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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 3215328Fort Collins Date: 0111312015 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3215328 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: WATER UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/13/2015 Buyer: PAT JOHNSON 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 Extended Ordered Price 2 2015 Blanket Order 1 LOT LS 60,000.00 Utilities concrete 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. 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 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. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fon Collins is exempt from sate and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Candace of Registry 84-6000589 is registered with ore Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapala 39 26,114 fa). Goods Rejected. GOODS REJECTED due to dolorous meet specificatoes, either when shipped ar due m defects of damage in narssit, may b, mined to you for credit and are nor to he replaced except upon receipt of "am instructions! the City ofFort Collins. Inspection. GOODS me subject to ore City ofFort Collins inspection on amvad. Final Acceptance. Rasipr of the merchandise, services or ryuipmmt in cespome m Nis more' can result in ,comrired pymml an the per, of ore City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is dcpcndent upon completion troll applicable raryinal inspection procedures. Emilia To.. Shipments most he F.O.B., City of Fort Collins, 900 Woad St, Fun Collins, CO 80522, unless otherwise specified on his order. If permission is given to prepay freight and charge separately, Me original freight hill man.xenmtunv imnme. Additional charees for mocking will ant be acemted. Shipment Distance. Whom manufacturers have disnibming in, in various pros of the armay, shipment is expected tram the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, andimmees and roles of the state, mmicipalay, territory or political subdivision where the work is performed, or haoral by any other duly constituted public normal, having jurisdiction .,or the work of vendor Seller further minas ,, hold the City of Too Collins harmless from and against all liability and loss incurred by them by racoon of an asserted or established violation of any such laws, regulations, ordinances, roles and rryuimments. Authorization. All panics m this contract agree that the rcpommentives are, in fact, bona fide and possess full and ample¢ authority to bind said panto. LIMITATION OF TERMS. This Purchase Older expressly limits arc,,. to the toms and conditions noted herein set forth and any supplementary or Milan ) orrm and conditions annexed herein or incorporated herein by ref once. Any additional or dinemnt on. and conditions proposed by seller arc objected to and hereby rejared. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately ifyou cannot make complete shipment to naive on your premised delivery Jute as noted. Time is of the essence. Delivery and perfomane most be eft ted within the time sotal on the purchase order end Me documents mainland harem. No co of the Piumners including, without limitation, acceptance of partial Into deliveries, shall operate m a waiver of this provmion. In the evem of any delay, Me Punhawa shall have, in addition to other legal aM expandable remedies, Me option of placim this order elsewhere and holding the Seller liable for damages. However, ore Seller shall not 1>e liable for damages as a result of delays due to causes not eoasorably foreseeable which arc beyond its mumnable control and without its fault of negligence, such acts of God, acts ofcivil or military authontiw, govemmmtal priorities, fires, strikes, flood, epidemics, wars or now provided and notice of the conditions causing such delay is given to the Prosser within five (5) drys of the time when the Seller fall received knowledge thereof. In Me went of my such delay, the date of delivery shall he exh ndi for ore period mind to the time actually lost by cousin of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work tonal by Nis order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed with the highest degree of cart and compnence in accordance with accepted standards for work of a similar nature. The Seller agau to hold the purchaser harmless from my loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach ofwananty. The Seller shall replace, Tapir or make good, without cost to the purchaser. any defects or faults arcing within one (1) year or within such longer pa ild of time us may be prescribed by law or by the rears crony applicable warranty provided by the Seller after the date of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfect or defective work done or materials famished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim under this womary. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pare macely caused by the breach of any of the foregoing varramies or guarantees, but such liability shall in no event include loss 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 teats by w rttm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other Nan legal loan, including additions to or deletions from IM quanuues originally ordered in the specifications or drawings, by verpal m wnnen change oNm If any such change affects the amount due or the time of performance hereunder, an intuitable adjustment shall be made. 6. TERMINATIONS. The Purchaser may at any time by wnnen change order, tannic this agreement as to any or all poriom of the goods Men rot shipped, subject to any equitable adjrtsonen' between Me parties as to my work or materials then in progress provided that the Purchaser shall not be liable for my claims for anticipated muf x on ore mcomplxed pomim of the goods maker weak, for incidental or comequamad courni and that an such rdjmonal be made in favor of the Seller with aspect m my goods which are the Sellers standard stock. No such lamination shall relieve the Punh ser or the Sella army of their obligations as to my goods delivered beremder. ]. CLAIMS FOR ADJUSTMENT. - Any claim far adjusumenl mat be asserted within thing (30) days from the date ore change or remioation is Ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have ben produced, sold, delivered and furnished in strict compliance with all applicable laws and regulatiom to which Me goods me subject. The Sella shall execute and deliver such documents as may be required to efat or evidence compliance. All laws and regulations ranged to be incorporated in agreements of this character are hereby momfg raced herein by Nis reference. The Seller agrees to indemnify and hold the Purchaser harmless from all costs and damages coffer d by the Purchaser as a caull of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither party shall mago, Iranian, ur convey this color, or any monies due or to become due hereunder without the print women consent of the other party. Ill. TITLE. The Seller warrants full, clear and muss icad title to the Purchaser for all ryulpmena, commands, and items famished in performance of Nis agreement, fire and claw of any and all liens, resoichom, resmations, mainly interest encumbrances and claims of others. 11. NON WAIVER. Failure of the Purchaser to insist upon strict performance of the terms and marditiore hereof, (allure or delay to exaciso any rights or remedies provided herein or by law, failure to promptly notify the Sella in the event of a branch, the acceptance ofor payment for goads hereunder or approval of the design, shall rot relsom the Seller of any of the warranties or obligations of this purchase order and shall dual be dttmal a waiver of any right of the pachw r m insist upon strict performance herrofor any of is rights ar remedies m to any such goods,regardless of when shipped, received or accepted, as m my prior or subsequent default hereunder, nor shall my purported am] modification or rescission of rids pmchae, order by the purchaser Operate as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaztt recognise that in actual economic practice, overcharges resulting from radical violations arc la fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafts' acnuiod under federal or sate actimut laws for such overcharge relating W the Wrricular goods or service purchased or acquired by the Punhaztt Pursuant N Nis purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to comet nonconforming or defective goods by a time m be agreed upon by the Purchaser and the Seller, and Me Sella thereafter indicates its inability or unwillingness to Comply, 'he Fundament may cause the work to be performed by the ..in expeditious meant available to it, and the Seller shall pay all costs associated with such work. The Seller shall release the Purchaser and its contractors of any tier from all liability and claims of any nature resulting from the performance ofsuch work. This release shall apply even in the event of fault of negligence of the party released and shall extend la the directors, Officers and employees riawla pang. The Seller's contractual obligations, including war ary, shall not he deemed to b, reduced, in my way, because such work is performed or crowd to be perfumed by the Purchaser. 14. PATENTS. Whenever the Seller is restored in use my design, device, armorial or process covand by lever, plant, trademark or copyright, the Seller shall indemnify and save harmless Me Purchaser from any and all claims for infringement by rcmon of the use of such planted design, device, material or process in connection with the contract, and shall indemnify the Purchaser for any cast, cxpenw or damage which it may be obliged to pay by reamer of such infringement many time during the prosecution or after ore completing of the work. In case said equipment, or any pan thereof or ore intended use of the goods, is in such suit held to constirme infringement apt ore use of said equipment or Part is enjoined, the Seller shall, at its own expense and at its option, either promos for ore Formal ore right to continue using said ryuipmm' or Farm, replace the mine with subsrmlialy moat but naninfringing equipmmt, or modify it so it becomes maiaGnging. 15. INSOLVENCY. If the Selltt shall become cowherd or bankrupt, make Our assignment for ore benefit of modicum, appoint a or costa for my of the Imagism, or bus., this under may forthwith be canceled by the Parchmcr without liability. 16. GOVERNING LAW. The definitions ofterms used or the nomination afore agreement and the rights of all posies hereunder shall he comrmed under and Mwemed by the laws ofthe Sam ofColomdo, USA. The following Additional Conditiom apply oNy in cases where the Sella is to Perform work hereunder, including the services of Sellers Reprommustive(s), on the premises mothers. IZ SELLERS RESPONSIBILITY. The Sella, shall cart, on said walk at Seller's own ask until the same is fully completed and accepted, and shall, in use of any accident, destruction or injury to the work and/or materials before Sella's final completion and acceptance, complete the work at Sellers own expense and to the satisfaction of the Purchaser. When materials and equipment are famished by others for installation or minion by the Seller, the Seller shall receive, unload, stare and handle same at the sire and become respamible therefor to though such materials mallow equipment were being furnished by the Seller under the order. 18. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including compliant] disease benefits, to its employees employed on or in connection with the work covered by this purchase order, anrVar to their depeMenes in accordance with the law, of the mile in which the work is to be done. The Sella shall also tarty comprehensive general liability including, but not limited to, contractual and automobile public liability iruumrrce with Miily injury and death limits of at lest S311grarl for any one person, S5nOpo0 for any one accident and property damage limit par accident of $400,000. The Sella shall likewise Iequire his conartmors, if any, m provide for such mmPensoma and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of orders, the Sella shall famish ore Purchaser with a catificam that such compensation aM agronomic have been provided Such cenificdtes shall gasify the date whin such compensation and insurance have been provided. Such cafficates shall specify the date when such m n gra lion and insurance expires. The Seller agrees Nat such compensation and iournnce shall he maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sailer hereby assume Me more respomLiliry and liability fm my and all dawge, loss or injury of my kind or nature whatsoever to parsom or Property mused by or resulting from the execution ofthe work provided for in this purchase order or in connection hcwwirR The Seller will indemnify mad hold harmless Ne PunM1azcr and my r all of the Purchasers officers, agents and employees (rum and against any mad it claims, losses, damages, charges or expense; whether direct or indirxt, and whether m persons; or p open to which the Pmchesa may be put or subject by reason of my act, action, neglect, omission in default on the pm of the Seller, any of his contractual, or my of the Sellers or contractors officers, again or employes. In case any suit or other proceedings shall b, brought against the FmeM1aztt, or its officer, agents in employees ad my time on account or by reason of any act, scion, neglect, omission or default of the Seller of any of his contractors or my of its or their officer, agents or employees as afio said, the Sells hereby agrees to assume the defense thereof and to defend the same arthe Sellers own expense, to Pay any and all costs, charge, momrys fees and other expenses, my and all judgments that may be incurred by or obtained against the Puahoer or any of its or their officers, agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or obtained against the property of the Purohastt, or said panics in or as a result of such suits or other proceedings, the Seller will in once cause the same to be dissolved and discharged by giving bond or Otherwise. The Seller and his wmmctors shall hike all safety precautions, Parrish and install all guards necessary for the prevention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all roles and regulations issued pursmntthemo. Revised O7n014