m to biome due hereunder without the prior women content of the other party. 10. TITLE. The Seller warants full, clear and unrefirro u d title to the Purchaser for all equipment, materials, and items Furnisher] in perform a of this agreement, free and clear of any and all liens, restrictions, mailemions, security human commbmncs and claims ofoferx. 11. NON WAVER. Failure of the Purchaser to insist upon strict performance of the terrm and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event auto breach the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Seller of any of the warranties or obligations of this purchase order and shall not b, deemed a waiver of any right of the purchaser to insist upon storm prfournme, hereof or any of its rights or c medics as to my such goods, regardless of when shipped, received or accepted, as to any prior or subsequent default hemudeq nor shall any purposed m1 modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the earn hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize Nat in annul a is practice, overcharge r.uIn., from anlihmt violations are in fact home by the Purchaser. Theretofore forgood more and as consideration for executing this purchase order, she Seller hereby assigns m the Poomhaser any and all claims it may gave have or hereafter acquired under federal or state antitrssst laws for such overalm m relating to the particular good or se'ical, purchased or acquired by the producer pursmant to this Ovarems, mda, 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If due Purchaser dir rs the Seller b correct nonconforming or defective goods by a date to be agreed upon by flue Purchaser, urid the Selleq and the Seller thereafter infests Is inability or unwillingness or comply. the Purchaser may cause the works to b, persuaded by the most expeditious cream available to it, ad fe Seller shall pay all cram acsonmd wif such work. The Seller shall teleme the Purchaser ad its contractors of any tier from all liability and claims of any nature resulting fmm the pM tmance ofsuch wok. This mlease shall apply a,. in the rent of fault of negligence of the Party released and shall extend to the directors, once and employees ofsuch parry. The Settees commctual obligation, including warranty, shall not b, deemd in be rducd, in any way, became such work is performed or anted to be performed by flue Includes. 14. PATENTS. Whenever the Seller is required to use any design, device, material or process covered by liner, patent, trademark or copyright, the Seller shall indemnify and love haomleas the Puahazer form any and at I claims for infringement by remon of Ne use of such patented design, device, mammal or process in connection with the contract, and shall indemnify the Purchaser rot any cost, expense or damage which it may be obliged to pay by yawn of such infringement at any time during the prosecution or after the completion of Ne work. In case said equipment, or any pan thereof or the intended use of the goods, is in such suit held to consume infringement and the me of said equipment or pan is enjoined, me Seller shall, at its own expense and at its option, either procure for the Purchaser Ne right to continue sing said yulpmes, or pans, replace the same with substantially equal but nonlnfdnging equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seiler shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a meriver or wstee for any of the Sellers property or business, this order may forthwith be canceled by the Purehaser without liability_ 16. GOVERNING LAW. The definilinns ofterm, used or the interpretation ofha agreement and the rights of all parties hereunder shall be corsuued under and govemed by the laws of the State of Colorado, USA. The follawing Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Reprise miive(e), on thep ionses ofmhers. 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 e of any seridenq destruction or injury to the work and/or materials before Sellers final completion and cceptance, complete the work at Sellers own expense and m the saisfaction of the Purchaser. When materials and equipment are fumished by others for installation or erecting by the Seller the Seller shall receive, walked. stare and handle same at the site and become re ,musuble tharefr as though such materials andor equipment acre being fumishd by due Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with due laws of the state in which the work is to be done. The Seller shall also cart, comprehensive general liability including, but not limited hs, contmctcal and automobile public liability insurance with bodily injury and death limits of an leaf S300,000 far any one person. S5W jIM for any one accident and property damage limit per accident of 5400,t100. The Seller shall likewise require his contractors, Harry, to provide for such compensation ad insurance. Before any of the Sells or his contractors employees shall do any work upon the premises of others, the Seller shall fumish the Purchmerwith a certificate that such compntsatinn and insurance have been pmvided. Such aenificatm, shall specify tlm dam when such compensation and insurance have bran pmvided. Such ceifcates shall specify the doe whims such compensation ad insurance expires. The Seller agrees that such compensation ad imumace shall be, maintained until after the entire work is completed and ampted 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby—unoes the entire —plausibility and liability for any and all damage, lass or injury of any kid or wont wbmsoever to persors or p,mor caused by or resulting fmm the execution of the work Provided for in this purchase maker or to momentum herewith. The Seller will idemnify and hold harmless the Purehmer ad any r all of the Purchasers officers, agents ad employees from ad it roul any and all claims, loss., damages, charges or expenses, whether direct or indiraL and whether to perwns or property to which the Purchmer may be put or subject by mason of any act action, neglect. omission or default on de pan of me Seller, any of his commucan, or any of the Sellers or contractors officers, agents or employees In cat soy suit or other proceedings shall ber brought against the Purchmer, or its mfiicers, al or employees many time on account or by mown of any rem, action, neglect, omission or default of the Seller of any of his contractors or vary of its or their officers, agents or employees as aforesaid the Seller hereby agrees to assume the defense therm( and to defend the same at the Sellers own expense, to pay any and all cents, charges, i moneys fees and other expenses, any ad all judgments that may be inclined by or obtained against the Purchaser or any of its or their once, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the pmpeny of the Purchaser, or said panics in or. a It of such suits or uNer moldings, the Seller will at once cause the same to In dissolved and discharged by giving bond or ofenvise. The Seller and his contractors shall take all safety precautions, Ramada and instil all guard nec.vry 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 rates and regulations issued pursuant thereto. Revised 072014