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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9146534Fort Collins Date: 1110712014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9146534 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: 11/06/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Pedestrian Planning WO #06-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 7,500.00 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 I. C0MMERCDU.DEfA1LS. Tax exemptions. By statute the City of Tom Collim is exempt from slate and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502 Federal Excise Tax Exemption Certificate of Registry 84-6000582 is registered with the Collector of Failure of the Purchaser to moist upon swim performance of the terms and conditions hereof, failure or delay to Inmmal Revenue, Denver, Colonist. (Ref. Calcium Revised Statutes 1923, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failme to promptly notify the Seller m the event of s breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, 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 resumed to you for credit and are not to be replaced except upon receipt of wimen Purchaser to insist upon strict performance hereafor any of its rights or remedies as to any such goods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any purpawd and modification of resiasmn of this purchase order by the Purchaser operate az a waiver of any of the terms Inspection. GOODS are subject to the City ofFort Collins impaction on arival, Farrar. Final Aceepkance. Receipt of pre merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment m the pan of the City of Fort Collins. Hossevm, it is to be understand that FINAL Seller and the Purchase( recognize that in actual eeommic practice, overcharges resulting fmm antirust ACCEPTANCE is dependent upon completion ofall applicable re,aired impaction procedure, violations are in fact borne by the Purchaser. Thcremfore, for good cares and as mmidemtion for executng this purchase order, the Seller hereby resign, to the Purchaser my and all claims it may now have or hereaner Freight Terms. Shipments must be FOB., Ciry of Fort Collins, 200 Wood St, Pan Collins, CO 80522, unless acquired under federal or state act., laws for such overcharges relating to the particular good or services otherwise specified on this ode,. If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bits must accompany invoice. Additional charges for packing will not be accepted. 13. PURCI IAS ERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Dlstmce. Where munuPocwrers have distributing points in ns pans of the country, shipment is tribe Purchaser directs the Seller to cortem nonconforming or defective good by a date to be agreed upon by the expected from the nearest distribution Point to destination, and excess freight will be deducted from Invoice when Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness no comply, the Purchaser shipments are made from greater dlwme. may caux the work to be performed by the most expeditions means available to it, and the Seller stall Pay all costs rawaim al with such work. Permits. Seller shall procure at sellers sole cast all necessary, permits, certificates and licenses requital by all applicable laws, regulations, ordinances and Hiles of the stare, municipality, territory of political subdivision where the work is performed, or required by any other duly constituted public authority havingjunsdimion over the work of vendor. Seller further agrees to hold the City of Fort Collim hmmlcss fmm and against all liability and loss incurred by them by reason of an mned or established violation of any such laws, regulations, ordinances, rates arequirements. Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said panda. LIMITATION OF TERMS, This Purchase Oder expressly limits acceptance to the terms and conditions stated herein set forth and my supplementary or addimacd terms and conditions annexed loom or incorporated herein by reference. Any additiawl or dilirwat team and covdo.. proposed by seller are objected m and hereby rejecked. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment a arrive an your Promised delivery date as noted. Time is of the essmce. Delivery and performance must be efi ted within the time stated on the purchase order and the documents attached M1eem. No acts of the Purchasers including• without limitation, acceptance of putrid late deliveries, shall operate as a waiver of this provision. In the event of any delay, ,he Purchow, shall have, is addition to robe, legal and equitable remedies, the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall nut be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without in fault of negligence, such arts of God, turn of civil or military autfienties, govermnenul priorities, fires, strikes, flood, W idemia, wan or Hors provided that notice of the conditions causing such delay is given to the Pumhasm within five (5) days of the time when the Seller fast received knowledge thereof In the Dent of arty such delay, the date of delivery shall be extent d for the period equal to the time actually lost by reason ofthe delay. 3. WARRANT'. The Seller wormnks that all good, articles, materials and work covered by this order will conform with applicable drawings, spxifirerims, samples and/or other descriptions given, will be fit 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 harmless from any loss, damage or expense which the Purchaser may suRer err incur on account of the Sellers breach of wamanty. The Seller shall replace, repair or make good, wabout cost In 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 uma.ferny applicable warrantyprovided by the Seller after the date of acceptance of the goad famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or nationals functional by the Seller. Acceptance or use of good by the Purchaser shall not onsulate a waiver of my claim under this warranty. Except as otherwise provided in this purehau order, the Sellers liability hereunder shall extend m all da w ri poccmmely comed by the breach of any of khr foregoing warranties or gnaranter,, but such liability shall an no event metude has of pmfta or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes W legal firms by wrinm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the arcs, other than legal terms, including additions to or deletions from the quantities originally ordered in the spreifi atiom or drawings, by verbal or written change order. If any such change affects the amount due or the time of wrformance hereunder, an equitable adjomm rid shall be made. 6. TERMINATIONS. The Pumhmer may a, any time by written change order, ".I." this agreement as to any or it portions of me gods then not shipped, subject to any equitable adjustment between the panties as to my work or materials then Or progress provided that the Purchaser shall not be liable for any deimx for anticipated Prof. on the uncompleted portion of the goods anNor work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with respect to any goods which are the Sellers sin lad stock. No such termination shall relieve the Purchaser or the Seller of my of their obligations as to any goods delivered hareseder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be warned within thirty (30) days from the date the change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrom that all goads sold hereunder shall have been produced, sold, delivered and fumishod in strict compliance with all applicable laws and regulations to which the goods me staki The Seller shall execute and deliver such documents as may be required to effect or evidence compliance. All laws and mplatiom required in be incorpomred in agreements of this character are hereby incopomted herein by this reference. The Seller agrees to indemnify and hold the Purchmer harmless from ell rests and damages suffered by the Purchaser m a result of the Sellers failme to comply with such law. 9. ASSIGNMENT. Neither party shall assign, minister, or convey this order, or any monies due or to become due hereunder without the Prior written consent ofthe after party. Io. TITLE. The Seller wareanks full, clear and meesnieted fide to the Purchaser for all equipment, materials, and items fifire hest in pechmarance of this agreement, free and clear of my and all liens, restrictions, reservations, security interest encumbrances and claims of others. The Seller shall release the Pmchmer and its contractors of my tier from all liability and claims of any whom resulting fmm the pert nice of such work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors, officers and employees of such parry. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is pert med or caused to be performed by the Purchmar. 14. PATENTS. Whenever the Seller is required to we any design, device, material or process covered by saner, parent, trademark copyright. the Seller Shan indemnify and sove hour leas the Parohaser, fmm any and all claims for infringement by reason of the use of such patented design, device, material or process in connection writ the contract, and shall indemnify the Purchaser for any cost, expense or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or shirr the completion of the work. In e•se said equipment, or any pan thereof or the intended sett of the good, is in such Suit held to ruminate infringemmt and the sett of said equipment or pan is enjoined, the Seller shall, at its awn expmae and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with substantially equal but noninfringing equipment, or modify it so it became noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or benkmpt, make an assijouramt for the benefit of creditors, appoint a couriver or m trtee for my of the Sellers property or business, this miler may foMwith be canceled by the Purchaser widnin liability. 16. GOVERNING LAW. The defnirions of tc. used or the interprewtion of the agreement and the rights of all panic hereunder shall be consnued under and governed by rise laws of the State of Colomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Sellers Represenutive(s), on the premises ofothers. ❑. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Polly compleol and accepted, and shall, in use of any accident, detraction or injury to the work and/or materials bet Sellers final inmpletion and acceptance, complete the work at Sellers own expense and to life satisfaction of the Purchasm. When mmerials and equipment are famished Iry others for installation or He. by the Seller, the Seller shall receive, urdwd, stare and handle some at the sire and become mpomible therefor m though such metmels and/or equipment were being famished by the Seller ander the order. 19. 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 dr ordenta in accordance with the laws of the sure in which the work is to be done. The Seller shall also carry comprehensive general liability including, but not limited to, contractual and automobile public haialiy insurance with Wily injury and death limits of W leant 5300,00(i for any one moron S500,00p for any me accident and property damage limit per accident of 5400,000. The Seller shall likewise ne mre his contract, if any, an provide for such confirmation and inrvrancc Before any of the Sellers or his commetors employees shall do my wark upon the premises of others, the Seller shad Burnish the Purchaser with a certificate that such compenxstion not assurance lave been provided Such cenifemew stall specify the date when such compensation and insurance base been provided. Such certificates shall specify the date when such compemutim and insurance expires. The Seller agrees that such compenwticn and manowc, shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assures the entire responsibility and liability for any and all damage, lass or injury of any kind or nature whatsoever to Persons or pmpeny caused by or resulting from the execution of khe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any Or all of dre Forehasers offices, agents and employees from and against my and all claims, lasses, damages, charge or, expenses, whether direct or indirect, and whether as persons or propmy b which the Dominate, may be par or subject by reason of any an, action, neglect, omission or default on the, Ism of the Sever, my of his contractors, err any of the Sellers or comrmors alfcen, agents or employees. In ease my suit or other proceedings shall be bought against the Pumbeser, or its officers, agents or employees LI any time on account or by reason of any sm, action, region, omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees m aforesaid, the Seller hereby agrees m assume the defense thereof and to defend the same to the Seller awn expense, an pay any and all ants, charges, anomeys fees and other expenses, any and all judgmenta that may be incurred by or obtained against the Purchaser or any 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 of the Purchaser, or said ponies to or as a result of such sots or other proceedings, the Seller will at once came the same to be dissolved and discharged by giving band or otherwise. The Seller and his contractors shall poke all safety precautions, famish and install all guard neressury for the prevention of accidents, comply with all laws and regulations with regard an safety including, but without limitation, the Occupational Safety end Health Act of 1970 and all Hiles and regulations issued pursuant thereto. Revised MCI)14