HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9957592City of";`,<,�
F6rt Collins
Page Number: 1
Date: 12/21 /2009
Purchase Order Number: 9957592
Delivery Date: 12/21/2009 Buyer: STEPHEN, JOHN
Purchase Order number must appear on invoices, packing lists, labels, bills of lading, and all correspondence.
Note:
Line Qty/Units Description Extended Price
1 1 LOT 39,963.60
Concrete repair at
Transfort Trilby facility
PER WORK ORDER # GEN-03-2009
AND INCLUDES DAVIS BACON WAGES.
Total $39,963.60
�' -.7— Invoice Address:
City of Fort C in Director of Purchasing and Risk Management City of Fort Collins
This order is n thalid over $5000 unless signed by James B. O'Neill II, CPPO Accounting Department
City of Fort Collins Purchasing, PO Box 580, Fort Collins, CO 80522-0580 PO Box 580
Phone: 970-221-6775 Fax: 970-221-6707 Email: purchasing@fcgov.com Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
Tax exemptions. By statute the City of Fort Collins is exempt font state and local taxes. Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000597 is registered with the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a)_
Goods Rejected. GOODS REJECTED due to failure to meet specifications, either when shipped m due to defects of
damage in transit, may be returned to you for credit and are not to be replaced except upon receipt of written
instructions from the City of Fort Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection on arrival.
Final Acceptance. Receipt ofthe merchandise, services m equipment in response to this order can result in authorized
payment on the part ofthe City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins, CO 80522, unless
otherwise specified on this order. I fpennission is given to prepay freight and charge separately, the original freight bill
must accompany invoice. Additional charges for packing will not the accepted.
Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected
from the nearest distribution point to destination, and excess freight will be deducted horn Invoice when shipments are
made fi om greater distance.
Permits. Seller shall procure at sellers sole cost all necessary pennits, certificates and licenses required by all applicable
laws, regulations, ordinances and rules of the state, municipality, territory m political subdivision where the work is
performred, or required by any other duly constituted public authority having jurisdict ion over the was of vendor.
Seller fimher agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by
reason of an asserted or established violation of any such laws, regulations. ordinances, rules and requirements.
Authorization. All parties to this contract agree that the representatives ate, in fact, bona fide and possess fill :and
complete authority to bind said parties.
LIMITATION OF TERMS. This Purchase Order expressly limits acceptance to the terns and conditions stated herein
set forth and any supplementary or additional terns and conditions annexed hereto or incorporated herein by reference.
Any additional or different terns and conditions In by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arise on your
promised delivery date as noted. Time is ofthe essence. Delivery and performance rust be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation, acceptance ofpartial late deliveries, shall operate as a waiver ofthis provision. In the event ofanydelay, the
Purchaser shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere and
holding the Seller liable lot damages. However, the Seller shall not be liable for damages as a result of delays Clue to
causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts
of God, acts of civil or military authorities, governmental priorities, tires, strikes, flood, epidemics. was or riots
provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe time
when the Seller first received knowledge thereof. In the event o f 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 warrants that all goods, articles, materials and work covered by this order will cantonal with applicable
drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and performed
with the highest degree of care and competence in accordance with accepted standards for work ofa similar nature.
The Seller agrees to hold the purchaser harmless from any loss, danmge or expense which the Purchaser nmay suffer or
incur on account ofthe Sellers breach of warranty. The Seller shall replace. repair or make good, without cost to the
purchaser, any defects or faults arising within one (1) year or within such longer period of time ;s tiny be prescribed by
law or by the terms of any applicable warranty provided by the Seller after the date of acceptance of the goods
fumished hereunder (acceptance not to be unreasonably delayed), resulting from innperfect or defective work done or
materials 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 hereunder shall
extend to all damages proximately caused by the breach of any of the foregoing wan'anfies or guaantees, 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 my make changes to legal terms by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes to the terms, other than legal terms, including additions to or deletions f -out the
quantities originally ordered in the specifications or drawings, by verbal or written change order. I f any such change
affects the amount due or the time of performance hereunder, an equitable adjustment shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change order, terminate this agreement as to any or all portions ofthe goods
then not shipped. subject to any equitable adjustment between the parties as to any work m naterials then in progress
provided that the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor dithe Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller of any of their obligations as to any goods delivered hereunder.
7. CLAIMS FOR ADJUSTMENT.
Any claim for adjustment must the asserted within thirty (30) days fiont the date the change or termination is ordered.
S. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and furnished in strict
compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute and deliver
such documents as tray be required to effect or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character are hereby incorporated herein by this reference. The Seller agrees to
indemnify and hold the Purchaser harmless from all costs and damages suffered by the Purchaser as a result ofthe
Sellers failure to comply with such law.
If and only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXVIII ofthe Colorado Constitution ("Article XXVIII"), then the provisions of Section 15ofArticle XXVIII
are hereby incorporated into this [Agreement]. In such a case. if the [Contractor] or any other person who is a
"contract holder" as defined in Section 2(4.5) of Article XXVIII intentionally violates Section 15 or Section 17(2) of
Article XXVIII, then the [Contractor] agrees it shall be ineligible to hold any sole source government contract, or
public employment with the state of Colorado or any of its political subdivisions, for three years.
9. ASSIGNMENT.
Neither party shall assign, transfer, or convey this order, or any monies due in to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
The Seller variants full, clear and unrestricted title to the Purchaser lit all cgnipntent, materials, and itents fumished in
performance of this agreement. flee and clear of any and all liens, icsoictions, reservations, security interest
encumbrances and chains of others.
11. NONWAIVER.
Failure of the Iurchaser to insist upon strict perfomance of the ions and conditions hereof; failure or delay to
exercise nttyrights or remedies provided herein or by law, fhilure to promptly nobly the Seller in the event ofa hreach,
the acceptance of or payment for goods hereunder in approval of the design, shall not release the Seller of any of the
van inties or obligations of this purchase order and shall not to deemed a waiver of any right of the purchaser to insist
upon strict performance hereof m any of its rights or remedies as to any such goods, regardless of when shipped,
received or accepted. as to any prior or subsequent default hereunder, not shall any purported oral nnodific:uion or
rescission of this purchase order by the Purchaser operate as a waiver of any of the terns hereof.
12. ASSIGNMENTOF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are
in fact home by the Purchaser. Theretofore, fur good cause and as considcmtion fix executing this purchase order. the
Seller hereby assigns to the Purchaser any and all claints, it may now have or hereafter acquired under federal or state
antitrust laws for such overcharges relating to the particular goods or services purchased or acquired by the PL-IlaSer
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to collect nonconforming or defective goods by a date to be agreed upon by the
PUr'Clase'r and the Seller, and the Seller thereafter indicates its inability or umvillingness to eonhply, the I'urchascr nnay
cause the work to be performed by the most expeditious means 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 net- tom all liability and claims of any natre resulting
from the performance of such work.
This release shall apply even in the event of f:nult of negligence of the patty released and shall extend to the directors,
officers and cnnployees of such patty.
The Seller's contractual obligations, including wammnty. 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 the Seller is required to use any design, device, material m process covered by letter. patent. trademark or
copyright, the Seller shall indemnify and save harmless the Purchaser fixon anv and all clainns for infiingentent by reason
ofthe use ofsuch patented design, device, naterial or process in connection with the coat ict. and shall indemnify the
Purchaser Poi any cost, expense or damage which it may be obliged to pay by reason ofsuch inli ingennent of any tine
during the prosecution or after the completion ofthe work_ In case said equipment, or any part thereofor the intended
use of the goods, is in such suit held to constitute infiingement and the use of said equipment or pat is enjoined, the
Seller shall, at its own expense and at its option, either procure tie the Purchaser the right to continue using said
equipment m pans. replace the same with subsmntiallyequal but nun-inli iugitg equipment, or modify it so it bey ores
non -infringing
15. INSOLVENCY.
Ifthe Seller shall become insolvent or bankrupt, nuke an assiennnent for the benefit ofcreditors, appoint a receiver or
trustee lot any of the Sellers property or business, this order nnuy fixthhvilh be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terns used m the interpretation ofthe agreement and the rights of all parties hereunder shall be
construed under and governed by the laws ofthe State of Colorado, USA.
The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the
services of Sellers Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall enr'y on said work at Seller's own risk until the same is fully cnnhpleted and accepted, and shall. iu case
of any accident, destruction or injury to tine work and/or materials befoi e Seller's final completion and acceptance,
complete the work at Seller's own expense and to the satisthet ion ofthe Purchaser. When materials and equipnrenure
fiumished by others for installation or erection by the Seller, the Seller shall receive, unload. store and handle same at
the site and become responsible therefor as though such materials and/or equipment were being furnished by the Seller
nudes the order.
19. INSURANCE.
The Seller shuli, at his own expense, provide for the payment ofworkers compensation, including occupaional disease
benefits, to its employees ennployed on or in connection with the work covered by this purchase order, aneVor to their
dependents in accordance with the Eras ofthe state in which the work is to be done. The Seller shall also carry
comprehensive general liability including, but not linnited to, contractual :uul automobile public liability insurance with
bodily injury and death limits of at least $300,000 lot any one person. $500MOO fix any one accident and property
damage limit per accident of $400,000. The Seller shall likewise require his contractors, if any, to provide lot such
compensation and insurance. Before any ofthe Sellers or his contractors employees shall do any work upon the
premises ol'others, the Seller shall famish the Purchaser with a certificate than such connpensation and insurance h;hve
been provided. Such certificates 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 after the entire work is conhpleted and accelital.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assunhes the entire responsibility and liability fins any and all danmge, loss or injury of any kind or
nature wlhatsoever to persons or property caused by or resulting from the execution ofthe work provided for in this
purchase order in in connection herewith. The Seller will indenaifv aul hold harmless the Pa'elmaser and anym all of
the Purchasers officers, agents and employees hunt and against any and all claints, losses. damages, chames or
expenses, whether direct or indirect, and whether to persons or property to which the Purchaser maybe put or subject
by reason of may act, action, neglect, omission or def Cult on the pan ofthe Seller, any of his contractors, or any of the
Sellers or contactors officers, agents or employees. In case any suit or other proceedings shall be brought against the
Purchaser, or its officers, agents or employees at anytime on account or by reason ofany act, action, neglect.omission
or default ofthe Seller of any of his conu'actors or any of its or their officers, agents or employees as aforesaid, the
Seller hereby agrees to assure the defense thereof and to defend the sane at the Sellers men expense, to pay Mary and
all costs, charges, attorneys fees and other expenses, ,my and all judgments that ray be incurred by m obtained against
the Purchaser m :my 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 Purchaser, or said parties in or as a result
of such suits or other proceedings, the Seller will at once cause the Sane m be dissolved and discharged bygiving bond
orothcrvisc. The Seller and his contractors shall take all safety precautions, furnish 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 rules tad regulations issued pursuant thereto.
Revised 04/2009