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HomeMy WebLinkAbout539869 VOGEL CONCRETE INC - PURCHASE ORDER - 3214420 (2)Fort Collins Date: 11/28/2014 PURCHASE ORDER PO Number Page 3214420 1012 This number must appear on all invoices, packing sli s and labels. Vendor: 539869 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: 09/25/2014 Buyer: JOHN STEPHEN 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 Ordered Extended Price 2 Addendum to Po 1 LOT LS 40,000.00 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 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 asemptims. BY.. the Cilyof Fan Collins isexempt from material local rams. Oov Exemption Number is II. NONWAIVER. 98-04502. Federal Excise Tax Exemption Caificam of Registry 84.6000587 u reginerd with the Collator of Failure of the Purchaser to insist upon strict performance of the teasl refailure or conditions hereof. failuor delay to Intena d Revenue, Deaver, Colorado (Ref. Colorado Revised ground19)3. Chapter 39-26,114 (a). exercise my rights or remedies provided herein or by law, failure to prowfly notify the Seller in the, event of a breach, the acceptance ofor payment for goods heaanda or approval ofthe dasiga, shall not release the Seller of Goods Rcjemd. GOODS REJECTED due to failure to men specifications, either when shipped or due or defects of any of the warranties or obligations of this purchase order and shall not M deemed a waiver of my light of the damage in ..it, may M mumed to you jar creed and are not to M replaced except upon receipt of written purchsser to insist upon most prerformmce hertafor my of its rights or remedies as in any such goads, regardless imtmctions from the City of Fort Collins. of what shipped, arecivd or acaptW, as to my priar or subsequent default heremdeq nor shall my Panamint can modification or rescission of this purelwse older by the Purchaser operam m a waiver of my of the rums Inspection. GOODS are subject to the City of Fort Courts inspection oa arrival. hereof. Final Averptorea Receipt of the merchandise, services or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pa of the City of Fan Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust nfomr ACCEPTANCE is dependent upon completion of all applicable required inspection puacedurrs, violations are in fact home by the Purchaser. Theretofore, good cause and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments must M F.O B., City of Fan Collins, Had Wood St., Pon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services Otherwise specified on this older. Upermission is given to papery freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this perchance order. bill most accom=nv invoice. Additional chances for working will not be treated. Shipment Dinance. When manufacturers have dutribuung points in various pares of the country, shipment is expected from the nearest distribution point to donation, and excess fight will be deducted f Invoice who shipments are music from greater do.. Panic. Seller shall procure at tillers sole con all eta., permits, certificates and licenses required by all applicable fora, regulations, ordinances and ales of den smm, municipality, accuracy or political subdivision where the wok is performed, or "i ired by my other duly continued public impurity having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fan Collim harmless from and against all Iiabilidsand,low enderred by them by rearm of an asserted or established violmion of any such laws, regulations, ordinances, ales reparations. Authorization All parries to Nis contract agree that the representatives are, in fact, bona fide and possess fill and complete aulhorily to bind said parties. LIMITATION OF TERMS. This Pumham Order expressly limits acceptance to the terms and conditions stated herein set fah and any supplementary or additional kenos and conditions annexed hereto or incorporated herein by refmnce. Any additional or diffee m, 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 date as noted. Time is of the essence. Delivery and performance mutt be effected within the rime stmN on the purchase order and the cwvmenu attached hereto. No acts of the Furehasers including, without limitation, acceptance of panel late deliveries, shall or,emm as a waiver of this provision. In the event army delay, the Purchaser shall have, in addition to other legal and includable mumvias, rise option ofpacing this order elsewhere and holding the Seller liable for damages. Hownveq dan Seller shall rot M liable for damages as a mull of delays due to muses not treasonably foreseeable which are beyond is possamble actual and without its fault of negligence, such arks of God, acts of civil or military authorities, 6o menne seal priorikies, Jim, shrikes flood, epidemies, wan ar nos provided that notice of the wnditiona causing such delay is given to the Pumbacer within five (5) days of the time when the Seller fro received knowledge thereof. In the event of my such delay, the date of delivery shall M extended for the period equal to the lime actually lost by reason aids, delay. 3. WARRANTY. The Seller warrants that all goods, aides, materials and work covered by this order will conform with applicable drawings, specifications, samples md/Ol other descriptions given, will M 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 Sella upon; m held the purchaser harmless farm any lass, damage or expense which the Purchaser may suffer or incur on account million Sellers breach of wvnatty. The Seller shall replace, repair or make good, without cost to the purchaser, my defects or faults arising within one (I) year or within such longer period of time as may be prescribed by law or by the tams army applicable warmnry provided by the Sella after no dam of acceptance of the goods famished haverala (acceptance nor On M umeawnably delayed), resulting from imperfect or defensive work done or materials fished by the Seller. Acceptance or use of good by the Purchaser shall cut comutute a waiver army claim under this amatory. Except m aderwise pr idd in this prochom works, the Sellers liability hereunder shall extend to all damages pmxlmately caused by the branch of cony of the foregoing wacanfa or gmamas but such liability shall in m event include loss of profis 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 rums by water change order. 5. CHANGES IN COMMERCIAL TERMS. TTe Purchaser may make any changes to the terms, other than legal tartar including additions to or deletions from ,he ql unfure uri,imaly ordered in the specifications or dmwinga, by verbal or written change order. If any melt chmge a0bms the amount due or the time of pert rmance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by written change area, accurate this agreement as to any or all poniom of the good then not shipped, subject to my cquimble adjustment between the parties to many work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated profits on din uncompleted portion of the goods andror work, for insulated or cemequential damages, and that no such adj=tarn, he nude in favor of the Sella with reparlo my good which we the Sellers sandard stock. No such termination stall aline We Purchaser or the Seller army of Weir obligations as to my goads delivered hereas er. T. CLAIMS FOR ADJUSTMENT. Any claim for edjuumatr mat be mended within thirty (30) days from the date the change or reamidedion is ordacd. S. COMPLIANCE WITH LAW. The Seiler warrens that all goad sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the gods are subject The Seller shall execute and deliver such documents as may be motioned to effect or evidence compliance. All laws and regulations required to M nemPomted in agreements of this chaama are hereby incotpommd herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result of the Sellers Nihare to comply with such law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or any monies due or to become due M1eremder without the prior written consent of the other pang. 10. TITLE. The Selltt warrmu fell, clam ad wsaoimed title mthe Purchaser far all auipment, andan,. and itemsInterisland in perfonnmce of this agreement fee and clear of my and all liens, rovic ens, reurvauom, seevriry interest mcumbsmco and claims afothers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. I rum Purchase directs the Sella to mtrecr nonconforming in defective goods by a date to be agreed upon by the Parlooser and the Sella, aid the Sella thetreefin iill its initial, on mrwillinpam to comply, the Enrichment may ause the work to be pert d by the mass, expeditions metre available ro it, and the Seller shall Pay all emu msociaad wild such work. The Sella shall alesse the Purchaer and its contractors of any tier farm of liability aM claims of any nature consulting film the performance ofmch weak. This mime shall apply even in due event of fault of negligence of the pay released and shall extatd to the directors, offcas and employees of such play. The Sella s contractual obligations, including warranty, shall not be deemed to M reduced, in any way, because such work is pa[ormed ar caused to be performed by the Purchaser. 14. PATENTS. Whenever the Sella is required to use any design, device, material or praess avaed by [age,, Patent, trademark or copyright, the Sella shall indemnify and save hamflean the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, marerial or process in connection with the contract, and shall indemnify the Purchaser for my cast, expense or damage which it may be obliged to pay by reason of such infringement at any time during the promention or alter rise completion of the wad. In case said equipment or my pan therm, or the intended use of the goods, is in such suit laid to recomme infringement and the use of mid ex,mmam, or pan is enjoined, the Sella shall, at its own expense and at its option, eitM procure far the Parelvssa the right m commm using said equipment m pars, replace the same with substantially Nor] but coninfringing egmpmm,, or modify it m it becomes noninfringing. 15. INSOLVENCY. If the Sella shall become itsolvent in bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or business, this older may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions often= twiner the imer,romion of the agreement and the rights ofall parties hereunder shall be constroed under and governed by the laws ofthe Stateof Colorado, USA The following Additional Conditions apply only in taus when the Seller is to perform work hereunder, including the services of Sellers Re dam ative(s), on the premises of odera 19. SELLERS RESPONSIBILITY. The Sella shall worry on said wall at Sellds own risk mind the same is fully completed and accepted, and shall, in case of my accident destruction or injury to the wad and/or mmeaiak bef Selleh final completion and acceptance, complete the wad at Sidles own response and to the satisfaction of the Purchaser. When materials and <gtopmenl are fmwsbed by orders far innalletwo Or same. by the Sena, the Sella shall pearm. reload, store and handle some at flee site and become responsible therefor as though such mammals aWor equipment were being firma shed by due Sella undo the order. 18. INSURANCE. The Seller shall ed his own expose, provide for the payment c f wodas compensation, including oceupatiovl disease benefits, to its employers employed on or in connection with the work covered by this purchase order. and/or to their dependents in accordance with the laws of the stale in which the work is to be done. The Sella shall also carry compailwassive general liability including, but not limited re, contmet=I and automobile public liability insurance with bodily injury and death limits of at least g3ed,dh0 for any one person, 5500,000 fir any one accident and property damage limit per occident of 5400,000. The Seller shall likewise require his ontrouns, if my, to provide for such composition and insurance. Before my of the Sellers or his contractors employees shall do my wad upon the premises of others, We Seller shall fortis, the Purchaser with a caifrca,e that such compensation and insurance have been provided. Such certificates shall specify the date when such compensation am insurance have ban provided. Such ceni0cam shall specify dse date when such compensation mid insurance expire. The Seller agrees that such compensation and assurance shot be maintained until after the enlim work, is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes me entire mponsibility end liability for my and all damage, loss or injury army kind or=lure whatssever m persons or property, cared by or nothing tram the execution of Net works provided fro in this purchase Older or in enmection herewith. The Sella will immunity and hold hamdess the Purchaser and my or all of the Pwchasas oni—, agents anal employees from and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to personal or property, to which the Purchaser may M put or subject by reason of my ace action, neglect, omission or default on the pan or the Seller, any of his conunctors, or my of the Sellers or contractors officers, agents or employees. In case my mit Or wdsn proceedings shall be brought against the Purchoseq or its officers, agents or employees at any time an account or by reason of my act, action, neglect, omission or default of the Seller of my of his armors or any of its or their officers, agents or employees as afoasaid, the Seller hereby agrees to assume the defense thereof and an defend the same at the Sellers own expense, to pay any and all costs, chances, attorneys fees and other expenses, my and all judgments that may IN incurred by or obtained against the Purchaser or my of its or their affects, agents or employees th such suits or other proceedings, and in case judgment in other lien be placed upon or obtained against the property ofthe Purchaser, or said pries in or as a result ofmch suits or other proceedings, the Sella will at ono cause the same to be, diumb d and discharged by giving bond err otherwise. The Sella and his contractors shall rake OR safety precautions, f ish and manall of guard necessary for the prevention of accidents, comply with all laws ad regudario= with regard to mfety including, but without limitation, the Occupational Safety and Hedlth Act of 1970 and all ales ad regulations issued pursuant draw. Revised 072014