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HomeMy WebLinkAbout539869 VOGEL CONCRETE - PURCHASE ORDER - 3215348Fort Collins Date: 01/14/2015 PURCHASE ORDER PO Number Page 3215348 1of2 This number must appear on all invoices, packing sli s and labels. Vendor: 539869 Ship To: STREETS DEPARTMENT VOGEL CONCRETE INC CITY OF FORT COLLINS 6330 S COLLEGE AVE 625 NINTH STREET FORT COLLINS CO 80525 FORT COLLINS CO 80524 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity Ordered UOM Unit Price Extended Price 2015 CONTRACTUAL 1 LOT LS 100,000.00 PER TERMS AND CONDITIONS OF BID 7658 AND 7564 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.mm 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 be City of Fort Collins is exempt from slate ad local taxes. Our Exemption Number is 11. NON WAIVER. 9"502. Federal Excise Tax Exemption Carfare of Registry 84.6000587 is registered with be Collector of Failure of the Purchaser to imist upon strict perfatmantt of be tram and conditions hereof, failure or delay to ]cram) Revenue, Drover, Colorado Ref. Colorado Revised Source, 1973, Chapter 39-26. 114In. exemkse any rights or remedies provided herein or by law. failure to promptly notify be Seller in be event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release be Seller of Goods Rejected. GOODS REJECTED due to failure to meet specifications, Mha wham shipped or due m defied, of any of the warrantiu or obligation of this purchase order aM shall not be, deemed a waiver of any right of be damage in mnsit, my he renamed to you for credit and arc not to be replaced except upon receipt of written Purchaser to insist upon strict Peformance her afor any of its rights or remedies as to my mch goods, regardless instructions from the City riffraff Collins. of when shipped, received or accepted, as to my prior or subsequent default hereunder, we shall any puryorted oral modification or rescission of this purchase order by be Purchaser operate n a waiver of any of the terms Inspmtim. GOODS are subject to the City of Fria Collins inspection on arrival. hereof Final Acceptance. Receipt of the merchandise, smices or equipment in response to this order can result in 12, ASSIGNMENT OF ANTITRUST CLAIMS, authorized payment on the pan of the City of Fort Collins. However, it is to be understood that FINAL Seller and the Purchaser dem,nlze Char in actual ere is practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon completion ofall applicable capital pital inspection procedures. violations are in fact home by the Purchaser. Theretoforeforgood cause and as coraidemtion for executing this purchase Omer, the Seller hereby assign to be Purchaser my and all claims it may now have or hereafter Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Too Collins, CO 80522, unless acquired order faleml or stare moment laws for such overcharges miming to the particular goods or services otherwise speckled on this order. if pmnission is given to prepay freight artd charge separately, the original freight purchased or mquiral by the Purebaur pormand to this purchase order. bill most accompany invoice. Additional charges for parking will not he, accepted - Shipment Distance When mambacNme, have dish baling points in varcurs ports of be country, shipment is expected from the matter distribution point to destimlion, and excess bright will M dedudal boom Invoice when shipments are made from greater. distance. Permits. Seller shall procure at sellers sole cost all cacessary, permits, cerdfcates and licama required by all applicable laws, regulations, moistures and roles ofthe state, municipality, reform, or political subdivision where the work is leafomM, or required by any other duly constituted public mthority ImAngjunsdidion over the work of vendor. Seller duffer agrees m hold the City of Fad Collins harmless from and against all liability and loss barred by them by reason Of as .,mm or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives are, in fact, bona fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stared herein act forth and my supplementary, or additional terms and conditions annexed berm or Incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected m and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot malre complete shipment to arrive an your Promised delivery date as noted. Time is of the essence. Delivery and perfamane, mast be effected within the time dated on the purchase order and be documents attached hereto. No ads of the Pumhasom includin& without limitation, acceptance of partial late deliveries, shall operate as a waiver of asks provision. In be event of any delay, be Purchaser shall have, in addition in other legal and equiable remedies, the option ofplacing this order elsewhere and holding the Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to tames not easonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of God, acts ofcivil or military, authorities, governmental prionties, fires, strikes. flood, epidemics, went or dots provided that notice of the conditions caning such delay is given to the Purchaser within five (5) days of the time when the Seller first received knowledge thereof. 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 warrom s that all goods, onida, materials am work covered by this Omer will conform with applicable drawings, specification, samples andi other descriptions given, will be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with acerytal saMams for work of a similar nature. The Seller agrees a Mld the purchaser worries from my lass, damage or expense which the Purchaser may anther or vicar on account of the Sellers breach Of warranty. The Seller shall replace, repair an make goad, without cost to the pumbecam, my defecu or faults arising within one (I) year or within sash longer perked of time as may be prescribed by law or by the It. of my applicable warranry provided by the Seller after the dare of acceptance of the good ficam ryed hereunder (acceptance not to be unrea»nably delayed), resulting from imperfect err defective work done or materials famished by the Seller. Acceptance or use of good by the Puchaur shall one constitute a waiver of any claim undo this wadanty. Except as otherwise provided in this purchase order. the Sellers liability hereunder shall extend to all damages proximately caused by the breach of any Of the foregoing warranties or guarant., but such liability shall in no event include loss of profits or lass 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 written change order. S. CHANGES M COMMERCIAL TERMS, The Purchaser may make any changes to the team, other can legal ream, including additions to or deletions from the cannabis, originally ordered in the specifications or drawings, by verbal or women change order. If any such change affect be amount due or ale time ofperfommce hereunder, an equitable adjustment shall be made. &TERMINATIONS. The Purehaur nay at any time by wrinen sham, coder, mervinam this maccomvt m a any or all potion of the good then not shipped, subject to any quiable adjustment between the parties as to any work or materials that in progress Provided that be Purchaser shall not M liable for my claims for anticipated profits on be unmmplete l Portion ofthe good arbor work, for formnal or consequential damages, and that no aveh adjustment be made in favor of the Seller with respect to any goods which rum the Sellers mankind stock. No such nomination shall relieve the Purchaser or be Seller army oftheir obligations as to any goods delivered hereunder. 1. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or nomination is ordered, 8. COMPLIANCE WITH LAW. The Seller warrants that all good sold hereunder shall have been produced, sold, delivered and famished in war compliance wit all applicable laws and regulations to which the goods arc subject The Sella shall execute and Deliver such documents as may be required to effect or evidence compliance. All laws and regulation acquired to be, imoryomted in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to indemnify and hold be Purchaser hedmless from all costs and dmnaga su@red by the Purthasn as a result of nc Sellers failure an comply with mch law. 9. ASSIGNMENT. Neither party shall assign transfer, or convey this order, or my monies due or a become due Maunder without the prior wrinen cement of be other party. 10. TITLE. The Seller warrants full, clear and udahictal title to the Purch na for all equipment materials, and items famished in performance of this agreement, free and clear of any and all lien, man fiction, reservation, security interest encumbrances and claims archers. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If be Purchase &men be Seller m roman mnconforma8 a defective goods by a date to be agreed upon by ale Parrebmer arts be Seller, and the Seller thereafter imintes its inability in unwillingness to comply, be Purchaser nay cause be work m be performed by the most a dames mean available to it, and be Seller shall pay all cosy asobadM win such work. The Seller shall release the Purchaser and its commdors of my tier from all liability end claims of any nature exulting from be performance of such work. This release shall apply even in the event of fault of negligence of be party released and shall extend in the directors, ofcers and employees ofsuch pony. The Settees contractual obligations, including wmmnry, shall not be deemed to be reduced, in any way, because such work is performed or caused to be performed by the Purchaser. 14. PATENTS. Whenever be Seller is acquired to use any design, device, commit or process covered by lane, patent, trademark or copyright be Seller shall indemnify and save harmless be Purchmm f my and all claims for infringement by reason of the use of such p cided design, devim, material or process in connection with the contract, aM shall indemnify the Puahner for any cost, expense or damage which it may be obliged to gay by reason of such inGngerrent at my time during be prosecution or after the completion of the work. In case said quipmmt, or any run therm( or ale intended use of the good, is in such suit held to constitute infringement and be use of said quipmmt or part is joined, the Seller shall, at its own expcmc and at its option, eifer, procure for be Purchaser be right to continue using said equipment or puts, replace be same with substantially armed but noninfibu g equipment, or modify it so it becomes no dinfnnging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of nadirors, appoint a recover or trustee for any of the Sellers property or business, this order may forthwith be canceled by be Purchaser without liability. 16. GOVEBNMG LAW. The definitions oFri. used or the interpreed a r of the agreement and be rights of all parties hereunder shall be, camtrual miler and governed by the laws ofne Sam ofColomdo, USA. The following Additional Conditions apply only in uses where the Sella is to perform work hasundn, including the services of Sellers Represent ive(sk On the premises of Minds. 17. SELLERS RESPONSIBILITY. The Seller shall carry an said work m Sellers own disk until ale same is fully completed and accepted, and shall, in case of my accident, destruction or injury in be work and/or materials bed Sellers final completion and acceptance, complete the work at Sellers awn expense and of die scabPacrion of the Functions, When materials and equipment are factional by others for installation or eenchion by the Sella, the Sella shall receive, unload store and handle same at be sire end become responsible therefor as though such materials mdlor equipment 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 occupational disease benefits, to its employees employed on Or in connection with the work covered by this purchase order, anbor to their depeadenu in accordance with the laws of be state in which the work is to be done. The Seller shall also cart, comprehensive gcncral liability including, but not limited to, communist and automobile public liability insurance with bodily injury and death limits of at least Sonfaco in, any one person, S500,000 for any one accident and property damage limit per accident of 5400,g10. The Seller shall likewise require his commamoo, if any, to provide for such compensation and became. Before any of be Schas or his contrurors employees sIW I do any work upon the premises of others, be Sella shall but be Purchaser with a certificme that such compensation and insurance naive been pmvi ins. Such cadiecams mail specify be date when aveh compemadon and imttrmce have been provided. Such ttrofiates shall specify the dose when such compensation and inatimative expires. The Seller agrees owl such comparison— and become shall be mainained until after be entire work is mmpleed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury army kind or nature whauoover to person or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold hnmless the Purchaser and any r all of the Purchasers officers, agents and employees from and against any and call claims, lasses, damages, charges or expenses, whether direct or indirect, and whether to persons or property to which Ne Purchaser may be put or subject by reason of any act, action, neglect, omission or default on be pan of the Seller, any of his contractors, or any of be Sellers or contactors officers, agents or employees. In case my suit or ofer proceedings shall be brought against the Purchaser, or its officers, agents ar employes at any time on account or by reason of my rot, ration, neglect, omission or default of be Sella of my of his abandon, or my of its or their Officers, agents or employees as idlionesaid, the Seller hereby agrees to assume be defense thereof end to defend be same at be Sellers own expense, to Pay my and all costs, charges, attorneys fees and other expenses, my and all judgments that may be incurred by or obained against the Purchaser or my of its a their officers, agents err cmployms in such suits a aver prartaxings, and in eve judgment or other lim be placed upon or obtained against be property of the Puchase, or said podia in or as a insult ofsuch suits or other proceedings, be Sella will at once cause the state to be dissolved and discharged by giving bond or ofctwise. The Seller and his coa.. shall take all salty precautions, finer ish and install all guars nmcsvry for the paroad m of accidents, comply with all laws and regulations with regard to safety including, but without limitation, be Occupational Shfery and Health Act of 1970 and all roles and regulations issued pursumt bade. Revised 09R014