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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9142312 (3)Fort Collins PURCHASE ORDER PO Number Page 9142312 1of2 This number must appear on all invoices, packing sli s and labels. Date: 11/17/2014 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 UOM Unit Price Extended Ordered Price s Change Order 2 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 1 LOT EA -54,416.90 16.90 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. COMMERCIAL DETAILS. Tax exemptions. By stamte the City of Fort Collins is exempt from state and Ideal axes. Our Exemption Number is 98aM503. FMeml Excise Tax Exemption Cmifcate of Registry 84-6000587 is registered with the Collector of Interval Revenue, Denver, Colorado (Ref. Colorado Earned Statutes 1993, Chapter 39-26, 114 (a). Goods Rejected. GOODS REJECTED due to failure to meet specifications, either whm shipped or due to defects of damage in torn n. may be feted to you for credit and are not to be replaced except upon receipt of wrinen instructions from the City ofFort Collis. Inspection. GOODS are subject 1r the City of Fon Coffins inspection w arrival. Final Acceptance. Receipt of the memhandiu, services or equipment in response an this order cancult in authorized payment oa the part of the City of Fon Collins. However, it is to be mdonmal that r FINAL ACCEPTANCE is dependent upon completion ofell applicable «quirts inspection proxedurso. Freight Terms. Shipment most be F.O.B., City of Fort Collins. 700 Wood St., Tom Collins, CO 80522, unless olhetwiu specified an this order. If permission is given to prepay freight and charge separately, $e original freight bill must accompany invoice. Additional charges for packing will not be acceptor. Shipment Distance. Where manufacturers have distributing points to various pans of $e country, shipment is expected from the ncmer distributor Point as destination, and excess freight will or, deducted form Invoice what shipment, are made firm grouter distance. Permits. Seller shall procure at sellers sole cost all necessary, permits, cartificmes and license required by all applicable laws, regulations, ordinance and rules of the sate, municipality, territory or political subdivision where the work is performN, or required by any other duly constituted public authority having jurisdiction over the work of voodoo. Seller (unarm agrees in hold the City of Fort Collins harmless from and against all liability and 1. incurred by them by remain of an armed or established violation of any such fan, regulations, mdivacs, rules and requirements. Authoritmion. All parries m this contract agree that the representatives are, in fact, was fide and posesen Poll and complete authority to bind said parties. LIMITATION OF TERMS. Flats Purchase Order expressly limits acceptance to the terms and couldioas stated herein sow Each and any supplementary or additional terms and conditions annexed hereto in 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 ifyou cannot make complete shipment to arrive on your promised delivery time as noted. Time is of the cawnw. Delivery and performance most be eRerted wiW n the time stated on the purchase order and the documents attached hereto. No acts of ore Pwebasm including, without limitation, mccp=m of panel lane deliveries, shall opewa as a waiver of this precision. In the event ofany delay, the Purchaser shall have, in addition to other legal and equitable readies, the option ofplxcing this order elsewhere and holding the Seller liable for damages. However, me Seller shall not be liable for damage as a result of delays due to causes not seasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such Bab of God, acts of civil or military authorities, I'mmm-I priorities, fires, strikes, Oaod, epidemics, wars or not provided that when of the conthdons musing such delay is given to the Pmrchreas within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dote of delivery shall be exlmded for the peril equal to the time actually lost by reason ofthe delay. 3. WARRANTY. The Seller wattanas that all goods, articles, materials and work eaverd by this order will conform with applicable drawings, specifications, maples andor other desceiptions given, will be Pot for the prupous intended, and Performed with the highest degree of art and maintenance in accordance with accepted sadwds for wont of a similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expose which the Purchaser may suffer or incur on account of the Sellers branch of wamnry. The Seller shall replace, repair or make good, without cost to the p rmhoseq any defects or fault wising within one (1) year or within such longer period of time as maybe prescribed by law m by the to. fany applicable wamnry provided by the Seller alter the Jam of ccepance of the gmda furnished hereunder, (.cap. not to be rmreasovbly delayed), resulting form imperfect or defective work dorre m materiaB fished by the Seller. Arrecit cc or use of goods by the Purchaser shall no, constitute a waiver of any claim under this searraary. Except ns otherwise provided m this purchase order, the Sellers liability hereunder shall extend m all damages presimamly caused by the breach of any of the forgoing warranties or guarantees, but such liability shall in no event include lass of profits 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 to legal terms by winen change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may, make any changes 1. the mass, other than legal terms, including additions to or deletions from the quantities orlgially ordered in the specifications or drawings, by verbal or women change order. If any such Own, offer. the women due or ore time of performance hemunder, an cams able adjurtment shall be trade. 6. TERMINATIONS. The Purchaser may at any time by worm change order, terminate this agreement as to any or all portions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits oa the uncompleted portion of the goods and/or work, for incidental or corsequenrial damage, and that no such Njstmmt be, made in favor of the Seller with respect to any goods which no, utc Sellers standard stock. No such termination shall relieve rise Purchaser or the Seller of any ofmreir obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty, (30) days from the date the change or a miration is ordered. S. COMPLIANCE WITH LAW. The Seller warrant that all goods sold herewder shall have been produced sold, delivered and famished in inner compliance with all applicable laws and regulations Ia which the goods are subject. The Seller shall execute and deliver such docmment or may be required ao effect or evidence compliance. All laws and regulations required to be ncoryomred in agreements of this character an, hereby mempareted herein by this reference. The Seller agrees to indemnify and hold the purchaser hawk tram all casts and damages suff.d by the Purchaser as a result of the Sells failure w comply with such law. 9. ASSIGNMENT. Neither pony shall resign, transfer, or convey this India, or any monies due or to become due hereunder without the prior written camera of the other parry. 10. TITLE. The Seller warrants full, clear and concomitant tide re me parent for all equipment, materials, and items f ishd in performance of this agfer math free and clear of any and all lion, restrictions. reservations, secuairy interest encumbrances and claims wisteria, I L NON WAIVER. Failure of the purchaser to insist upon strict pert c f the to. and mMine- hereof, failure Or do], m examism any rights m or remedies provided herein or by law, failure to pmmpaly notify the Seller in the event of a breach, the anceptance of or payment for growths hereunder or ing rural ofe design, shall not release the Seller of any of the worwnties or obligations of this purchase order and shall Out be deemed a waiver of any right of the purchaser to insist upon strict perfomanw hoomfor any of its rights or remedies as to any such goods, mgaNless of whm shipped, mcivad or accepted, as to any prior or subsequent default hereunder, we shall any garrisoned oral modificario , or rescission of this purchase order by the Purchaser operate as a wawa, of any of the toms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchases aeeognlu that in actual economic practice, overcharges remlling from aminoa violations are in fact home by the purchaser. The refult for good came and as consideration for exerting this purchase older, the Seller hereby assigns to the Purchaser any and all claims it may now have or herea0tt acquired under federal oat sate antitrust laws for In overcharge relating to the pmmular goods Or services purchased at acquired by the Purchaser punam 10 Nis ifi chase order. 13. FORCE LASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs she Seller to correct nonconforming or defective goads by a date to be agreed upon by the Purchaser and the Seller, and the Seller therm0er indicates its want dy, or unwillingness to comply, the Purchases may muse the work to be performed by the most expeditious mows available to it, and the Seller shall pay all rusts re recimW with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any namrc resulting foam the performance of such work. This relcam shall apply even in the event of fault of negligence of the party, released and shall extend to the directors, offcm and employees of such pas. The Sellers contractual obligations, including warranty, shall not be deemed to be reduced, in any way, because such work is performed or carried to be performed by the Purifier, IC PATENTS. \hits ver the Seller is required to use any deign,device, material or process covered by lever, patent, amdcmark or copyright, the Seller shall indemnify and save barriers the Purchaser tram any mM all claims for infringement by arson of the use of such patented design, device, material or process in connection with 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 many time during the prowstation or after ore completion of the work. le case said equipment, or any pan lhermf or the intended ere of the goods, u la such suit held as costitum infringement and the se of said equipment or pan is enjoined, the Seller shall, as its own expense and at in option, eithrr procure for me Puahsser the right to continue using said equipment or pars, replace me mac with substantially egal but noninfringing equipment, or modify it so it become noniufringing. 15. INSOLVENCY. If ore Seller shall become insolvent or bankrupt, make on assignment for the benefit of readmara, appoint a ficeives or lrnstee for any of the Sell. property or business. this order may Radiansbe mneeld by the purchaser without liability. 16. GOVERNING LAW. The definitions of terns wed or the interpretation ofhe agreement and the rights of all parties hereunder shall be c sswed under and govxmed by me lama of the State ofColomdo, USA. The following Additional Cordaro. apply only in cases where the Seller is to perform woak herewder, including the service of Sells Represenaaive(s), on the premise of users. IF. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Sellers own risk until the same is Polly completed and aceeptd, and shall, in are of any accident, destruction or injury to the wok torpor materials before Sellers fial completion and asemloantt, complete the weak at Sellers own expense and to ore satisfaction of the Purchaer. When materials and equipment are Pomisned by others for laallmion or erection by the Seller, the Seller shall receive, unlad store and handle same at the site and become responsible therefor as though such materials anNor ou uipmem were being fumishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of works compensation, including occupational ilk. benefits, to is employees employed oa or in comedian with use wont covered by this immixture order, author to their dependens in accordance with the laws of the state in which Ne work is 1n be done. The Seller shall also carry campachowarce general liability including, but not limited to, eontmemel and automobile public liability insurance with bodily injury and death limits of a1 least $300,000 for say one person, $500,000 for any ance accident and property damage limit per accident of $400,000. The Seller shall likewise require his contactors, if any, In provide for such compmsafov and insu ' Before any of the Sellers or his romactars employs shall do any work upon the premise of others, the Seller shall f ish the Purchaser with a are iftmle that such compensation and insurance have been provided. Such certifimfe shall specify On, date whm such compensation and insurance have been provided. Such wtifcatas shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until after the entire work is completed and armistd. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes Ne entire responsibility ad liability for any and all damage, loss or injury ofany kind Or nature whasm,ar to perms or property, caused by or resulting form due execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hamless the Purchaser end any or all of the Purchasers officers, agent and employees from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property as which the Purchaser may be put or subject by team, of any act. action. mplat, omission or default oa fire pal of Ne Salle, my of his confi cars, or any of the Sells in contractors Offices. agents an employs. In rase any stir or other proceedings shall be brought against the Puachuer, or its oRc., agent or employees at hay time on account or by reason of any act, action, neglect, omission or default of the Seller of any of his ewlactors or any of ifs or their OMet., winos or employees as aforesaid, the Seller hereby agree to assume Ne defense Nermf and to defend the same a1 the Sellers own expense, to pay any and all toss, charges, maomays tees and other expenses, any and all judgmens fast Ivy be incmred by or obtained against the Purchaser cr any of is or their oRcm. agents or employs in such suit or other proredmgs, and in rase judgment or other lien be placed upon or obtained almost the properly of the Pumhoser, or said panics in or as a result of such suits or other procedings, the Seller will at once canes, the same to be dissolved and discharged by giving bond or otherwise. The Seller and his contractors shall take all safety precaution, famish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard Ina afcry including, but without limitation, the Occupational Safety and Hmlth Act of 1970 and all ales and regulations issued pursuwt thereat. Revised Wants