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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9123261City ofPURCHASE ORDER ONumber Page of 2 Collins,1 Fort [ This number must appear V " 1 �7 on all Invoices, packing slips and labels. Date: 06/06/2012 Vendor: 108423 Ship To: STREETS DEPARTMENT VOGEL CONCRETE•INC, CITY OF FORT COLLINS 6330 S COLLEGE AVE 625 NINTH STREET FORT COLLINS Colorado 80525 FORT COLLINS Colorado 80524 Delivery Date: 06/06/2012 ' ' ' Buyer: ',JOHN STEPHEN Note: Line '•. - Description' --• P . Quantity - ,: Extended' UOM Unit Price Price .Ordered ... .. ., , 2012 CONCRETE MAINT PROJECT . 1, LOT _. LS , '. - -.'. 11000,000.00 PER TERMS AND CONDITIONS OF BID 7361 - AND AGREEMENT DATED MAY 7, 2012 .2 ;Street,& Bridge Maint Sery .. ... _ 1 LOT... LS ` ,.,'. 547,597.08 -Total . •1._$1-547.597 08— 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 11, CPPO City of Fort Collins Cily of Fort Collins Purchasing, PO BOX 680, 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 Purchave Order Terms and Conditions Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemptions. By an me the City of Fon Collie is eAd,A firm sate and la al tea. Our Exemption Number is 98-04502. Federal Eseim Tex Exemption Centigram of Regisry, 94-60hl0597 is a gis all with The Collator of Internal Pat cons, Denver. Colorado (Raf. Colorado Revised Simonds 1973. Chapter 3946. 114 (a). Goads Rejected. GOODS REJECTED due to faille to road s;xmiGrariam, either when shipped m due to defects of damage in transit, may be rearmed TA Sou for. credit all ate not to Is, og),Isd dead used acecip, If wdden insaincmians from the City of Fad Collins Ins,x ioe. GOODS arc subject m the City of FAA Collins inspection AT nmval. 11. NONWANER. Failure of the Purchaser to insist upon snict performance If he tams and conditions haroL failure or delov to exercise any rights AT rem,dics provided herein or by law, failure to pmmady notify the Sella in the aces If a breach. the asecpmnce of or Mynam fa goods hereunder or Amaral oftbe design, shall not mime the Sella of any of der wamnds, or obligations of this moduse odd and shall nA, be dwmed A uviver If arty right of the parclasa to insist upon strict performance hdrofm any of its rights or remedies as to any such Pe der, regardless of whrn shipped, Arrived! or Asserted, as to any prior or awt her baent defaulmado, amball any pmroned nal modification or rexiaion of this purchase Aida by the Purchase, Aramaic as a waiver of any of the terms hereof Final Acccpmucc. Receipt of the ma chandim, servicds or Inculcator in maporse to this order canmilt in 12. ASSIGNMENT OF ANTITRUST CLAI MS. amd AoaM Payment on the pan of the City of Fort Collins, However, it is in be understood that r FINAL Seller and the Purchaser rwngaim :bar in Actual economicdrges practice, o chnresulting from Antitrust ACCEPTANCE is dependrnl upon completion afall applicable required inspection procedures. ___. _ ___ violations are in fact borne by the Purchaser. Theretofore. for Food cause and as consideration too executing this purchase and. the Serer M1aeby assigns to the Purchases any and all claims it may now hie or hdmfia Freight Teets. Shipments must be F.O.B., City of Fan Collins, 700 Wood St, Fad Collins. CO 80522, unless acquired under red .ml oT wpm anlams, aws for .such overcharges miming to the particular goods Or services otherwise specified on ibis order.lfpermiaion is given to many freight And charge aparmely, the original freight purchased or acquired by the Purchaser pursuant to this purchase order. 4. .i bill must accompany mwicc. ArchonnAl charges forpacking will not be accepted. Shipment Distance. Where mnnufaceems have distributing prints in various parts of the country, shipment is capered front the merest distribution point to desendiam, and excess Patient will be deducted floor mvoicc when shipments are made from greater distance. Pemmus. Seller shall paaaure at tillers sole cost all mad ry permits, certificates and him,, aquimd by All mAiabic laws, stipulations, ordinnnas end rules with, stem, municipally, territory or polinim.1 subdivision where The work is performed, or required by Any other duly consiarmd public emhony having jurisdiction over the mark If vendma Seller funhar Agrees to hold the City of Fon Collins harmless from all .gears, all liability end loss incurred by than by name of an elated or established violation of any such laws, mgmlarions. Idimncds, rules and rd uir caari Autio iention. All pmtics to this command agree that the tarn ardlives ere, in fen, bona file and pmscas full and complete authority to bind said parties. LIMITATION OF TERMS. This Purchase Order expressly limits Acceptance An the mom end conditions stated hemin set reach end any surplemen2ry AT additimnal arms and amditions ennead hand. m incorporated had. by reference. Any s lditiotml or diRnant tams and conditions prepared by culler arc objected to and hereby bjaded. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you caws make campus shipment m Ali an your prbmised delivery date As Acted. Time is order, essrnce. Delivery and crifinummm, ins Is, spherical wi,hin the more ,.led'on The purchau oNer end the documents mooched hereto. No Acts If the Purchasers including, without fmhafmon,.ceomerm of partial late deliveries. shall .,.is As A wrivm of tnia provisiwn: In the event of Any ddA,. the Purchases shall have, in Addition to other legal end equitable remedies, the common of rindng this oNer elsewhere And holding the third liable far damage. Hmwxver. the Seller shall not be liable for damages as a result ofdel., due to causes not masmoably finesdzble which me beyond its reasonable control and without its fault of ncgligmce, such acts of God, aces Afeivil or military authorities, govenmemal priorities, fads, strikes. Boor, epidemics, wan Or rims provided that noire of the conditions causing such delay is given to the Purchaser within five (5) days of TM1c lime when the Seller fiat received knowledge Thercaf In ,he event of any such delay, the date of delivery shell be extended for the period equal In the time actually lost by reason of the delay. 3. WARRANTY. The Seller warmers That all goods. articles, materials and work covered by this Told will conform with Wfable irmvimgs. specification, seat and/or other dacrlptioms given, will be fit for the purposes intended, and performed with the highest degree of moo and competence in Accordance with accepted slandards far work of A similar aam ,'The Seller agrees to hold the purchaser harmless from zany lass, dams or expense which the Purchaser may suffer AT incur on account of the Sellers branch ofmrrany. The Seller shall replan, repair or make good, within cost to the punhaxq Am defeca Or faults raising within one (1) Set, or within such longer periM of time as sees be prescribed by law or by the mom of any applicable womanly provided by the Sella Allen The dale of acceptance of the goods banished hereuedd (adepanee not In be, unreasonably delayed). resulting from imperfect or defective work done at materials punished by the Sella. Acceptance or use of goods by the Purchaser shall nor cooslmm a weird Tinny claim under this wanany. Except as otherwise provided in this purchase nNd. the Sellers liability hereuMa shall cancer to all damages proximately mused by the branch of any of the foregoing warranties or gumamea, but such liability shall in no event include Ira of profits an less Of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. d. CHANGES IN LEGAL TERMS. The Purchaser may make changes to legal terms by such. change older. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terms, other than legal terms, including Additions to or deletions from the qunciame originally ordered in the spaifiulinnn AT drawings, by verbal br wvilm. has, Aide, If any such change affects the mooArt due or the time of performance hereunder, an equitable adjustment shall he Alone. 6. TERMINATIONS. The Puteh rum may at any time by wroun change order, terminate this agreement as in any or all pociaea of the good then And shipped, subject to any equitable adjustment between the Parties as to any work or materials then in progress provided that the Nahassr shall nor bn liable fro Any Claims fro anticipated rvnfts an he uncompleted portion ofibe goods ardor work, for mcideeml or consequential damages, and that no such adjusment be made in favor of ths Scllcr with ¢sped to any goods which arc the Sellers standard sleek, No such lawmalion shut] relieve the Froths d AT the Seller afany ofineir obligations as to any goods delivered haasndd. 2. CLAIMS FOR ADJUSTMENT. Any claim fro Adjudicator most be aasened within thirty (30) days from the dam the change or h'rmination is athend. ,.COMPLIANCE WITH LAW. The Sella warrants the: all goods said hereunder shall have bean produced sold, delivered and fumiahed in door compliance with all apple able laws and regulations to which the goods an subject. The Selld shall eaecum and deliver such documents As may be admired In eRd: oreddcece compliance All laws and Trgulmion Acquired to her incor p orated in agreements of this character arc M1aeby incorporated herein by this reference. The &her agrees to ndemnify and hold the purchaser harmless from all cosh AM damages sulfded by the Rummell As a result of the Sellers failure to comply with such law. 9. ASSIGNMENT. Neither Easy shall ,sign, Transfer, or convey this at or Any monies due AT m blame due hereunder without the ,car .,also cane., of are other gamy. 10. TITLE. The Scllcr warrants full, clear end untrimmed title to the Purchaser for ell equipment, materials, And items famished in performance of Ibis agreement, free and clear of any end all liana reardainns, a,urvmioas, decal interest coeumbmnees and claims ofmhets. ❑. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.' If Purchaser direas he Sere, In caner no ad nrmmini defective goods by a dam to be Agreed upon by the Purchnxr and the Sella, and the Serer rumors, indicates its inability AT am,,ilbal mew, in comply. the Purchaser may cause the work to be Performed by IM1e most expedomas means available m it, and the Seller shall pay All coals sumemmd wire such wmkl - . i' . The Seller shall mlearm the Purchaser and its contractors of any tia from all liability and element of any Tatum resulting from the performance ofach wart. This release shall apply even in the event of fault of negligence of the prom armed and shall armed m the demurral, officers and curplayres of such party. The Saild''s contractual obligations, including nu m wry, shall no be deemed to be adduced, in any way, bamuse Irish work is performed AT ousts in he performed by the Purthaxr.. Ids. PATENTS. Whcaer a the Seller is required to use any design, device, medial or process Insured by lend, patent, trademark or copyright the Seller shall indemnify and save harmleas the Purchaser from any and all claims fro infringem al by reason of ere use of such p.'.led design, device, medial Ar I m ad, in conessamn with the oawmam: all shall indemnify the Purchased for any curt, depends or damage which it may be obliged to pay by Amon of each infringement at any time during the Prosecution or after the completion of the work. In ease said equipment. at any pan thereof or the intended use of the gmode is in such suit held to conmilmc infringement and The use of, and tpIi,.t or pit is enjained; the Sena shall, .1 its aid experm and at its option, either procure for the Purchaser the Tight to continue using said equipment or pans, replace the same with substantially equal but noninfrm,inF equipment,A, modify it s. it became, nonin(dnginF., 15. INSOLVENCY. If the Scllcr shall become marred err hankmld, make ern Assignment for the benefit of coulu it, .,Air, A receiver or muses fro any of the Sellers propart or business, this order may fnnhwia be canalcd by the. Pmchascr without liability. 16. GOVERNING LAW. )/ �15' The defnitiAns of Tams used or the inlcaprelalion oohs ngrecmcnt And the rights Afall inches hadeadd shall be onalmed under and g o rnmed by the laws Ann, State of eolomda. USA. The (Allowing Additional Conditions apply only in cases wham the Scllcr is ,o perform wok herm.nder. includingtheurvicdsofSCllen Reprtuntativc(s),onthepmmiesofotb . 12. SELLERS RESPONSIBILITY. ThI Seller their carry on said work., S,IId's owe risk .,it the some is fully duni am acamsed, end shall, in x of any accident destruction or injury to the wad and/or materials helium Seller's Inner completion all wept a ra. compile the work AT Sellers awe mpenn and ,o IM1e saiisfanian of the Purchase. When mmedals and equipment are famished by others for installation or erection by the Seller, the Sella shall creative. unload, scam and handle same at the site and becoute responsible Ihcrefm as though such materials and/or anipmem were being fiamishd by she Seller undo the other. 18. INSURANCE The Seller shall, at his own caprnsc. provide fro the psymrnt of workers compensation, including ounpational disease benefits, m it, employees amploycd an or in connection with the .lark covered by this purchase AM,,. end/or to their dependents in accordance with the law, of the scam in which the work is m be done. The Seller shell Jed tarty comprehensive general liability anthill boo nor limited to, coomndoal and Aummoblle public liability insurance with bndily injury and death limits of AT least 5300,000 fro any one person, $500.001 for anv one accident and pmpeny damage limit per accident of S010/100. The Seller shall likewise acquire his contractor, if any, to provide for such ammpcn.a,ion and nearanee. Before Toy of the Sellers or his commadon employees shall do Any work upon the Internists of others. the Scllcr shall Finnish IM1e Parmesan with A eddies, that such com,ovelf an and insnanm have been provided. Such eenifmres shall specify the dale whensuch ompenalion and imam nce have been provided. Such «nifeams shall specify the dale when such eomprnwtion and insurance ca mils. The Seller agrees that such compearestrion and insurance shall be maintained until age,'he emir work is completed and accepted: 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby nasumes the entire responsibility end liability for any and all damage, loss or injury of env kind nature whawarver 1. Twourna m pmperty caused by or retailing from IM1e stamina If he woe pawidcd fro in this Purchase older or in connection herewith. The Seller will indemadfy and hold harmless the Purchaser and Am cr all of the Purchasersm officers, agents and alpinism froend Against art, and all claims, lsses a, damages. hargerPurchasers exlervers, whether direct or indirect, all ns whether to pemor popery to which the Prmsr hemay M put or subject by reaon of any reel, action, negkn, omission or default on the tun If the Seiler, any of his conmaeton, .1 any of the Seiler or conmctom oificen, .,A. Am employees. In rose Arty sit or other proceedings shell be bmugla against the Purchaser, an its N➢mn, agents m employees at any time on indaum or by reason of any act, action, neglect omission at default of the Sella of any of his cTntredms or any of it Ar their officers. Ingalls or employees as afm,sid, the Seller heeby agrees to assume the discos, thereof and to defend the same at the Shcc s own expeaew to pay any and all costs, charges, anomeys fees AM other csl'ema. any and all judgment, that may his incurred by or obtained against the Pumhaur or any of its AT man appears. agents an ednployeds in each suits or other product and in case judgment or other lien be plead upon an obtained against the property Afhe Purchase,, err laid parries in er ere A maul, of such it, m other prAcccdiA,, the Seller will at once cause the ante m he dissolved end discharged by living band or mleseerbs, The Seller and his conversation shall mike all safely precautions, furnish And install all lards necessary for the pmvention of accidents. comply with all Iron and regulations with regard ,I said, including but wilbnm Ilmhmian, the Occupational Safety and Health Act of 1970 And all rules and mplatarn issued pumuantlhemo. IF Revised (Ud010 ... `:-A . le l• ...