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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 3215352Fort Collins Date: 01/14/2015 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 3215352 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: ELECTRIC UTILITIES CITY OF FORT COLLINS 700 WOOD ST FORT COLLINS CO 80521 Delivery Date: 01/14/2015 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2015 Concrete Repair 1 LOT LS Light & Power PER TERMS AND CONDITIONS OF 7658 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@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 exemptions. By statute the City of Fort Collins is exempt from state =d local taxes. Our Exemption Number is I L NON WAIVER. 98-04502. Federal Excise Tax Exemption Cmificate of Registry 84-WO587 is registered with the Call,, of Failure ofthe Purchaser to insist upon said performance of the terms and conditions hereof, failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Smtutes 1973, Chapter 39-26, 114 (a). amuse any rights or remedies provided herein or by law, failure to promptly notify the Seller in the not 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 to meet specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit may be retumed to you for credit and are not to be replaced except upon receipt of wnaen purchaser to insist upon said performance haedfor any of its rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or ac«pted, as to any prior or subsequent default hereunder, nor shall any purported am[ modification or remission of this purchase order by the Purchaa operate as a waist of any of the beans Inspection. GOODS are subject to fe City of Fon Collins inspection on ariwl. herrol Final Acceptance. Receipt of the merchandise, served or equipment in response to Nis order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. anthorized payment on the pan of the City of Fan Collins. However, it is to be uMerstood fat FINAL Seller and fie Purchaser recognise fat in actual accurate practice, overcharges resulting from antitrust rforr ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations arc in fact home by fie Purchaser. Theretofore, good dome and ss consideration for executing this purchase order, the Sella hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments most be FOB, City of Fan Collins, 900 Wood Sc. Fort Collins, CO 80522, unless acquired under federal or state antitmat laws for such overcharges relating to the particular goods or services mherwise specified on this order. Ifpermission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. bit most accompany invoice. Additional charges for packing will not he accepted. 13. PURCI IASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipment Diwai Where manufaeturers have distributing points in various pans of the country, shipment is If the Purchaser directs the Seller to correct nonconforming or defedive goods by a date tube agreed upon by the expected from the nearest distribution point to destination and excess freight will be deduded from Invoice when Purchaser cord no Seller, and fie Seller thereafter indicates its inability or unwillingness to comply, fie Purchaser shipments are made from greater d'utands. may cause the work to be pea f ed by tbe most expeditious memss awliable m it, =d the Seller shall Pay all count associated with such work. Permits. Seller shall procure at sellers sole cast all aecasvry permits, catifidotes and license required by all applicable laws, regulmimss, enhance. and tales ofthe state, municipality, territory or political subdivision where the work is preformed, or required by any other duly constituted public authority having jurisdiction over fie work of vendor. Seller fuller agree In hold the City of Fort Collins harmless from and against all liability and loss incurred by them by reason of an ®sated or established violation of any such laws, regulations, ordinances, rules and requirements - Authodyation. All panics to this contract agree that the representatives are, in fact, band fide and possess full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits w mote to fie terms and conditions stated herein set fdM and any supplementary or additio=1 terms and conditions missed hereto or incorporeal herein by reference. A, additional or different terms and conditions proposed by seller are objected to and hereby rejedM 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised delivery date as noted Time is of the essence. Delivery and performance must be effected within the time stilted on the purchase order and the documents attached hereto. No acts of the Purchasers including, without limitation, acceptance internist late deliveries, shall operate as a waiver of tlds provision. In the event of any delay, the Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and bolding fie Seller liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which tan beyond its reasonable control and without its fault of negligence, such was of cod, scar of civil or military arguments, governmental priorities, fires, strikes, flood, epidemics, wars or riots prosidd that notice of the conditions dousing such delay is given to fie Purchaser within five (5) days of fie time what the Sella first received knowledge then of In the event of any such delay, she date of delivery shall be extended for the period equal to fie time soundly lost by reaon ofthe delay. 3. WARRANTY. The Sella comments that all goods, articles, -,crisis and work covered by this order will conform with applicable drawings, specifications, samples anchor other descriptions given, will be fit for the purposes intended, and Performed with fie highest degree of care and competence in accordance with accepted standards for work of a similar =hire. The Sella agrees to hold the pu-Facer harmless from any lass, damage or expense which fie Purcase hr may surfer or incur oa acwum of fie Sellers breach of wananry. The Sellershall replace, mpav or make good, witheut cdsno fe purchaser, any defers or faults arising within one (1) year or within such longer dried of time m may be presrnbes by law or by fie terns of any applicable wamoty provided by the Sella after the daze of acceptance of file goods famished hereunder (aceptanse tat to be urereaso=bly delaydh resulting from imperfect or defctive work done or materials f ishcd by the Seller. Acceptance or use of goods by fie Purchase shall not institute a waiver of my claim under this watmnry. Except as otherwise provided in this purchase order, fie Sellers liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties or guamated, but such liability shall in an event include loss of profits or loss of me. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES B4 LEGAL TERMS. The Purchaser may make changes to legal terms by wriam change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to fie terms, other than legal tenant, including additions I. or ddefic ns from the quantities originally ordered in fie spaificauam or drawings, by verbal or cam. change make. If any such change affects fie amount due or the time ofperfmmmce hereunder, an equitable adjustment shill be made. 6. TERMINATIONS. The Purchaser may at any lime by wdnen cbange it., terminate this agreement as to any or all pinions of the goods then not shipped, subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purchaser shall not be liable for any claims for anticipated profits an the uncompleted portion of the goods other work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect 10 any goods which are the Sellers standard stock. No such termination shall relieve the Pmchazer or the Seller of any of their obligations as to any goods delivered hereunder. J. CLAIMS FOR ADJUSTMENT. Any claim fat adjustment most be mounted within thirty (30) days man fie date fie change or temtirmtioo is ordered. 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and punished in strict compliance with all applicable laws and regulations to which the goads are subject. The Sella shall execute and deliver such documenm as may be required to effect or evidence compliance. All laws and regulations required to be ndmi ntd in agreements of this chaff r arc hereby incoryomted herein by this reference. The Seller agates to indemnify and hold the Purchaser harmless from all costs and damage su fiell by the Purchaser as a result of fie Sellers failure to comply with such law. 9. ASSIGNMENT. Neither parry shall assign, transfer, or convey this order, or my monies due or to become due hereunder witheut the prior wrinen consent ofthe other parry. 10. TITLE. The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished in performance of this agreement, five and clear of any and all liens, restrictions, reservations, security interest cncumbmnce and claims of othen. The Sella shall release fie Purchaser and its .,met. of any tier from all liability and claims of any =toe resulting from the perform and, ofsuch work. This release shall apply even in the event of fault of negligence of the parry released and shall extend m the directors, oMeers and employees of such any, The Seller's contractual obligations, including womanly, 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. Whandef fie Sellers ,rumpo use any design, device, material or priers rovand by lend, put pradarack or copyright the Sella than iMemnify and save harmless fie Puafisser cam any and all claims for infringement by reason of fie use of such patented design, device, material tar Pori in connection with fie tmmmct and shall indemnify the Purchaser for any test expense or damage which it maybe obliged to pay by reason of such infringement in any time during the prosecution or after the completion of the work. In case said equipment, or any pan thereof or the intended use of the Radii, is in such suit held to constimm infringement and the use of said equipment or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the fight to continue using said equipment or pans, replace the same with substantially abroad but warrifringing equipment, or modify it so it becomes oordsGrnging. 15, INSOLVENCY. If the Seller shall become insohad or bmhmp , make son assignment for the benefit of creditors, appoint a heat or trustee fat troy of fie Seller property or business, this order may forthwith be canceled by the Purchaser withem liability. 16. GOVERNING LAW. The definitions of terms used or the interpretation ofthe agreement and the rights of all panics hereunder shall be conshued under and governed by the Is. offs State of Colomdd, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including fie services of Sellers Represenmtive(s), on the premises ofofe¢ IT. SELLERS RESPONSIBILITY. The Seller shall carry on said week w Sellers own risk until the same is fully completed and averted and shall, in dose of any accident destruction or injury to fie work =dtor materials before Sellers final completion and acceptance, complete the work in Sellers own expense ➢ al to the satisfaction offe Purchaser. When maerials and equipment arc famished by others for installation or erection by tbe Seller, the Seller shall receive, unload, store and handle same at fie site and became responsible therefor as though such maturing, dral equipment were being furnished by fie 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 employee employed on or fir connection with the work covered by this purchase order, andtor to their dependents in accordance with the laws of fie state in which the work is to be done. The Seller shall also carry romprehensive gateral liability including, but not limited f, contract cold automobile public liability promise with not ily injury and death limits of at leant s300,000 fat my one pasan, s500,00o for any one accident and property damage limit per accident of $400,000. The Sella shall likewise require his contractors, if any, to provide for such compendium and assurance. Before any of fie Sellers or his contractors employees shall do any work upon the premises of others, fie Seller shall famish the Purchaser with a certificate that such compensation and insurance have been provided. Such cenificaes shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees that such compensation and insurance shall be maintained until and the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire rapmssibility and liability far a, and all damage, loss or injury ofany kind or =tare whatsoever to persons or property caused by or resulting from the execution of the work provided for in this Roadhouse order at in connection herewith. The Sella will indemnify and held harmless fie Purchaser and any or all of fe Purchasers officers, agents and employees from and against any and all claims, losses. damages, charges or expenses, whether direct or indirect and whether to persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect, omission or default on fie pan of the Sella, any of his ontoodu s, or any of fie Sellers or ontractors 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 reason of any act, action, neglect, omission or default ofthe Seller of my of his contractors or any of us or their officers, agents or employees as aforesaid, the Seller hereby agree to assume the defense thereof end to defend the same at fie Sellers own expense, to Pay any and all costs, charge, attorneys fees cord ofer expenses, any and all judgments tndt may be founded by or obtained against fie Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, pact in case judgment or other lien be placed upon or obtained against fie property ofthe Purchastt, or said panics in in as a mull ofsuch suirs of other puxedings, fie Sella will in once cause the same in be dicwlvd and discharged by giving bond or otherwise, The Sella and his contractors shall take all safety precautions, famish and install all Rapids necessary for the intervention of accidents, comply with all laws and regulations with regard to safety including, but without limitation, the Occupmional Safety and Health Ad of 1970 and all roles aM regulations issued pursuant Tarim. Revised 07Q014