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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9957217Date: 12/2/2009 City of F6rt Collins Page Number: 1 Purchase Order Number: 9957217 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 SPRING CANYON DITCH PROJ 6418 City of Fort CqfinDirector of Purchasing and Risk Management This order is n alid over $5000 unless signed by James B. O'Neill II, 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 7,938.00 Total $7,938.00 Invoice Address: City of Fort Collins Accounting Department PO Box 580. Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions I. COMMERCIAL DETAILS. Tax exemptions. By statute the City of Fort Collins is exempt Boni state anti local taws. Our Exemption Number is W-04502. Federal Excise Tax Exemption Certificate of Registry 54-60005S7 is registered with the Collector of Internal Revenue, Denver. Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-2o, 114 (a). Goods Rejected. GOODS REJECTED true to failure to meet specifications, either when shipped or 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 Foil Collins. Inspection. GOODS are subject to the City of Fort Collins inspection on arriva Final Acceptance. Receipt ofthe merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Foil 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 50522, unless otherwise specified on this order. If permission is given to prepay freight and charge separately, the original freight bill must accompany invoice. Additional charges for packing will not be accepted. Shipment Distance. Where manufacturers have distributing points in various parts Of the caunuy, shipment is expected from the nearest distribution point to destination, and excess freight will be deducted from Invoice when shipments are made from greater distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, territory or political subdivision where the work is performed, or required by any other duty constituted public authority having jurisdiction over the work ol'veudon Seller further agrees to hold the City of Foil Collins harmless fi'onh and against all liability and loss incurred bythem 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 are, in fact bona fide antl possess Intl 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 terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terns and conditions proposed by seller at objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your prmnised delivery date as noted. Time is ofthe essence. Delivery and pertorniance mast be effected within the time stated on the purchase order and the documents attached hereto. No acts of the Purchasers including. without lininat ion, acceptance ofpart ial late deliveries, shall operate as a waiver of this provision. In the event ofany delay, the Purchaser shall have. in addition to other legal and equitable remedies. the option of placing this order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable lit damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault ofnegligence, such acts of God, acts of civil or military authorities, governmental priorities. fires. strikes. flood. epidemics, -us or riots provided that notice ofthe conditions causing such delay is given to the Purchaser within five (5) days ofthe tittle 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 ofthe delay. 3. WARRANTY. The SCIICr' 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 be fit for the purposes intended, and performed with the highest degree of care and competence in accordance with accepted standards for work of a similar nature. 'fhe Seller agrees to hold the purchaser harmless fi om any loss, damage or expense which the Purchaser may suffer or incur on account ofthe Sellers breach of warranty. The Seller shall replace, repair or hake good without cost to the purchaser, any defects or faults at within one(]) year or within such longer period of timme m nciy be prescribed by law or by the terns of any applicable warranty provided by the Seller after the date of acceptance ofthe goods furnished hereunder (acceptance not to be unreasonably delayed). resulting from innperfect or defective work done m materials furnished by the Seller. Acceptance of 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 litegoing warranties or guarantees, 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 changes to legal terns by written change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal tents, including additions to m deletions fonnthe quantities originally ordered in the specifications or drawings, by verbal or written change order. If any such change affects the amount due or the time of performance hereunder, all equitable adjustment shall be trade. 6. TERMINATIONS. The Purchaser nay 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 or materials then in progress provided that the Puchaser 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 adjusunent be trade in fiwor ofthe 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 clainh for adjusunent mast be asserted within thirty (30) days fronh 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 turnished in strict compliance with all applicable laws and regulations to which the goods are subject. The Seller shall execute anti deliver such documents as may be required to effect rn 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 15 ofArticle 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) ofAilicle 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 goverment contract. or public employment with the state of Colorado or any of its political subdivisions, for three years. 9. ASSIGNMENT. Neither pany shall assign, transfer, or conveythis order, or any ninnies due or to become due hereunder without the prior written consent of the other party. to. TITLE. The Seller warrants Intl. clear and unrestricted title to the Purchaser for all equipment, materials. and items furnished in performance of this agreement, fire and clew of any and all liens, restrictions, reservations. security interest encumbrances and claints of others. 11. NONWAIVER. Failure ofthe Purchaser to insist upon strict performance Of the terins and conditions hereof, failure or delay to exercise any rights or remedies provided herein or by law. failure to promptly notify the Seller in the event of a breach, the acceptance of of payment for goods hereunder or approval ofthe design. shall not release the Seller of any ofthe warranties or obligations of this purchase order and shall not be deemmed a waiver of any right ofthe purchaser to insist upon strict performance hereof or 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, nor shall any purported oral modification of rescission of this purchase order by the Purchaser operate as a waiver of any ofthe terns hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in acual economic practice, overcharges resulting from antitrust violations are in fact Imme by the Purchaser. Theretolbre, for good cause and as consideration tint executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services purchased of acquired by the Purchaser pursuant m this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser directs the Seller to correct nonconforming 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 tvith such work. The Scllcr shall release the Purchaser and its contractors ofany tier front all liability and claims of any nature resulting foul the pet rtmnnance of such work. This release shall apply even in the event of fault of negligence ofthe patty released and shall extend to the directors, officers and employees of such party. The Seller's contractual obligations, including warranty, shall not be deemed to be reduced. in anyway. because such work is pet fOnned or caused to be performed by the Purchaser. 14. PATENTS. Whenever the Seller is required to use:ny design, device, material or process covered by letter, patent, trademark or copyright, the Seller shall indemnity and save harmless the Purchaser fi onh any and all claims for infiingennent by reason Ofthe use of such patented design. device, material or process in connection with the contract. and shall indemnify the Purchaser for any cost, expense or danrhge which it maybe obliged to pay by reason of such infiingement at any tine during the prosecution or after the completion ofthe work, fit case said equipment, or any part thereofor the intended use of the goods, is in such suit held to constitute infiingentent and the use ofsaid 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 parts, replace the same with substantially equal but non-infiinging equipment, or modify it so it becontes non-infi inging. 15. INSOLVENCY. If the Seller shall become insolvent Or bankrupt stake ❑n assignment for the benefit ofcreditors, 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. 'File definitions of ternis used or the interpretation of the agreement and the rights of all parties hereunder shall be construed under and governed by the laws of the State of Colorado. USA. The f"ollowing 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 canyon said work at Seller's own risk until the same is fully completed and accepted, and shall, incase of any accident, destruction or injury to the work and/or materials before Seller's final completion and acceptance, cnmplche rile work c Seller's own ecpmse and to the satisfaction Ofthe Purchaser. \Vhen materials and equipment arc furnished by others fur installation of erection by the Seller. the Seller shall receive, unload. store and handle sane at the site anti beconne responsible therefor as though such materials and/orequipnment were being furnished bythe Seller under the order. IS. INSURANCE The Scllcr shall, at his otvn expense, provide fur the payment of workers compensation, including occupational disease benefits, to its employees employed on Pr in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws ofthe state in which the work is to be bone. The Seller shall also carry comprehensive general liability including, but not limited to, contracnral :tad autnnhobile public liability insurance with bodily injury and death Brats of at least S300.000 for anyone person. $500.000 for any one accident and property damage limit per accident of S400.000. The Seller shall likewise require his contractors. if any, to provide for such compensation and insurance. Before any ofthe Sellers m his contractors employees shall do any work upon the premises ofothers, the Seller shift 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 date when such compensation and insurance expires. The Seller agrees that such conmpensation and insurance shall be maintained until after the entire work is completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or mature whatsoever to persons or property caused by m resulting from the execution ofthe work provided for in this purchase order or in connection herewith. "fhe Seller will indemmnify and hold harmless the Purchaser and anyor all of the Purchasers officers. agents and employees from and against any and all clains, losses, danhages. charges or expenses. whether director indirect.and whether to persons or properly to which the Purchaser maybe put of subject by reason of any act, action. neglect.omission of default on the pat ofthe Seller, any of his contractors, m any of the Sellers of contractors officers. agents or enmployees. In case any suitor other proceedings slmall be brought against the Purchaser, or its officers, agents or employees at any tittle on account or by reason of any act, action, neglect, omission or default of the Seller of nny of his contractors or any of its or their officers, agents or employees as aforesaid, the Sella hereby agrees to assunne the defense thereof and to defend the sane 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 any of its or their officers, agents m employees in such suits or other proceedings, and in case judgmental other lien be placed upon or obtained against the property ofthe Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged bygiving bond or otherwise The Seller and his contractors shall take all safety precautions. furnish and install all guards necessaryfor 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 and regulations issued pursuant thereto. Revised 04/2009