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HomeMy WebLinkAbout539689 VOGEL CONCRETE INC - PURCHASE ORDER - 9147492Fort Collins Date: 12/18/2014 Vendor: 539869 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9147492 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: 12/18/2014 Buver: JOHN STEPHEN Note Line Description Quantity UOM Unit Price Extended Ordered Price Pedestrian Plan & ADA 1 LOT LS 2,574.72 WO #09-VOG-400903700-14 2 Pedestrian Plan & ADA 1 LOT LS 21,713.95 WO #09-VOG-400903700-14 3 Pedestrian Plan & ADA 1 LOT LS 11,948.22 WO #09-VOG-400903700-14 n P,4 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.00m Total 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. COMMERCIALDEfA11S. Tax exemptions. By smmte the City of Fon Collins is awn d from state and local taxes. Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Cenifiwm of Registry 84-6000589 is registered with ,he Collector of Failure of the Purchaser to insist upon strict performance of the terms and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Slamtm 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided harem or by law, failure to premptly notify the Seller in the event of a breach, the acceptance ofor payment for goods hereunder or approval of the design, shall not release the Sella of Goods Rejected. GOODS REJECTED due to failure a race specifmtious, either when shipped or due to defects of my of the wor anties or obligations of this purchase order and shall not b, deemed a waiver of any right of the damage in transit, may be returned to you for credit and ate not a be replaced except upon receipt of wnnrn pureheer b insist upon strict pert am'e hereof., any of its n,ha or remedies as b any such goods, regardless instructions form the City ofFort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder, nor shall any pmpnned and modi❑anion or mscission of this purchase order by the Purchaser operate as a waiver of my of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on al lval. here.!. Final Acceptance. Receipt of the m mlxwx ixe, services or equipment in report , to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authonud payment on the pan of the City of Fort Collins. However, it u a be understood that FINAL Seller and the Purchases, recognise that in acnW economic practice, mxrcharga resulting form admitmst ACCEPTANCE is dependent upon completion of all applicable required inspection procedures. violations ate in fact home by the Purchase, Theremfom, for good came and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Tema. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collim, CO 80522, unless otherwise sped red on this order. Ifpermission is given to mopay freight and charge ar crudely, the mr,mal freight bill most acwmpany invoice. Additional charges for packing will rut be accepted. Shipment Distance. Where manufacturers have distributing points in various Pam of the country, shipment is exported from list ores, distribution ..at In destination, and excess freight will he deducted from Invoice when shipments art made from greater theocratic. Permits. Seller shall procure at sailers sole and all necessary cmmus. certificates and lic=aax required by all applicable laws, regulations, ordinances and colca of the state, municipality, territory or political subdivision where the work is performed, or required by any other duly constiuted public authority having junci iction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by motion of an asserted or established violation of any such laws, regulations, of inanca, rules and requirements. Authorization. All panic 1. this contract agree that the repremnmtives are, in fact, bona fide and possess full and complete authority to bind said panics. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the lances and conditions stated herein set foM and any supplemenury Of additional ants and conditions annexed haea or incorporated herein by reference. Any additional or different terms and conditions prop.ud by seller art objeced to and hereby centered. 2. DELIVERY, PLEASE ADVISE PURCHASING AGENT immediately ifyea cannot make complete shipment to arrive on your promised delivery date m noted, Time is of the.smce. Delivery and performance most be effected within the time sorted oa the pdrehose order and the docum=rs me cited herd.. No errs of the Purchasers including, wihoul Inhibition, stagnant, of pmial lam deliveries, shall ummle m a waiver of this provision. In the at ofany delay, the Purchase, shall have, in addition no other legal end equitable remedies, the option of placing this order elsewhere and holding the Seller liable fa, damages. However, the Seller shall not be liable for damages us a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such area fGod- acts of civil or military authorities, gavemm=al prio..aw fires, sakes, Rood, epidemics, wars or riots provided that notice of the conditions Gaming such delay is given m the Purchmer within five (5) days of rise time when the Seller Rest received knowledge thereof In the went of any such delay, the data of delivery shall ho extended for the period equal to the time actually no by reason of the delay. 3. WARRANTY. The Sella wmmnrs that all goods, arid., materials and work coverts by this order will contain with applicable drawings, specifttvtiom, samples andtor other descriptions given, will he fit for the parymas intimated, ace 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 Puahaur may suffer or incur on account of the Sellers breach of warenty. The Sella shall replace, repair or make good, without cost to the purchaser, any defects or faults arising within one (I) year in within such longer penal of time m may be prescsibed by law or by the times of my applicable comment, Provided by the Seller after the date of ancepmnce of the Goods f Ished hacroula (acceptentt not to he umeawnably delayed), resulting from import t in, der active work done or mmenals furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers liability hermarl r shall exhaust I. all dvrragm proximately caused by the breach of any of the foregoing common, or gparameters, but such liability shall in no event include loss of profits or lass of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. The Purchaser any make chaogca to legal moan by wrinen change adder. 5. CHANGES IN COMMERCIAL TERMS. The Pashmer may make any changes m the moms, Other Nan legal teems, including addition, to or deletions rum the quantities originally ordered in the specifications or drawings, by veebal or wriden change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall he made. 6. TERMINATIONS. The Purchaser may at any time by women change ode, terminate this agreement as a any or all ponions of the goods then not shipped, subject to sally equitable adjustment between the games as to any w'mk or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted potion of the goods amprr work, for incidental or consequential damages, and that no such adjustment be made in favor of the Seller with slaver a any goods which art the Sellers sardnrd stock. No such moratorium shall tchave the Purebmer or red Sella advent, of their obligations as to any goods delivered hemunder. ]. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (301 days Tam the date the charge or termination is ordered. 8. COMPLIANCE WITH JAW. The Seller wenants that all goods sold hereunder shall have been Inundated, sold, delivered and famished in stria compliance with all applicable laws and m lmiuns to which the goods are subject. The Seller shall execute and deliver such desdmmus as may he required to effect or evidence compliance. All laws and regulations required to b, mempommd in agreements of this character are hereby incorporated herein by this rates=ce. The Sella names to iMcmnify and hold the Purchmer hamtlas from all cuts and damages suffered by the Pmchur as a reach of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry still resign, ardmfa, or m.I, this order, of my ...I. due or to become due hemuoder without the prier wiin=cousent ofthc other party. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in perfortnantt of this agreement, free and dun of any and all limes, restrictions, resavali. x, swunry interest encumbrances ace claims of o0u acquired under federal or sure antitrust laws for such overcharges relating to the particular goods or services purchased or ucquired by the purchaser pursuant to this pwchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Pomona directs the Seller to coned nonconforming or defective goods by n dam to W agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates i¢ inability or unwillingness m comply, the Purchase, may cruse the work t. be performed by the most expectations ream available to i,, and the Sella shall Pay all .so essocimed with such work The Seller shall orieme the Purchaser and its exa m n rs of any net fin. all liability and claims of any nature resulting from he performance of such work. This release shall apply even in the event of fault of negligence of the perry rtlemed and shall extend to the directors, officers and employees afaach parry. The Sellers contractual obligations, including warranty, shall not b< dwmed m be reduced, in any way, because such work is performed or caused to be performed by the Purchmer. 14. PATENTS. \Vhenever,he Sella is required a use any design, device, material er process covered by lever, titan,, vadeasark or copynght, the Sella shall indemnify and save harmless the Purchaser been any and all claims for management by ream of the use of such patented design, device, mammal 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 masen of such Infringement at any time during the prosecution or after the completion of the work. In case mid equipment, or any pan theaecf m the intended use of the goods, is in such a.,, held to comtimte infringement and rate use of mid ca,upm=t or pan is enjoined, the Seller shall, a1 its own a.,. and a1 its option, either procure for the Purchaser the right to continue using sad equipment or pans, replace the same with substantially equal but noninfringing equipment, or modify it set it becomes noninGtnang. 15. INSOLVENCY. If the Sella shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or ausme for any of for Sellers property or business, this order may fonhwel ith he conceded by the Purchase, without liability. 16, GOVERNING LAW. The definitions of terms red m the interpretation of Om agteancnr and the rights fall ponies hereunder shall be mmtmed ander and gonamed by the laws ofhe State ofColoredo, USA. The following Additional Conditions apply only in cases where the Seller is to pert work hereunder, incuding the service of Sellers Repreunm,ivq's), on the promises of others. 17. SELLERS RESPONSIBILITY. The Sella shall carry on mid work at Sellers own risk until the same is Polly completed and accepted, and shall, in u of my accident, destruction or injury to the work andrar materials bet Settees final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchmer. When materials and equipment arc famished by others for ius.Italian or erection by the Seller, the Seller shall receive, mdoad, store and handle same in the site ace become responsible therefor as though such materials and/or equipment wait Facing( fished by the Seller under the order. 18. INSURANCE. The Seller shell, at his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its employees employed on or in connection with tk work coveml by this purchase order, mdlor to than die a dents is accordance with the laws of the sate in which the wok is a be done. The Seller shall also carry comprehensive 6enaal liability including. but not limited to, conamelual and automobile public liability insurance with badly injury and death limits of at least 5300,000 for any one person, 5500,000 for any one accident and property dumage limit per accident of S400,000. The Seller shall likewise require his contractors, if any, an provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work an tha peemises of others, the Seller shall fish the Purchaser, with a tertifcam that such ram araation ace imtuance have ban provided. Such ecniftm, shall spadY the dam when such mpeation and insurance have been provided. Such certificates shall specify the date when such rompewtion nman d insurance expires. The Seller agrees that such compensation and insurance shall be maintained until of the entire work is mmplemd and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the =tire rapomibility and liability for any and all damage, lass or injury ofany kind Or nature whatsoever to persons or property caused by or resulting (rent the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the purchasers officers, agents and employees Gam and against any and all claims, loss., damages, charges or expenses, whaler direct or indirect and whether an permas m properly to which the Purchaser may be put or subject by reason of any ac4 action, neglect, omission or default on the pan of the Seller, any of his contmdor, or any of the Sellers or cm mdon 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 account or by reamn of any act, action, neglecl, omission or default of the Seller of any of his conmactors or any of its or than officers, agents or employees as afommid, the Sella hereby ogrem, to assure the defense thereof and 10 defend the sarro at the Sellers awn expense, to pay any and all costs, changes, attorneys fees and other expenses, any and all judgm=1s that may he incurred by or obtained against the Paxhmer m my of its or their officers, agents or employers in such suits or other proceedings, and in case judgment or other lien Im placed upon in obtained against the property of the Purchases, or said parties in or as a result clinch suits or other proceedings. the Seller will at once cause the more to be dissolved and dischmged by giving bond or otherwise. The Sella and his enamor shall sake all safety prwautiom, famish and board dl Somalia necessary for the prevention of acciderrrs, comply with all laws and regulator with regard to artery, excluding, but without limimdm, the Occupational Safety and Health Ac, of 1970 and all mks and regulatiom issued pmsuanl thereaw Revised 07/2014