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HomeMy WebLinkAbout539869 VOGEL CONCRETE INC - PURCHASE ORDER - 9150319Fort Collins Date: 01/14/2015 Vendor: 539869 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9150319 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ENGINEERING DEPT-MASON CITY OF FORT COLLINS ENGINEERING DEPT-MASON 281 N. COLLEGE AVE FORT COLLINS CO 80524 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price STC Detention Pond Repairs 1 LOT LS 16,600.00 Total $16.600.00 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@fogov.00m 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 examptions. By statute the City of For Collins is exempt from state and local taxes. Our Exemption Numbs is 98-04502. Poland Excise Tax Exemption Canifcam of Registry 84-6000587 is ragistemf with the Collector of Interco] Revenue, Denver, Calmado (Ref. Colomdo Revised Statures 1973, Chapter 39-26, 114 (a). Gaod Rejected. GOODS REJECTED due to failure to meet sperifiations, either when shipped or due m defcts of damage in Main, may be resumed to you for credit and are not to be replaced except upon receipt of written instruction from the City of Fort Collins. _ Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. - Final Acceptance. Receipt of the merchandise, savvicas or equipment in response to this order can result in authorized payment on the par of the City of Pon Collins. However, it is to be understood that FINAL, ACCEPTANCE is dependent upon completion .fall applicable required impaction procedures. Freight Tenon. Shipments most be TOM, City of I. Collins, 700 Woad St, Fon Collins, CO 80522, unless otherwise specified on this other. Upermission is given to prepay freight and charge separately, the original freight bill most accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where workstations have distributing points in various pans of the country, shipment is expected from the nearest distribution point to dowast ion, and excess freight will be deducted from Invoice when shipments ere made from grwur distance. Permits. Seller shall procure an sellers sole cost .11 necessary pnmis, ceni0catm and license raluined by all applicable laws, regulations, ordinances and miss of the sure, municipality, territory or political subdivision where the work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vend.,. Seller former agrees a hold the Ciry of Fan Collins harmless from and against all liability and loss incurred by them by reason of an asserted or established smialion of my such laws, optimism ordincnces, rules and aquirami t, Authorimtion. All parties to this contract agree that the reprenenumvu are, in fact, bona fide and possess full and complete nutho n, to bind said paies. LIMITATION OF TERMS, This Purchase Order expressly limits acceptance to the terns and candhlons sired herein set forth and any supplementary or additional terms and conditions amexd hereto or incorponmd herein by refereme. Any ddifimv l or different terms and conditions pmpmd by seller are objected to and hereby reject. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if,w cannot make complete shipment m arrive on your promised delivery date as noted. Time is of the essence. delivery and performance most be effected within the lime stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without heratatlon, acceptance i fpanial late delivaia, shall operate as a waiver ofthis provision. In the event ofany delay, the Purchaser shall have, in addition to other legal and Namable ramedies, the option of placing this order elsewhere and holding the Seller liable far damages. Howcvee the Sella shall ram be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its rawwble cannot and without its fault of negligence, such nets of God, acts ofeivil or military authorities, govemmenml priorities, For, wages, food, epidemics, wars or now provided that notice of the conditions causing such delay is given to the Purchaser within live (5) days of the nine when the Seller first received knowledge thereof In the event of my such delay, the dam of ddivary shall he extended for rise period Nil to the time actually last by reason ofthe delay. 3. WARRANTY. The Seller watroul that all goads, articles, materials and work covered by this order will conform with applicable )swings, spaifrcations, samples and/or other descriptions given, will be fit for fie purposes intended, and performed with the highest degree of care and competence in accordance with accepted standard for work of a similar ,are The Seller agrees to hold the pmchue, Final. from any loss, damage or expeme which me Puchaxer may suffor or incur on account of the Sellers broth ofwwMd,. The Seller shall replace, repair or Mike good, without cast to the purchaser, any defcds or faults nosing within one (I) year or within such longer peed of time as may be prescribed by law or by the team of any applicable warranty provided by the Seller after the data of acceptance of the goods famished hereunder (acceptance not to be unreasonably delayed), resulting from imperfal or defective work done or materials burnished by the Sella. Acceptance or use of good by the Purchaser shall nut constitute a waiver of any claim code, this warmw,. Except as otherwise provided in this purchase order, the Sellers liability hrreuder shall extend to all damages proximately somd by the bra<h of any of the foregoing whowties or guamntces, 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 change to legal terms by "an change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than lend mars, including addition to or deletions firm fir .... li iea onglndly ordered in the spcdfomlrm or drawings, by verbal or wmm change order. If any such change affects the amount due or the time of performance hereunder, an a inimkde adjustment shall be made. 6. TERMINATIONS. The Pmchsser may at any time by wromen change order, ternmente this agreement a5 to my or all i—tiones of the goods then not shipped, subject many extricable djutment between the panim as many work or materials then in magmas provided Nat the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion of the gads and/or work, for incidental or core yueatinl damages, and that no such adjustment be made in favor of the Seller with respect to any gaols which me the Sellers standard stock. No such lamination shall relieve the Purchaser or the Seller ofany of their obligation as to any good delivered hereunder. T CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within daisy (30) daya (rem the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella commas that all goods sold hereunder dull have been produced, sold, delivered ad f mand in strict compliance with all applicable awn and regulation to which the goods art subject, The Sella shall execute ad deliver such documents as may be chaparral to effect or evidence,..reliance. All laws real regulaiom required to Ise incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify end hold the Purchaser harmless from all costs and damages wffard by the Purchaser m a result of the Sellers failure to comply with such how. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or My mamas due or to become due hamunder without the prior writen content ofthe other parry. 10. TITLE. The Sella wmmnls fall, clear end amestrictd title to the Purchaser far all equipment, materials, ad it. fumished to performance of Nis agreement, f and clear of any and all lien, restrictions, reservations, security interest encumbrance and claims afmlrers. I L NONWAIVER. Failure of the Purchaser to insist upon stria pert area of the W. and mWin.. hereof, failure or dill 1. exercise any rights or remedies provided herein or by law, failure to promptly notify the Sella in Or, event of a breach, the acceptance ofor payment for goods hereunder or approval ofthe design, shall but release the Sella of tiny of the associates or obligations of this purchase order and shall not be dermal a waiver of any right of the purchaser to insist upon ruin performance hereofor any of its rights or remedies as to any such goods, regardless of when shipped, received or accepted, as many prior or subsequent default herrunda, nor shall any puryocted oral modification or rescission of this purchase order by the Purchaser opens, as a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violatioaser. ns art in fact home by the Purch. Theretofore, far goad cause and as comadention for awaiting this purchase order, the Seller hanky assign to the Purchaser any oral all claims it may now have or hereafter wanted under federal or state antitrust laws for such overcharges reining to me particular good in services pmchaud or acquired "a Purchaser pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming or defective good by a dam to be agreed upon by the Purchaser and the Sella, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may came the work as be pi f smad by the most expeditious means available m it, and the Seller shall pay all costs associated with such work. The Seller shall release the Pmchasw and in comments of any tier, from all liability and claims of any ware esullin, form the paf smrrom ufsuch work. This release shall apply even in the event of fault of negligence of Ur, party released and shall extend 1. the shoselors, oRcers ad employees ufsuch parry. The Sellers ... .,.a] obligations, including whai shall not be de rod n be reduced, in any way, because such work is performed or wood m be perform! by the Purchaser. 14. PATENTS. Whenever the Seller is rerryired to use my design, device, material or process covered by letter. patent, tmdemak or copyright, the Seller shall idemnify and save harmless the Purebacar from any ad all claims for infringement by romp of the use of such patented design, devitt, mamnal he process in connection with the canmct, and shall indemnify the Purchaser for any and, expense or damage which it may be wligd 1. pay by reason of arch infringement at any time during the prosecution or after the completion of the work. In case said equipment, or my pan thereof or the intended use of the good, is in such suit held to constitute infringement and the ase of said equipment or par is enjoined, the Seller shall, it its own in/ion. and al its option, either procure for the Purchasrr me right to continue to, said ryuipmem or pans, replace the same with substantially equal but noninGnging rquipment, or modify it so it becomes noniNnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a or trustee for any of the Sellers property or business, this order may forthwith be anccled by the Punchiest without liability. b. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all parties hereunder shill be comtpud under ad governed by the laws riche Stain ofC.Iorod., USA. The following Additional Conditions apply only in cases inhere the Sella is to perform work heeunder, including the services J'Sall. Represenutive(s), on the practise af.thers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on asid work art Sella, own risk ..,it the soma is fully completed and accepted, and shall, in case of any accident, destruction or injury to the work sombre materials before Seller's final completion and aecapanam. complete the work at Sellers own expense ad to the satisfaction of the Lambasts. When materials ad Nuipment art fumahal by others for retaliation in examon by the Sella, the Sella shall receive, mdod, stare and handle setae at the site ad become responsible therefor as though such mmenals andor equipment were being funiishd by the Seller under the order. 18. INSURANCE. The Seller shall, at his awn expense, Provide for the payment of workers compensation, including occupational disease hmafits, to its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in aeeodanre with the laws of the state in which the work is m be dmr,. The Seller shall also awry comprehensive general liability including, but not limited a, cormorant and aatomtmbile public liability insurance with bWily injury and death limits of at least 5300.000 for mry one person, $500,1)1 for any accident and property damage limit per accident of $400,000. The Sella shill likewise require his cormadors, if my, to provide for such compensation and insurance. Before my of the Sellers or his contractors employees shall do my work upon the premises of others, the Sella shall Finnish the Purchaser with a cenifiate Out such compenatioa and insurance have been Provided. Such certificates shall specify the dam when such anmptorium and insurance have ban provided. Such arriGcatu shall specify the date when such temperament d insurance capons. The Seller agrees that such compensation and macrame shall be maintained until after the ¢rein ..,it is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seiler Mreby acwmcs the entire responsibility and liability for my red all damage, loss or injury of any kid or ware whatsaeaer an pnwm or property firmed by or resulting (rem the execution off, work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harenlrss the Purehver and coy or all of the Purchasers offers, agents and employees from end against any and all claims, imam, damages, charges or expenses, whether direct or indirect, and whether to Tritium or property to which the Purchaser may be par or subject by reason of coy act, action, neglat omission or default on the pan of the Seller, any of his contractors, or any of the Sellers or mmracton officers, agents or employees. In case my suit or other proceedings shall be brought against the Franchiser, or its oBicars, agents or employees at my time an ucomt or by ream. of my act, action mica omission or default of the Sella of My of his contractors or my of its of their officers, agents or employees M aforesaid, the Seller heeby agrees to assume the de@ens, thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or My of its or their officers, agents or amployas in such suits or other proceedings, and in cam judgment or other lien be placed upon or obtained against the privately, of the Purchua, or said panic in or as is resat of such suits or other ptoatifi , the Seller will at once souse the same to be dissolved and dkschargal by giving band or otherwise. The Sella nnd his contractors shall take all safety praaatiom, British and install all goad namarry for the pmrntim of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupational Safety ad Health Act of 1970 and all pules and regulatiom issued pursuant thereto. Revised 07a014