HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9957216Date: 12/2/2009
City of
ort Collins
Page Number: 1
Purchase Order Number: 9957216
Delivery Date: 12/2/2009 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
HEPPLEWHITE STORM SEWER PROJ
6454
Total
'. n
City of Fort Cqriny Director of Purchasing and Risk Management
This order is n alid over $5000 unless signed by James B. O'Neill 11, CPPO
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
8.066.97
$8,066.97
Invoice Address:
City of Fort Collins
Accounting Department
PO Box 580
Fort Collins, CO 80522-0580
Purchase Order Terms and Conditions
I. COMMERCIAL DETAILS.
'fax exemptions. By statute the City of Fort Collins is exempt (ruin state and leeaI taxes- Our Exemption Number is
98-04502. Federal Excise Tax Exemption Certificate of Registry 84-00005S7 is registered wish the Collector of
Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-20. 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 For Collins.
Inspection. GOODS are subject to the City of Fort Collins inspection oil arrival.
Final Acceptance. Receipt ofthe merchandise, services m equipment in response to this order can result in authorized
payment on the part of the City of Fort Collins. However. it is to be understood that FINAL ACCEPTANCE is
dependent upon completion of all applicable required inspection procedures.
Freight Terns. Shipments must be F.O.B., City of Fort Collins, 700 Wood St., Fort Collins. CO 80522, unless
otherwise specified on this order. I f permission is given to prepay fi eight and charge separately, the original freight bill
must accompany invoice. Additional charges far packing will not be accepted.
Shipment Distance. Where manufacturers have distributing points in various parts ofthe county. shipment is expected
from the nearest distribution point to destination, and excess freight will be dalucted from Invoice when shipments are
made from greater distance.
Permits. Seller shall procure at sellers sole cost all necessarypermits, cei of icates and licenses required by all applicable
laws, regulations, ordinances and rules of the state, municipality, terraoiy of political subdivision where the work is
perforated, or required by any other duly constituted public authority having jurisdiction over the work of vendor.
Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred bythcniby
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 are, 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 tents and conditions stated herein
set forth and any supplementary or additional tern and conditions annexed hereto of incorporated herein by reference.
Any additional or different terns and conditions proposed by seller are objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you carrot stake complete shipment to arrive on your
promised delivery date as noted. Tinte is of the essence- Delivery and 1- hurtance nrnst be ellccted within the linie
stated on the purchase order and the documents attached hereto. No acts of the Purchasers including, without
limitation. acceptance of partial late deliveries, shall operate as a waiver oflhis provision. In the event ofanydelay, the
I'urchascr shall have, in addition to other legal and equitable remedies, the option ill placing this order elsewhere and
holding the Seller liable for damages. However, the Seller shall not he liable findannaees as a result of tfelays due to
causes not reasonably foreseeable which are beyond its reasonable contol and without its fault of negligence, such acts
of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics. wars m riots
provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days ofthe tinne
when the Seller first received knowledge thereof. In the event of any such belay, 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 conform with applicable
drawings, specifications, samples and/or other descriptions given, will betit for the purposes intended, and performed
with the highest degree create and comipetence in accordance with accepted standards for work of a similar nature.
The Seller agrees to hold the purchaser harmless from any loss. damage or expense which the Purchaser nay suffer m
incur on account ofthe Sellers breach of waranty. The Seller shall replace, repair m make good. without cost to the
purchaser, any defects or faults arising within one (I) year m within such longer period of time as nmay beprescribed by
law or by the tennis of any applicable warranty provided by the Seller after the date of acceptance ofthe goods
furnished hereunder (acceptance not to beunreasonably delayed), resulting fi'onm imipei fect of defective work done or
materials furnished by the Seller. Acceptance or use of goods by the Purchaser shall not constitute a waiver orally
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 ofthe Ituegoing warranties or guarantees, but such
liability shall in no event include loss of profits m loss of use. NO IMPLIED WARRANTY OR
MERCHANTABILITY OR OF FITNESS FOR PURPOSE SIIALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Purchaser may make changes to legal teams by written change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may stake any changes to the tents, other than legal terms, including additions to of deletions fi onrthe
quantities originally ordered in the specifications or drawings, by verbal of written change order. If a y such change
affects the amount clue or the time of perfonnance hereunder, an equitable atljustnent shall be ninde.
6. TERMINATIONS.
'rile Purchascr may at anytime by written change order. terminate this agreement as to any m all portions ofthe goods
then not shipped, subject to any equitable adjustment between the panics as loamy work or materials then in progress
provided that the Purchaser strait not be liable for any clains for anticipated profits on the uncompleted portion ofthe
goods and/or work, for incidental or consequential damaages, and that no such adjustment be made in favor of the Seller
with respect to any goods which are the Sellers standard stock. No such termination shall relieve the Purchaser or the
Seller orally of their obligations as to may goods delivered hereunder.
7. CLAINIS FOR ADJUSTMENT.
Any daunt lit adjustment must be asserted within thirty (30) (lays from the (late the change of tennination is ordered.
S. COMPLIANCE WITH LAW.
The Seller variants that all goods sold hereunder shall have been pro(luced, 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 may 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
indenuify and hold the Purchaser harmless fi-om all costs and damages suffered by the Purchaser as a result of the
Sellers failure to comply with such late.
[find only to the extent this [Agreement] constitutes a "sole source government contract" within the meaning of
Article XXVIII of the Colorado Constitution ("Article XXVIII"), then the provisions of Section 15 ofAnicle XXVIII
are hereby incorporated into this [Agreement]. In such a case, if the [Contractor] of any other person who is ❑
"contract holder" as defined in Section 2(4.5) ofAnicle XXV III intentionally violates Section 15 m 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 panty shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the
prior written consent ofthe other party.
10. TITLE.
] he Seller wmranis fill. clear and unrestricted title to the Purchaser for all equipment. materials, and dens flmislmed in
pertitrniance of this agreement. Gee and clear of any and all liens, restrictions, reservations, security interest
encunhbi ances and clains of others.
11. NONWAIVER.
Failure ofthe Purchaser to insist upon strict performance ofthe terms and conditions hereof, failure or delay to
exercise ary rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a hieach,
the acceptance of or payment fill goods hereunder or approval ofthe design, shall not release the Seller of any of the
warranties m obligations of this purchase order and shall not be deemed a waiver of any right ofthe purchaser to insist
upon strict perfonnance hereof m any of its rights m remedies as to any such goods, regardless of when shipped,
received m accepted, as to any prior or subsequent default hereunder, not shall any purported oral modification m
rescission of this purchase order by the Purchaser operate as a waiver of miy ofthe tents hereof.
12. ASSIGNMENT OF ANTITRUST CLAIMS.
Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust violations are
in fact borne by the Purchaser. ]'heretofore, for good cause and as consideration for executing this purchase aide, the
Seller hereby assigns to the Purchascr any and all clains it may now have m hereafter acquired under federal or state
antitrust laws for such overcharges relating to the particular goods m services purchased or acquired by the Purchaser
pursuant to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Purchaser directs the Seller to correct nonconforaine or defective goods by a date to be agreed upon by the
Purchaser and the Seller, and the Seller thereafter indicates its inability or unwillingness to comply, the Purchaser may
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 Purchascr and its contractors orally tier from all liability and claims orally nature resulting
Goal the pet fonnance of such work.
'['his release shall apply even in the event of fault of neeligence ofthe petty released and shall extend to the directors,
officers and employees of such party.
The Seller's contractual obligations, including Wa ranty. 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 or process covered by letter, patent, trademark m
copyright, the Seller Shall indemnily and save harmless the Purchaser from any and all clains for infingenient by reason
of the use of such patented design, device, material m process in connection with the contract, and shall indemnify the
Iurchaser lit any cost, expense of damage which it may be obliged to pay by reason of such infl ingennent at any time
(filling the prosecution or after the completion ofthe will In case said equipment, m any pint thereofer the intended
use ofthe goods. is in such suit held to constitute 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 right to continue using said
equipment or pans, replace the same with substantially equal but non-infi inging equipment, or modify it so it becomes
non -infringing.
15. INSOLVENCY.
If the Seller shall become insolvent or bankrupt. nuke an assignment for the benefit ofereditois, appoint a receiver or
trustee for any ofthe Sellers property or business, this order may forthwith be canceled by the Purchaser without
liability.
16. GOVERNING LAW.
The definitions of terns used of 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 Sellcis Representative(s), on the premises of others.
17. SELLERS RESPONSIBILITY.
The Seller shall carryon said work at Seller's own risk until the same is fully completed and accepted, and shall, in case
of ally accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance,
complete the work at Seller's own expense and to the satisfaction ofthe Purchascr. When nmaterals and equipment are
furnished by others for installation or erection by the Seller. the Seller shall receive. unload, store and handle Sallie at
the site and become responsible therefor as though such materials and/orequipment were being famished by the Seller
under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment ofworkeis compensation, including occupational disease
benefits, to its employees employed on m in connection with the work covered by this purchase order, anti/or to their
dependents in accordance with the laws of the state in which the work is to be done. The Seller shall also cant'
comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with
bodily injury and death limits of at least S300,000 for any one person, $500.000 for any one accident and property
damage limit per accident of $400.000. The Seller shall likewise require his contractors. if any, to provide for such
compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the
premises. fathers, the Seller shall furnish the Purchaser with a certificate that such compensation and insurance have
been provided. Such certificates shall specify the date when such compensation and insurance have been provided.
Such certificates shall specify the [late when such compensation and insurance expires. The Seller agrees that such
compensation and insurance shall be maintained until after the entire work is completed and accepted.
19. PROTFCTION AGAINST ACCIDENTS AND DAMAGES.
The Seller herebv assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or
nature whatsoever to persons m property caused by m resulting Gomm the execution ofthe work provided for in this
purchase order or in connection herewith. 'rile Seller will incha nify and hold harmless the Purchaser and any or all of
the Purchasers officers. agents and employees from and against any and all clains. losses. damages, charges or
expenses, whether direct or indirect, and whether to persons or property to which the Purchaser maybe put or subject
by reason of any act. action, neglect, omission or default on the pan ofthe Seller, any of his contractors, or any of the
Sellers m contractors officers, agents m 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 nct, action, neglect, omission
of (lefimlt ofthe Seller of any of his contractors orally of its or their officers, agents or employees as aforesaid, the
Seller hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to ply any and
all costs, charges, attorneys fees and other expenses, any and all judgments that maybe incurred by or obtained against
the Purchaser or any of its of their officers, agents of employees in such suits m other proceedings, and in case
judgment m other lien be placed upon or obtained against the property of the Purchaser, or said parties in m as a result
ofsuch SUITS m other proceedings. the Seller will at once cause the same to be dissolved and discharged by giving bond
or otherwise. 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 Flealth Act of 1970 and all rules and regulations issued pursuant thereto.
Revised 04/2009