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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9112716 (4)City of �t Collins Date: 05/13/2011 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS Colorado 80525 PURCHASE ORDER PO Number Page 9112716 tofz This number must appear on all invoices, packing slips and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS Colorado 80524 Delivery Date: 05/13/2011 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 2011 CONCRETE MAINT PROJECT 1 LOT LS 999,999.00 PER BID 6046 2 Street & Bridge Maint Sery 1 LOT LS 578,610.36 Total $1,578,609.36 9-0-� 2. 0'ru:-a2;F- City of Fort Collins Director of Purchasing and Risk Management This order is not valid 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 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 I. COMMERCIAL DETAILS. Tax exemptions. By stamen the City of Fort Collins is exempt fmm mate and local taxes. Out Exemption Number is 11. NONW AIVER. 911-04502. pedant Excise Tox Exemption Certificate of Registry R4-60W597 is regismrcd with the Collector of Failure of the Purchaser to insist upon strict performance M the hams and conditions hereof. failure or delay to Internal R"ame. Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chatter 39-26. 114 (a). exercise any rights or remedies provided herein or by low, fxihoc to promptly notify, the ScRer in the event M a breach, the acceptance of or payment fen grads hacunder or approval of the design, shall art release the. Seller of Goods Rejemed. GOODS REJECTED due to failure in mom specificanons. either when shipped or due to defers of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the derange in transit, may be returned to you fen credit and are not to be replaced except upon receipt of written purchaser to insist upon strict performance hereof or any of its rights aremedies as to any such goods, rcgatdlec instructions film the City of Fsm Collins. of what shipped, received or accepted, as in any prior Or mtsoluent default hereunder, nor shall may partpnned oral mdifiation a macission of this purchase order by the Purchaser operate as a waiver of Any of the terms Inspeoion. GOODS arc subject to the City of Fan Collin., inspection ran arrival. hem r.. Final Acceptance. Rmcipl of the merchandise, services in equipment in response to this order can maul, in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorised payment on the part of the City of Fort Collins. However, it is to be undemnod that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from Animist ACCEPTANCE is dependent upon completion ofall applicable required inspection procedures. violations are in fact home by the Purchaser. Theretofore, for good cause and as consideration for executing this purehwe order, the Seller hereby assigns to the Pllreltner any and all claims it may now have or haren&r Freight Tents. Shipments must be F.O.B.. City of Fort Collins, 700 Wood St.. Fort Collins, CO 90522, unless acquired under federal or state antitrust laws for such overcharges relating to the Particular gmds or services otherwise specified on this order If permission is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser Pasant, to this purchase nod". bill nowt acampem invoice. Additional charges fen packing will not be accepted. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Shipman Distance. Wham a anupiotmes have distributing points in various part Of the country, shipment is If the Purchases directs the Seller to correct ninon forming a defective goods by a dare to be agreed upon by the expected from the panda distribution point to destination, and excess freight will be deducted from Invoice when Purchaser and the Scllcr, and the Seller therafer indicates its inability o unraillingness to comply, the purchaser sh ipments am made from grater distance. may cause the work In be performed by the most expeditious means available to it, and the Seller shall pay all cesn associated with such work, Permits. Seller shall procure at sellers sole cost all necessary permits cenifiates and licenses required by all Applicable laws, regulations, ordinances and rules M the state, municipality, territory or political subdivision whom the work is performed, o required by any Other only constimrd public authority having jurisdiction over the work of vendor. Sella father agrca to hold the City Of Fort Collins harmless fmm and against all liability and Ines incurred by than by reason of an asserted or amblisheel violation of any such laws, regulations, ordinances, mica and requirements. Authorization. All parties to this eontrad agree that the represematimss are, in fad, bona fide and po ass full and complete authority to bind said parties. LIMITATION OF TERMS, This Purchase Griot captiously limits acceptamc to the terms and conditions slated herein see forth and any supplementary, or additional tams and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are Objected to and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen "mot make complete shipment to anive on your promised delivery date as noted. Time is of the essence Delivery and performantt must be cffeeted within the rime stated on the purchase order and the documents attached hereto. No ads of the Purchasers including, without harmation, acceptance of partial late deliveries, shall operate as a waiver of this provision. In the oval ofany delay. the Purehuser shall have, in addition to Ober legal and equitable remedies, the Option of placing this oiler elsewhere and holding the Seller liable for damages. However. the Seller shall not be liable for damages As a result of delays due to awes nee reasonably foreseeable which an beyond its reasonable control and without its fault of negligence. such aces of God. ads of civil or military authorities, govemmatal primitid, fires. stokes, food, epidemics, wars or riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) dnys of the ,,me when the Sella first received knowledge thereof In the event of any such delay, the date of delivery shall be expanded far the period equal In the time actually lost by reason of the delay. 3. WARRANTY. The Seller warrant that all goods, articles, materials and work covered by this order will conform with Applicable drawings, speeifiamions, samples and/or Orion descriptions given, will be fit for the purposes intended, and performed with the highest degree of am and compdrnce in accordance with accepted standards fen work of a similar nature. The Seller agraa to hold the purchaser harmless from any Ion. damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair or make good, without car to the purchaser, any defects or faults arising within one (1) year or within such longer period of time as may be proscribed by low or by the temps of cony applicable warranty provided by the Sella after the dote of acceptance of the goods furnished hereunder (acceptance ram to be umensonably delayed), resulting from imperfed in iterative work done or materials furnished by the Sella. Acceptance or use of gmds by the purchaser shall not constmte a waiver of am 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 army of the foregoing werrnntia or guarantees, but such liability shall in no event include loss ofpmfnts 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 tams 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 deldens fmm the quenmiex Originally ordered in the specifications or drawings, by verbal or wring change order. If any such change silicas the amount due Or the time of performance hereunder, an equitable Adjustment shall he made. 6. TERMINATIONS. The Purchaser may at env time by written change order, terminate this agreement its to any or all potions M the goods the no shipped, subject to any cquimble adjustment between the panics as to any work or materials the In progress provided that the Purchaser shall ram be liable for env claims fen amicipted profits on the uncompleted Portion of the goods and/or work, for incidental or crosegwntiel damages, and that no such adjustment to mate in favor of the Seller with respco to any gods which arc the Sellers standard mock. No such trnninetion shall relieve the Pumhmer o the Seller of any of their obligations as to any gads delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment most be asserted within thirty (30) days from the date the change or termination is added. R. COMPLIANCE WITH LAW. The Seller wartems that all goods said hereunder shall have ban produced sold delivered and furnished in strict compliance with all applicable laws and regulations to which the goods me subject The Sella shall execute and deliver such documents as may be required to effect per evidence compliance. All laws and regulations required to be incorporated in agrmnats of this character am hdcby incmponted herein by this refereme. The Seller apred to indemnify end hold the Purchaser harmless from all costs and damages suffaed by the Purchaser as a result of the Sellers failure to comply with such low. 9. ASSIGNMENT. Naha parry shall assign, transfa, or convey this order, nr any monid due or to became due hemundes without the prim written consent of the other parry. 10. TITLE. The Sellawarams full, clear ad mrmsricied title to the Purchaser fen all equipment, materials. and items famished in performance of this agreement, free and clear of any and all liars, restrictions, reservations, security interest encumbrances and claims of o hers. The Seller shall release the Purchaser and its contractors of any tier from all liability and claimer of any nature resulting room the performance of such work. This release shall apply even in the event of fault of negligence of the parry released and shall extend to the directors, officers and employees of each party. The Sellas contmmpl Obligations, including warranty. shall an, be deemed In be reduced. in env way, because such work is performed or caused to be performed by the purchaser. 14. PATENTS. WInarover the Seller is required to use any design, device, material or peaces covered by letter, patent, trademark or copyright, the Seller shall indemnify and save hmmlas the Purchascr Form any and nil claims for infringement by reason of the use of such patented design, device, material or process in connection with the antmd, and shall indemnify the Purchaser for any cost, tardiest or damage which it may be obliged In pay by mason of such infringemat at any time during the prosecution or after the completion critic week. In ease said equipment at any pan thereof or the amended use of the goods, is in such suit held to constitute infringemat and the use of said cquipmam 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 noninfringing equipment, or modify it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt. make an assignment for the benefit of creditors, appoint o mcciver or oni for any of the Sellers property or business. this odd may forthwith be coneded by the Purchaser without liability. 16. GOVERNING LAW. The definitions of terms used or the intervention, of the agmars m and the rights of all parties limunda shall he construed under and govemed by the laws of the Spite of Gtondo. USA. The following Additional Conditions apply only in eases where the Slier ism perform work hereunder. including the s rmias ofScllax Repmsentative(s), on the promises ofothms. 17, SELLERS RESPONSIBILITY. The Sella shall carry on acid snrk at Seller's a," risk until the same is fully enmpleted and accepted, and shall. in an of any accident, dcshuetion or injury to the work rand/or materials bottom Sellers real completion and acceptance, complete the work at Setlds Own expense and to the satisfaction of the Purchaser, who materials and equipment am f rmishod by Others fen installation or erection by the Sella, the Sella shall receive, unload. Marc and handle same at the site and become responsible therefor as though such materials end/or equipment were Ming famished by the Sella under the order. 18. INSURANCE The Seller shall, or his own expense. provide for the payment of worken compensation, including Occupational disease beni on its employees employed ran or in connection with the work covered by this purchase order. and/or to their dcpandrnn in accepance with the Iowa of the date in which the work is to be done. The Seller shall also carry comprehensive general liability including. but not limited to. contractual and automobile public liability insurance with bodily Injury wad death limits of rat 11 $300.r10f1 far any one person, $500,m10 for any one accident and property damage limit par accident of S400.000. The Seller shot] likewise requite his contractors, if any, in pmvidc for such compensation and insurance. Before any of the Sellers or his compleletos employees shall do any work upon the pro nisi of others. the Seller shall famish the Purchaser with a catifiatc that such compensation and insurance have been provided. Such certificates shall specify the doe when such compensation and insurance have been provided. Such cstifiatcs shall specify the dam when such compensation nod insurance expires. The Sella agrees that such compensation and insomanec shall he maintained until after the entim wok is vur pleacd and acccped. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes the entire responsibility and liability for any and all damage, less a injury clarity kind or nature whatsoever to persnns or property mused by or resulting from the execution of the work provided for in this purchase order or in conncmion herewith. The Sella will indemnify and hold harmless the Purchascr and any or all of the Purchasers offerers, agents and employees fmm end against any and all claims, losses, damages. charges or capered, whether direct or indirect, and whoher to paeans in prop am to which the Purchaser may he put or subjeo by maser of atry ad, anion. Added. omission a default on the pan of the Sella. env of his amtradms, or any of the Sellers or comments Afficers, agents or employed. In case any suit in other proceedings shall be brought against the Purchasd. in its officers, agents or employed at any time on account or by rdeson of any no, action, neglect• omission or default of the Scllcr of any of his mmtradms or any of its or their officers, agents or employees As aforesaid, the Sella hereby agrees to assume the defense thereof and to defend the same at the Sellers own expense, to pay any and all costs, charges, annmrya fed and other expenses, any and all judgments that may be incurred by o obtained against the Purchaser o any of its or their officers. agents or employed in such suits or other proceedings, and in case judgment or other lien be plead upon or obtained against the property of the Purchaser, or said parties in or as a moth pf each suits or Other proceedings. the Sella will at once awe the same to be dissolved and discharged by giving bond or otherwise. The Seller and his ait. adors shall sake all safety precautions, famish and install all gourds necessary fen the prevention of accidents, comply with all laws and regulations with regard to mfety, including. ben without limitation, the Occupational Safety and Health Ad of 1970 and all roles and regulations issued pursunnr floc mo. Revised 032010