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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9120143City of Fort Collins PURCHASE ORDER PO Number Page 9120143 1of2 his number must appear on all invoices, packing slips and labels'.. Date: 01 /06/2012 Vendor: 108423 Ship To: STREETSDEPARTMENT VOGEL CONCRETE INC CITY OF FORT COLLINS 6330 S COLLEGE AVE 625 NINTH STREET FORT COLLINS Color6d6'80525 `- `. ` : FORT COLLINS Colorado 80524 Delivery Date: 01/06/2012 Buyer: JOHN STEPHEN Note: Line Description Quantia UOM Unit Price ` Extended Ordered 1 2012 Crackseal Contract -LOT -L,S 358,259:20 PER TERMS AND CONDITIONS OF BID,7290 AND AGREEMENT DATED DECEMBER 12, 2012 Total $358;259;20 City of Fort Collins Director of Purchasing and Risk Management Invoice Address: This order is not valid over $5000 unless signed by James B. O'Neill II, CPPO City Of Fort Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 Accounting Department Phone:970-221-6775 .Fax: 970-221-6707 Email:purchasing@fcgov.com PO BOX 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 I. COMMERCIAL DETAILS. - Tax exemptions. By statute the City of Fort Collins is exempt from since and local taxes Our Exemption Number is 11. NONWAIVER. 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-(AW587 is registered with the Collector of Failure of the Purchaser In insist upon strict performance of the terms and conditions hereof failure or delay to Internal Revenue. Denver, Colorado (Ref Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of. breach, the acceptance of or payment for goods hereunder or approval ofthc design, shall not release the Sella of Goads Rejected. GOODS REJECTED due to failure to urea specifications, either what shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be doomed a waiver of any right of the damage in remit,may be returned to, you for credit and are not to he replaced except upon receipt of written purchaser to insist upon strict performance haeofor any ofits rights or remedies as to any such goods, regardless instructions from the City of Fan Collins. of when shipped, received or accepted, as to any prior or subsequent default hanmder, not shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS arc subject to the City of For Collins inspection on arrival, hereof. Final Acceptance. Receipt of the merchandise, sary oca, or equipment in response to this order can result in 12. ASSIGNMENT OF ANTITRUST CLAIMS. authorized payment on the pan of the City of For Collins. However, it is to be understood that FINAL Seller and the Purchaser recognize that in actual economic practice, overcharges resulting from antitrust ACCEPTANCE is dependent upon complaint of ail appliable required inspection procedures. violations are in fact bums, by the Purchase. Theretofore, for good cause and as consideration fro executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hereafter Freight Terms. Shipments must be F.O.B.; City of For Collins, 700 Wood St, Fort Collins, CO 80522, unless acquired under federal or Sure antitrust laws for such overcharges relating to the particular goods 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 Purchase pursuant to this purchase order. bill must accomoanv invoice. Additional charges for packing will not be, accepted. ' ' Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the nearest distribution point to destination, and excess freight will be deduced from Invoice when shipments an made from greater distance. Permits. Seller shall procure at sellers sole coal 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 duly constituted public authority having jurisdiction over the work of verolm. Sella further agrees to hold the City of Fan Collins harmless from and against all liability and loss incurred by them by reason of an macred or established violation of any such laws, regulations, ordinances, rules and requirements. Authorization. All parties to this contract agree that the representatives arc, in fad, bona fide and possess full and complete authority to bind said parties. LIMITATION. OF TERMS. This Purchase Order expressly limits acceptance to the terms and conditions stated herein ser, forth and any supplementary or additional terms and conditions annexed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by send are objected to and hereby rejedod. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive on your promised deliverydate as noted. Time is ofthc essence. Delivery and performance must be effected within the time stated on the purchase order and the documents attached hereto. No ads of the Purchaiers including, without limitation, aceeptance ofpar ial late deliveries, shall operate as a waiver ofthis provisionAn the event ofany delay, the Purchases shall have. in addition to other legal and equitable remedies, the option ofplacing this order elsewhere end holding the Sella liable for damages. However, the Sella shall not be liable for damages as a result of delays due to causes not iemonably foreseeable which arc beyond its reasonable control and without its fault of negligence, such acts of God, acts of civil or military authorities, governmental priorities, fires, strikes, flood, epidemics, wars or. riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the time 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 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 be fit for the purposes intended, and performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nmme. The Sella agree to hold tim parchaser hamlcas from any loss, damage or expense which the I Purchaser,may suffer Or incur on account of the Sellers breach of warranty. The Sella shall replace, repair err make good, without cost to the purchaser, any defects or faults arising within am (1) year or within such longer period of time as may be prescribed by law or by the terms of my applicable warranty provided by the Seller after the date of acceptance of the goods furnished hercvnder (acceptance an to be unreasonably delayed), resulting from imperfect or defective work done ar materials famished by the Sella. Acceptance or use of goods by the Purchaser shall not constitute a waiver of any claim undo this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmximmcly caused by the breach of any of the foregoing warranties or guarantees, but such liability shall in no event include loss of profits an 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 terms; by written change order S. CHANGES IN COMMERCIAL TERMS. The Purchases may make any changes to the terns, other than legal terms, including additions to or deletions from the quantities originally ordered in the specifications or drawings, by verbal err written change order. If any such change affects the amount due or the time of performance hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purehasa may at any time by written change order, terminate this agreement as to any or all portions of the goods then nor shipped subject to any equitable adjustment between the parties as to any work or materials then in progress provided that the Purehaza shall not he liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or consequential damages, and that no such adjustment be made in favor of the Sella with respect to any goods which are the Sellers standard stock No such termination sban relieve the Purchases or the Sella of any of their obligations as to any goods delivered herennder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days (earn the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. 'Me Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations to which the goods arc subject. The Sella 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 arc 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 of the Scllcrs failure to comply with such law. 9. ASSIGNMENT. Neither party shall assign, transfer, or convey this order, or any monies due or to become due hereunder without the prior written consent of the other party. M. TITLE. The Sella warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items furnished in performance of this agrcemenf free and clear of any and all liens, restrictions, reservations, security interest.. sawndue ices and claims of others. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. If the Purchaser dimes the Sella to correct nonconforming or defective goods by a date to be agreed upon by the Purchaser and the Sella, and the Sella thcrcaficr indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by.the most expeditious meansavailableto it, and the Sella shall pay all emu associated with such work.' The Sella shall release the Purchaser and its contractors of any tier from all liability and claims of any nature, resulting from the pefom ota, ofsuch work. This releaa shall apply even in the went of fault of negligence of the parry released and shall extend to the directors, officers and employees ofsuch party. The Seller's command obligations, including warmny, shall not be deemed to be reduced, inany 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 lend, patent, trademark orcopyright, the Seller shall indemnify and save harmless the Purchaser from any and all claims for infringement by reason of the use of such patented design, device, material or process in connection with the contract, end." shall indemnify the Purchaser for any cost, expense Or damage which it may be obliged to pay by reason of such infringement at any time during the prosecution or after the completion of the work. In case said equ ipmem, or any part thereof m the intended use of the goods, is in such suit held to constitute infringennot and the use of said equipment or part is enjoined, the Seller shall, at in 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 noninfringing equipment, or modi fy it so it becomes noninfringing. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for the benefit of creditors, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. . . _ 16. GOVERNING LAW. The definitions ofterms used or the interpretation ofthc agreement and the rights ofall panics hereunder shall be construed underend governed by the laws ofhhe State of Calomdo, USA. The following Additional Conditions apply only in cases where the Seller is to perform work hereunder, including the services of Scllcrs Rcpmscntafivc(s), on the premises of others. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall, in case of any 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 of the Purchaser. When materials and equipment arc furnished by others for installation or erasion by the Sella, the Sella shall receive, animal. state and handle same at the site and become responsible therefin as though such materials and/or equipment were being famished by the Sella under the orda. 18, INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to in employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in which the work is to be done. The Sella shall also carry comprehensive general liability including, but not limited to, contractual and automobile public liability insurance with bodily injury and death limits of at least $300.000 for any one person S500.00o 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 employces shall do any work upon the premises of others. the Sella shall famish the Purchases with a certificate that such compensation and Insurance have been provided. Such cenrficams shell 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 completed and accepted. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Sella hereby assumes the entire responsibility and liability for any and all damage, loss or injury of any kind or nature whatsoever to persons or property caused by or resulting form the execution ofthc work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchaser and any Or ell of the 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 the part of the Seller, any of his contodtors, or. any of the Sellers or contractors officers, agents or employees. In case any suit or Other proceedings shall be hrought 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 of the Seller of any of his contractors or any of its or their oBreen, 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 pay any and all costs, charges, attorneys fees and other expenses, any and all judgments that may be men -rrcd by or obtained against the Purchasa or any of its or their officers, agent 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 m a result ofsuch suits or other proceedings, the Sella will at one cause the same to be dissolved and discharged by giving bond or otherwise. The Seller and his mammon 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 and regulations issued garment thereto. Revised 0320I0