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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9140734 (2)Fort Collins Date: 12/16/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9140734 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 01/31/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2 2014 Crack Seal Contract Change order 1 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 EA -112,564.70 Total-$112,564.70 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. COMMERCIALDETAILS. Tax exemptions. By statute the City of For Collins is exempt fmm state and local taxes. Our Exemption Number is 98-04502. Faecal Excise Tax Exemption Corneas, of Registry 84.6OW587 is registered with the Collector of formal Revenue, Denver, Colorado (Ref. Coloado Revised Smmtes 1973, Chapter 39-26, 114 (a). Goods Retirement. GOODS REJECTED due to failure to men apolitical... either when shipped or due to deltas of damage N =unit, may be resumed to you for credit and are not m be replaced except upon receipt of written imlrvctiom (tam the City of For Collins Impaction. GOODS arc subject to the City of For Collins inspection on naval. Final Acceptance. Receipt of the merchandise, services or equipment in response to this Order can result in authorized payment on the part of the City of For Collins. However, it is in be understood rest FINAL ACCEPTANCE u dependent upon completion Of all applicable enquired inspection procedures. Freight Terms. Shipments moat be F.O.B., City of Fan Collins, too Wood St., For Collins, CO 80522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original fight bill must accom=nv invoice. Additional charees for ackine will not ha r ceoted. Shipment Distance. Where manufacturers have distributing points in n as pas of the coudry, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted fmm Invoice when shipments are made from Greater distance. Permits. Seller shall police, at sellers sale cost all necessary premise, cerificma and Harris squired by all applicable laws, regulations, oMinanew and roles of me state, municipality, amtory or political subdivision where the work is Formulated, or required by any other duly command! public authority having jurisdiction over the work of vendor. Seller fuller agrees to hold the City of Fiat Collins harmless fmm as against all liability and loss incurred by them by rason of an asserted or established violation of my such laws, concretions, ordinances, roles Authorization. All panics to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said pares. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein set fond and any supplementary or additional terms and couditions crossed hereto or incorporated herein by reference. Any additional or different warns and conditions proposrd by seller are objected to anal hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immaturely if you cannot make complete shipment to naive on your promised delivery d re to noted. Time is of the essence Delivery and performance most be effected within the time stated on the purchase order and the documents attached hereto. No aces of the Purchasers including. without limitation, acceptance ofparial late dclivaies, shall operate rev a waiver of this provision. In the seem of any delay, rs Prahwer shall have, in addition to other legal and equitable remedies, the option of placing Nis order elsewhere and holding the Seller liable for damages. However, the Seller shall ram be liable fro damages as a mull of delays due to causes tat miserably frresecable which are wand its reawcable mntml and without its fault of negligence, such acts ofGa, rots ofcivil or military authorities, govemmmal Islander, fires, strikes, flood, epidemics, wars or hots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thermf. In the event of any such delay, the date of delivery shall be extended for the period equal to the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrants that all grads, articles, mmcrials and work coverer by this order will conform with applicable drawings, spseifiatims, samples and/or other clownptio= giver, will be fit for the puryosa intended, and performed with the Nglmt degree of art and competence in acroMance with accepted smndurdx for work of a similar nature. The Sella agrees to hold the purchaser hardens farm any loss, damage or expense which the Purchases may suffer or incur on sewed of the Sellers breach of waranry. The Seller shall repine, repair or make good, without cost to the purchaser, any defects or faults raising within one (I) year or within such longer period of time as may be, prescribe by law or by the corms of any op,liable warranty provides by the Seller eRer the date of cceptance of the 6nods furnished hereunder (acceptance not to be, unreasonably delayed), resulting from imperfect or defective work dune or materials famished by due Sella. Acceptance or use of goods by the Purchaser shall at onstimte a waiver of any claim under this warody. Except w otherwise provided in this pachase order, the Sellars liability heeuunder shall extend to all damages proximately coused by the breach of my of the foregoing wasanties or gprownw, pat such liability shall in no mcnt include loss of profits or was 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 warren change order. 5. CHANGES IN COMMERCIAL TERMS. The Purcham may make tiny changes to the laws other Nan legal terms, including additions to or ddetiau from the quantities originally ands d in the specifications or drawings, by verbal or wouen change order. If any such change affects the amount due or in. time of peAanmmce hereosar, an equitable adjustment atoll be made. &TERMINATIONS. The Pammuct may el my time by main change oNer, ..done this egrcemerl us to my or all hoar. of the goods then not shipped, subject o any equitable adjuvment between the panics m to any work or maerials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted potion of the Bass and/or work, for incidental or consequential damages, and thaw no such adjustment be made in favor of ore Sella with respect to my goods which are the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller of any offlou obligations as an any goads delivered her euntla. ]. CLAIMS FOR ADJUSTMENT. Any claim fro adjustment most be, anserta within thirty (30) days fro the date the change or transition is ordered. I. COMPLIANCE WITH LAW. The Seller warants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the goal art subject. The Seller shall execute and deliver such documents az may be required to effect or evidence compliance. All laws and regulations squired to be incorporated in agreements of this chimera me, herby manicured herein by this reformat. The Seller spaces to indemnify and hold the Par deasa becalm from all waver and damages sulTesd by the Purchaser as a tact of re Sellouts failam or comply with such law. 9. ASSIGNMENT. - Neither party shall assign, powder, or convey this order, or any monies due or w become due hereunder without the prior writer consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and tmommade ed title to the Purchaser for all equipment, naterial, and it. furnishes in perfo. of this agreement free and clear of any said all lieu, mtricmns, mervatiaa. security almost nrcmoMances as claims of othaa 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and conditions hercOf, failure or delay to examine any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a bmeh,the meeptance of or payment for goods hereunder Or approval ofthe design, shall not release the Sella of any of the warranties or obligations of this purchase cola and shall not as, deemed a waiver of any night of the purchaser m desist upon waist performance ha efen any of its rights or remedies in to any such goods, regardless of whom shipped, received or accepted, m to my prior or subsequent default hereunder, aor shall any parponcd coal modification or rescission of this purchase cola by the Purchaser operate as a waiver of my of file tams hrreof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaer recogrixe that in act=I economic practice, o ercharges resulting fmm antitrust violations arc is fact home by the Purchaser. Themofore, for good cause and in consideration for executing this purchase order, the Sella herby assigns to the Purchaser my and all claims it may taw have or hereafter accident ender federal or state mtimsst lass for such coordinates relating to the particular goods or services purchased or enquired by the Perchance pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to lower nonconforming or defective goods by a date to be, agreed upon by the Purchaser send the Sella, send the Sri let thereafter indicates its inability ar unwillingness m comply, the Purchaser may cause the work to be perfrmed by the most expeditious means available to it, and the Seller shall pay all costs terminated with such work. The Seller shall release the Purchaser and its contactors of my net f all liability and claims of any =tort resultingr the perfr. fsuch work. This release shall apply even in file event of fault of negligence of the party mlowed and shall extend or the directors,.1 icers and employees ofsuch pang. The Seller's contractual obligations, including womanly, shall not be deemed to be reduced, in my way, because such work is Pertotmed or caused to be performed by the Pumhzaa. 14. PATENTS. Whenever Ne Seller is required to use my design, device, material or pacess covert by loner, patent, undem ed, to copyright. he Sella shall indemnify and save hvmins the Purchaser firm any and all claims fro infn'scrom by reason of the use of such patented design, device, mmmal or process in connection with the contras, and shall indemnify the Purchaser for my cosis, expense or damage which it may be obliged b pay by loser of such infringement at any time during the prosecution or allot the completion of the work. In case said equipment, or any an thereof or the intends use of the gags, is in such suit held to constione infringement ad the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its optirq either procure for the Purchaser the fight to continue using said equipment or purrs, replant the same with substantially equal but noninGng rig reprimand, or modify it an a becomes nminfringing. I S. INSOLVENCY. If the Seller shall become handsaw or bankrupt. rake an assignment for the benefit of ca d oars, appoint a or trustee for my of the Sellers property or business, this order may forthwithbe comcla by the Pri cheer without liability. 16. GOVERNING LAW. The definitions oftetms tried or the, interpretation of the agreement and the fights of all proles herewder shall be cmwmed under and governed by the boas offl a State ofColomdo, USA. The fallowing Additional Conditions apply only in cases where the Seller u in Piedmont work hercetbm, including the services ol'Scllers Represedativ (s), on the premisesof oNces. 17. SELLERS RESPONSIBILITY. The Seller shall any on said work at Seller's own nsk until the same is hilly completed and accepted, and shall, in craw of any accident, destruction or injury to the walk and/or mmesials before Sellers final completion and acceptance, complete the walk or Seller's awn experts and to the satisfaction of the particular. When mmmals and equipment are fmished by others for installation or airliner by the Seller, the Sella shall redva, unload, time and handle aloe el the site and become res,swe ible therefor as though such manuals —Nan nryipmant some being furnished by the Sella under the order. I B. INSURANCE. The Seller shall, at his own expense, provide fro the payment of workers confirmation, including occupational disease benefits, to its employees employed oa or in connection with the work covers by this Paribas, order, and/or to their dependents in accordance with the laws of the suite in which the work is to be done. The Seller shall alw cagy comprehensive general liability including, but not Haired to ommetual and automobile public liability insurance with Wily injury and death limits of at least S300,IXI1) for any one person, $50QR0 for my rccident and partial damage limit per accident of 5400,000sh . The Seller all Likewise require his contractors, if my. m pmside for such mmperwtion and insurance. Before my of the Sellers or his contranow employees shall der any work upon the p.,. of other, the Seller shall bunch the Purchaser with a renifias, that such compensation and insurance have been provided. Such ceninata shall specify the date what such compensation and asumnre have been provided. Such car rinses shall specify the date when well comprnaticn and insurance expires. The Seller agrees that such aw,uni iic n ad insinuate shall be maintained can filer the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire mponsibiliry and liability for my and all damage, loss or injury ormy kind r=ture whatsoever N persons or propmy auxd by or resulting film the execution ofthe work provided for in this pucchue order or in connection herewith The Seller will indemnify ab hold barriers the Purchaser and my r all of the Purchasers oMs., agents and employees floor and agaimt my tub all claims, losses, damages, charges or expenses, whether direct en indiacL and whether to petsom fir papery ro which the Purehua may be put or subject by reason of any on, action, neglect, omission or default on the pan of the Seller, any of his contractors, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchaser, or its officers, agents or employees at any time on mcoud Or by reason of any act. action, all omission or default of the Seller of any of his contractors or any of its a Nair officers, agents or employees as aforesaid, the Seller bareby, agues to awume the defense theeof and to defend the same at the Set]. own expense, to pay any and all costs, charges, whereys fees and oNer expenses, my 4a all judgments Nat may be incurred by in Obtaimd egad=t the Purchase or may of its or their Me., agents or employees in such suits an other proceedings, ertd in case judgment Or other lien an placer upon or obtained slashed the pmpery of the Purchaser, or said panics in or as a mull of such suits of Orion proceedings, the Scllcr will or once reuse the same to be dissolved and discharged by giving bond or ohewho. The Sella and his contractors shall take all safety precautions, Finnish and install all grads necessary for the prevention of accidents, comply with all laws and regulations with tega d to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all cults ad nonstudents issued Panama thereto. Revised 07R014