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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9123178 (2)City of PURCHASE ORDER PO Number Page 9123178 of 2 1 011Ins Fort TWsnumbermustappear i V , 1 on all invokes, packing slips.and labels. Date: 06/01/2012 Vendor: 108423 Ship To: ENGINEERING DIVISION,' VOGEL CONCRETE INC CITY -OF FORT COLLINS 6330 S COLLEGE AVE 281 ,N.COLLEGE AVE "FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80521 Delivery Date: 06/01/2012` " ' Buyer '. JOHN STEPHEN Note: _ .. . y Lme •- - Description "Quantity P -.Ordered "` Extended . UOM UnitPnce price . Skyway Drive 1 LOT LS, 81 369.00 Improvements PER TERMS AND CONDITIONS OF BID 7376 SKYWAY DRIVE TRANSFORT IMPROVEMENTS AND PER AGREEMENT. DATEDMAY$,2012.'�:,' Total $8136MO 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 ll, CPPo City of Fort .Collins City of Fort Collins Purchasing, PO BOX 580, Fort Collins, CO 80522-0580 ACCOuntinC 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 L COMMERCIAL DETAILS. . -1 x s � 1 , . Tax exemptions. By stamen the City of Fan Collins is exempt from state and local Iaxcs. Our Exemption Number is 11. NONWAIVER. - 9R-04502. Federal Excise -Tax Exemption Certificate of Registry 84-6000587 is tegislacd with the Collector of Failure of the Purchaser to insist upon strict performance of theterms and conditions hereof, failure or delay In Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973. Chapter 39-26, 114 (a). exercise any rights or remedies provided hacin or by law, failum to promptly notify the Seller in the event Of a breach, the acceptance ofor payment for goods bacunda or approval ofthc design; shall not release the Sella of Goods Rejected, GOODS REJECTED due to failure follow specifications, either when shipped or due to defects of any of the warranties or obligations of this purchase order and shall not be deemed a waiver of any right of the damage in transit, may be mourned to you for credit and are not to be replaced except upon receipt of written Purchaser to insist upon strict performance hemoforany Oflts Tights or remedies n to any such gads, mpardlcz instructions from the City of Fort Collins. of when shipped, received or accepted, as to any prior or subsequent default hereunder. nor shall any purported oral modification or rescission of this purchase order by the Purchaser operate as a waiver of any of the terms Inspection. GOODS are subject to the City of Fort Collins inspection on arrival. hereof. Final Acceptance. Receipt of the merchandise, services or equipment in response to this order can result in authorized payment on the pan of the City of Fort Collins. However. it is to be understood that FINAL ACCEPTANCE is depended upon completion ofall applicable required inspection procedures. Freight Terms. Shipments must be F.O.B., City of Fort Collins, 700 Wood St.. Fort Collins. CO 90522, unless otherwise specified on this add. If pmnission is given to prepay ficight and charge separately. the original freight hill most accompany invoice. Additional charges for pecking will use be accepted.' ` Shipment Distance. Where manufacturers have distributing points in various pans of the country, shipment is expected from the nano distribution point ro destination, and excess freight will be deducted from Invoice when shipments are made front great" distance. _ Permits. Seller shall procure at sellers sole cost ell necessary permits ttnifncates and lianses 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 vendor. Sella further agrees to hold the City of Fort Collins harmless from and against all liability and loan incurred by them by reason of an asserted or established violation orally well laws, regulations, ordinances, roles " and requirements. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchascr rccognim that in actual economic practice, overcharges resulting from antitrust violations are in fad home by the Purchaser. Theretofore, for good cawc and as consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now, have or hadifid acquired under federal or state antitrust laws (m such overcharges relating to the particular grads or services purchased or acquired by the Purchaser pursuant to this purchase raid. .. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller to cored nommnfortning or defective goods by a date to be agreed upon by the Purchaser and the Seller, and the Seller thereafter indicates its inabiliy or unwillingness to comply, the Forehead may cause the work to be performed by the most expeditious means available to it and the Sella shall pay all costs associated with such work.' The Sell" shall release the Purchase and its contractors of any tier from ell liability and claims of any nature resulting from the performance ofauch work. This release shall apply even in the event of fault of negligence of the party released and shall extend to the directors. offcas and employees Orwell party. Authorization. All parties to this contact agree that therepreuntatives arc, in fact, bona fide and possess full. and .The Seller's contractual obligations, including warranty. shall not be darned to be reduced, in any way, because complete authority to bird said panics. , _ such work is performed or caused to be performed by the Purchaser. i t c i LIMITATION OF. TERMS. This Purchase Order expressly limits acceptance to the Ierms and conditions stated herein set forth end any s pplcmeutary or additional terms and <onditiom 6nnexed hacto or incorporated herein by 14. PATENTS. Odraeria. Any additional or different terms and conditions proposed by culler are objected to and hereby rejected. Whenever the Seller is required to use any design, device. mat"ial or process covered by lend. patent, trademark or copyright, the Sella shall indemnify and save harmless the Purchaser from any and all claims for infringement 2. DELIVERY.. by reason of the use of such located design, device, material or process in connection with the contradjpnd PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to arrive an your indemnify tso he Purchaser for env Cost, expeoor damage which it may be obliged to Pay by reason ofsuch Promised delivery dam as noted: Time is of the'essence"Delivery and per(orindnee must he effected within the time _shall - infringcinent at any time during thFproscartion or eft" the completion of the work. In case said equipment, or. stated on the purchase order and thcidodurictis amichad hcmto.' No'aae of the Purchaser's including, without any pan thereof or the intended use of the Foods, is in such suit held to constitute infringement and the use of limitationy acceptance of partial late deliveries, shall operate as a waive of this provision: Inttic event of any delay, said equipment or pan is enjoined, the Sella shall, at its own expense and at its option, either procure for the lM1e Purchaser shall havq in addition to other legal and equitable remedies, the option o(pincing This order elsewhere Pu¢hesd the right to continue using said equipment or pans, ce replathe same with substantially equal but and holding the Seller liable for damages. However, the Sell" shall not be liable for damages as a'result of delays noninfringing equipment, or modify it so it becomes noninfringing. •,: t• Awe to'.'. s not reesonably foreseeable which arc beyond its reasonable control and without its fault of negligence. such acts of God, ads of civil or military authorities, governmental priorities,fira, strikes, Bard, epidemics, wars or 15. INSOLVENCY. riots provided that notice of the conditions causing such delay is given to the Purchaser within five (5) days of the If the Seller shall become insolvent or bankrupt, make an assignment forahc beaeft.of creditors,appoint a time when the Sella first received knowledge thereof. In the event of any such delay, the date of delivery shall be maiver Or trustee for any of the Sellers: property or business, this Order may forthwith be canceled by the extended for period equal to the time actually lost by reason of the delay. Purchaser without liability. ,3. WARRANTY. a 16. GOVERNING LAW:_;, The Sella women6 that all goods, enicles, materials and work covered by this order will conform with applicable The definitions of terms used Or the interpretation of the agreement and the rights ofall, panics hereunder shall be drawings, specifications, samples and/or other descriptions given, will he fit for the, purposes intended, and commood undersold goJcmed by the laws of the State of Colorado; USA." performed with the highest degree of cam and competence in accordance with accepted standards for work of a similar nalum. The Sella agrees to hold the purchaser barmlcas from any loss, damage Or expense which the The following Additional Conditions apply only in cases whac the Seller is to perform work hereunder. Purchaser may suffer or incur on account of the Sellers breach of warranty. The Seller shall replace, repair ar make including the services of Sellers Repicialatiods), on the pmmiws ofothers. Food, without cost to the purchaser, any defects or faultsrisingwithin one (1) year or within such longer period of ' time amay be prescribed by law or by the terms of any applicable womoty provided by the Seller after the date of.- 17 SELLERS RESPONSIBILITY. acceptance of the goods furnished hereunderM1cunder (eacptanee not toe be unreasonably delayed), resulting from imperfect The Seller shall carry said work et Seller's own risk until the same is full completed and acecpted, and shall, ^y y P or defective work done or material. famished by the Seller. Acceptance or use of goods by the Purchaser shall not in case of any accident, destruction or injury to the work and/or materials before Sellers final coniplefon and constitute a waiver of any claim under this warranty. Except as otherwise provided in this purchase order, the Sellers acceptance, complete the work at Seller's own expense and to the satisfaction of the Purchaser. When materials liability hereunder shall extend to all damages proximately caused by the breach of any of the foregoing warranties and equipment are furnished by others for installation or nation by the Sella, the Seller shall receive, unload, or guarantees, but such liability shall in no event include loss ofprofits or loss of use. NO IMPLIED WARRANTY store and handle same at the sitc.andbecome responsible therefor as though inch materials and/or equipment OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. were being furnished by the Sella under the order. 4. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by written change add. 5. CHANGES IN COMMERCIAL TERMS. The Pumbnor may make any changes to the terms, other than Icgal terms, including additions to or deletions from the quantities originally ordered in the sirecificat)on or drawings, by verbal or written change order. If any such change affects the amount due or the time of periburnmec hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. The Purehasa may at any time by written change add, terminate this agreement as to any or all portions of the goods then not shipped, subject to -any equitable adjustment between the panics as to any work or materials 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 of the Sella with respect to any goods which arc the Sellers standard stack. No such tcmminatinn shall relieve the Purchaser or the Sell" orally of their obligations as to any goods delivered hereunder. 7. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the date the change or termination is ordered. 8. COMPLIANCE WITH LAW. The Sella warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with ell applicable laws end regulations to which the goods an subject. The Seller shall cxmtc and deliver such documents as maybe 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 Sella agrees to indemnify and hold the Purchasa hourn1cm from all casts and damages suffered by the Purchaser as a result of the Sellers 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 hercunda without the prior written consent of the other Party. 10. TITLE. The Sella warrants full, clear and unrestricted tide to the Purchaser fin all equipment, materials, and items furnished in perfomiance of this agreement. free and clear of any and all liens. restrictions reservations, security interest encumbrances and claims of others. \. i�,... I R. INSURANCE. The Seller shall, et his own expense, provide for the payment of workers compensation, including Occupational disease benefits, to its 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 stoic 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 and death limits oral ]cast $300.000 for any one person, S500,000 for any one accident and property damage limit per accident of S400,000. The Seller shall likewise raturc his contractors, if any, to provide for such compensation and insurance. Before any of the Scllcrs or his contractors employces shall do any work upon the premises of others, the Seller shall famish the Purchaser with a ceni ficme that such compensation and insurance have ban 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 Sella 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 Seller hereby assumes the entire responsibility and liability for any and all damage, loss ar injury of any kind or nature whatsacvcr to persons or property caused by or resulting from the extol ion ofthc work provided for in this purchase order or in connection herewith. The Sella will indemnify and hold harmless the Purchase and any or all of the Purchasers Officers, agents and employees from and against any and all claims, losses, damages, charges or expenses, whdhcr direct or indirect, and whether to persons or property, to which the Purchnsd may be put or subject by reason of any act, action, neglect, omission or default on the pan of the Sella, any of his contractors, or any of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shall be brought against the Purchasa, a its officers, agents or employees at any time on account or by reason of any act, action, neglect, omission or default of the Sella of any of his contaatts 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 mat 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. agrms 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 Purchases, or said parties in or as a result of such suits or other proceedings. the Sella will at once cane the same to be dissolved and discharged by giving bond or otherwise. The Sella and his contractors shall take all safety precautions, furnish and install all guards necessary for the prevention of accidents. comply with rill lases and regulations with regard to safety including, but without limitation, the Occupational Safety and Health Ad of 1970 and all rates and regulatons issued pursuant thereto. Revised 0312010