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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9147312Fort Collins Date: 12/10/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9147312 101`2 This number must appear on all invoices, packing sli s and labels. Ship To: CLRS ADMINISTRATION CITY OF FORT COLLINS 215 N MASON, 3RD FLOOR FORT COLLINS CO 80524-4408 Delivery Date: 12/10/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price t Fossil Creek Trl Improvements at SCCP and Horsetooth Rd 1 LOT LS Fossil Creek Trail improvements at Spring Canyon Community Park and Horsetooth Road per work order dated 12/5114 and invoice 7115A dated 3/14/14. 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@fogov.com 23,778.18 778.18 Pay terms net 30 days Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 t � � rR}'i1F�'iL[�f.Eial[ifar� Page 2 of 2 1. COMMERCIAL DEfAIIS. Tax exemptions. By statute the City of Fort Collins is exempt from stale and lard saxes. Cur Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000581 is registered with the Collector of Dulare of the Purchaza to insist upon strict performance of the tens and conditions hereof, failure or delay BE Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 1111(a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a breach, the acceptance ofor paym at for goads hereunder or approval ofthe design, shall not releam the Seller of Goods Rejected. GOODS REJECTED due an failure In meet specifiwunme, either when shipped or due to defects of any of be mommties or obligations of this purchase order and shall not be deemed a waiver of my right of the damage in transit, may he reeuned to you for credit and an, But to be, r,plaad except upon mania of wrinea purchaser BE insist upon trust pert hereof or my of its rights or remedies as to my such good, regardless instructions from the City of Foe Collins. of when shipped, rmcned or accepted, as to any prior in subsequent default bereundeL Bar shall my performed oral modification or rescission of this puremse order by the Purchaser operate as a waiver of my of the term Inspatim. GOODS are subject to the City of End Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchmdise, services m egBiM., in response to this order on insult in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authomsed payment oa she pm of the City of Fort Collin. However, it is to be understood thus FINAL Seller and the Purchasor recognise but in inaal economic practice, overcharges resulting from mtiaust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations are in fact Nome by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Seller hereby assigns Ia the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments must ha F.O.B., City of Fort Collins, 90) Wood St., Fort Collins, CO 80522, unless acquired under federal or slate antitrust laws fr, sock overcharges relating to the particular good or services otherwise specified on this order. If permission is given w prepay freight and [barge separately, the original freight purchased or inquired by the Purchaser pusumt to this purchase odes. bill mint rea meanv invoice. Addiunwl [her. for backing will But be accepted. Shipment Distance. Where manufacturers have distributing paints in various part of the country, shipment is expatcd firm the nmrest distribution point to destirectims vad excess freight will be deducted from Invoice when shipments arc made fmm greater dutaron. Permits. Seller shall procure al sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, odimme. and roles of the state, municipality, territory or political subdivision where the work is partmened, or required by any other duly constimmd public mthoriry having jurisdiction over the work of version. Seller harbor agrees to hold the City of Fort Collins hemnless from and against all liability and loss incurtN by them by reason of on assured or isabluhed violation of any such laws, regulations, odianco, roles Brad mquiremenn. Authorization. All panics to this contract agree that the representatives are, in fan, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS. This Purchase Order expressly limits accepancc Ir the toms and mndilims armed herein set focus and any supplementary or additional torim and considers annexed hereto or incorporated herein by reference. Any additional or different rest and conditions proposed by seller are objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately Hym mount make complete shipment to amve on your pmmiscd delivery date as rated. Time is of thc comes'. Delivery and par.. must be effected within the time stood on the purchase order and the documents attached hereto. No acts of the Purchasers including, without [imitation, acceptance affords] late deliveriq shall opaam as a waiver, of this m.,sim. In the event of any do],, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and bolding the Seller liable for damages. However, the Seller shall But be liable for damages az a result of delays due to causes nor reasowbly foro eek a which are beyond its rcasoable control and witham its fault of agligeae, such acts cf God, BOB urinal in military authorities, govemmenal priorities, fires, mikes, flood, epidemics, war, m wa riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when use Seller first received knowledge thereof. In the event of any such delay, the deco of delivery shall be extended for the Former egml o the time actually lost by reason of the delay. 3. WARRANTY, The Seller warrants that all good, articles, materials and work covered by this when will conform with applicable drawings, specifications, samples worm other descriptions given, will be fit for the purposes intended, and performed with the highest degree of we and competence in swess ante with accepted standard for work of a similar wtuce. The Seller agrees to hold the Meteoric Journalists fmm my loss, damage or expense which the Purchaser nay suffer m incm on account of the Sellers brooch of warranty. The Seller shall tcplare, rcpau m make good, without cost to use purchaser, my defects or faults arising within one (U year or within such longer period of time as nay be prescribed by law or by the terms of my applicable warrmty provided by the Seller alter the date of acceptance of the goods famished hereunder (acceptance not to be measurably delayed), melting firm imperfect or defective work done or materials fiunadval by the Seller. Amepance or use of good by the Purchaser shill not owshote a waiver of my claim undo this warranty. Except as othewise provided in this purchase under, the Sellers liability hereunder shall extend to all damages proximately caused by the breach of my of the foregoing warranties or guarantees, but such liability shall in no event include loss of wi or loss of as, NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4, CHANGES IN LEGAL TERMS. no Purchaser may make chango to legal r„cos by wrier change ode, 5. CI IANGES IN COMMERCIAL TERMS. The Purchaser nay make my changes w the terms, other than legal terra, including additions to or deletions from the igiamenci Originally ordered in the specifirmimss or drawings, by veAal Or m change order. If any such change affects the omomt due or use time ofperfomumce hereunder, An equitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at my time by wrimi change osier terminate this agreemem as to any or till portions of the goods then not shipped, subject to any equitable adjustment bebveen the ponies as to my work or mmcnals then in magmas provided that the Purchaser shall rout he liable for my claims for anticipated profits an the uncompleted portion of the good and/or work, for incidental in cons aimmial damages, and but sew such ndjnstmmt be made in favor cribs Seller with respect to any goads which we the Sellers sanded stock. No such termination shall relieve the Purchaser or the Seller ofany of their obligations as to any good delivered hereunder. q. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days fmm the date the change or termination ordered. 8. COMPLIANCE WITH LAW. The Seller wartena but all goods mid hereuMa shall have been produced said, delivered end famished in strict compliance with all applicable laws and regulations to which the goods art wbjac The Seiler shall execute will deliver such documents as may be required to effect or evidence compliance. All lax, and regulations required BE be incorporated in agreements of this character we hereby incorporated herein by this reference. The Seiler agrees to indemnify and hold the Purchase, hornless from all mars and damages suffered by the Pmchasa az a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder without the Peter unities, consent ofuse other party. Io.TITLE. The Seller margins full, clear and umestnned till, to the Purchaser for all equmnmt, ha mials, and itrnu furnished in performance of this agreement, See and clear of any and ell liw, remdniow, roervitims, minority interest -combustive, and claims ufmisen. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to cornea nonconf ing or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its imbiliry a, unwillingness to comply, the Purchaser may cause the work to be Fer(Omred by the mom expeditious means available as it, and the Seller shall pay all costs azsoa m with such work. The Seller shall release the Purchaser and its contractors of any for from all liability and claims of tiny name resulting from the performance of such work. This release shall apply even in the event of fault of negligence of the pony released and shall extend w the does... olBcers and cmployas of such party. The Sellei s contractual obligations, including warranty, shall not be deemed to he reduced, in any way, because such work is performed or caused to be Pmarmed by the Pmdlaxwr. 14. PATENTS. Whenever the Seller is required tun use any design, device, mmmal or pmcces covered by Ieta,, patent, trademark or copyright, the Seller shall indemnify and save harmless the Purchase, from my and oil claims for infringement by consent of the use of such parented design, device, material or process in connection with the contract, and shall indemnify the Purchase, far any cost, expense or damage which it may be obliged to pay by reason ofsuch inGngemem at my time during the presautim Or after the completion of the work. In ass said equipment, or any pan banner or the intended use of the goad, is in such suit held to conshatte infringement and the use or said egnipmmr or part is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right to continue using said equipment or parts, replace the same with subnmtially equal but nonlnfinging equipment, or modify it so it hrcatms noninfnaging. is. INSOLVENCY. If the Seller shall become insolvent or bankmpt, range an assignment for the benefit of creditors, appoint a receiver or trustee for my of the Sellers property or basinw, this order nay forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The definitions of,,. used or the immprearic n ofbc agreement and the rights ofail parties hounder shall be construed under and governed by the laws of the Shire ofColomdo, USA. The following Additional Conditions apply a* or was wrote the Seller is w perform work hereunder, includingthe services of Sellers Representmist s), mtha promises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall catty on said work at Seller's own risk until the same is fully completed and accepted, and shall, in se of my acdden4 destruction or injury to the work server aaterials before Seller's Sal compleion said inceptmer, complete the work as Sellers own expense and to the sari,hems, of the Purchaser. When, materials and equipment are famished by be. for installation or erenim by the Seller, the Seller shall came, tmlad, store and handle same or the site and become responsible therefor as though such materials anther equipmat were being famished by the Seller under the order. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including compationd disease benefit, to its employtts 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 state in which the work is to be done The Seller shall also carry comprehensive general liability including but not limited to, contactual and automobile public liability insurance with bodily injury and death horn of at least 5300,00o for any as Person, 5500,000 for my orte accident and property damage limit per accident of S400poo. The Seller shall likewise beryire his contractors, uany, w provide for such compmsatian and imteramv Before my of the Sellers or his contmetars employees shall do any work upon the premises archers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have been provided Such companies shall specify the dine when such compensation and insurmme have been provided. Such ounifca es shall specify the date when such compensation Bud imurmce expires. The S,IIa agrees that such compccessim and insurance shall be muinamed until after the entire Book is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. no Seiler hereby assumes the more responsibility and liability for any and Of damage, loss or injury army kind or mture whomever to Mons or popery mused by in resulting from the execution arm work provided for in Nis purchase odor or BE coouection herewith. The Seller will indemnify and hold harnlw the Punctuation and my r all of the Purchasers affects, agents and employees fmm and against my and all claims, losses, damages, charges or expenses, whether direct or indirect, and whether to persons or producer to which the Purchaser may NO put or subject by reason of my ac4 action, neglect, omission or default on the pm of the Seller, my of his contmdma, or my of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against th, PureNazer, or its oRvers, agents or employees at my time on account in by reason of my tut, ration, neglect, omission or default of the Seller of my of his contractors or my of its in their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the defense thereof and o defend the same at the Sellen own expense, as pay my and all casts, charges, momeya fees and other expenses, my and all judgments that may be incurred by or obtained agairst the Purchaser or my of in or their officers, agcnn m employers BE such suits or other prc«edivgs, and in case judgment or other lien be, placed upon or obtained against the property ofthe Purchase, or said pmies in or as a result of much suits or other proceedings, the Seller will at once cause the mine w be dissolved and discharged by giving bond or otherwise. no Seller and his contractors shall hike all safety precautions, famish and install all guards naeseary for the prevention of accidents, comply with all laws and regulations with naiad to safety including, but without limitation, the Occupational Safety and Hedth An of 1970 and all miss and regulations issued pursuant thereto. Revised 072014