HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9140734PURCHASE ORDER
Fort Collins
PO Number Page
9140734 1of2
This number must appear
on all invoices, packing
sli sand labels.
Date: 01/31/2014
Vendor: 108423
Ship To:
STREETS DEPARTMENT
VOGEL CONCRETE INC
CITY OF FORT COLLINS
6330 S COLLEGE AVE
625 NINTH STREET
FORT COLLINS CO 80525
FORT COLLINS CO 80524
Delivery Date: 01/31/2014
Buyer:
JOHN STEPHEN
Note:
Line Description'
Quantity
Ordered
UOM Unit Price
Extended
Price
2014 Crack Seal Contract
1 LOT
LS
440,698.90
Renewal
PER TERMS AND CONDITIONS OF BID 7290
AND RENEWAL AGREEMENT DATED JANUARY 16, 2016
City of Fort Collins Director of Purchasing and Risk Management
This order is not valid over $5000 unless signed by Gerry S. Paul
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
Total
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
1. COMMERCIALDUAR.S.
.ban rd
Tax exemptions. By ware the City of Fart Callim u dump 5om suit and lout taxes.Our Rxempfim Number u
11. NONWAT% ER.
98-0is502. Federal fine Tax Exemption Ceifiau of Registry 84-6000587 b restmond wilts As Collector of
Failure of As purchaser to hosing upon send I dfomanu ofthe term and condinord hereof. failure or delay as
Internal Revenue, Dcnvon Colorado (ReE Colorado Revised Saturn 1973. Chapter 351,26, 114 (a),
exercise my rights or swaddles provided herds or by law, failure eo pmnerly ndify, the Seller to the scene of
Goods Rejected. GOODS IUUEMD due to failure to reed specifications, either when shipped or due to default of
breach, the aaepuna afro payment for goods hereunder or approval off, design, Nall nor=l,ae Me Seller of
any of the wemntlns or obligations of Nis purchice order aced shall no be deemed a waiver of any rghi of the
damage In hsmit, may be mmnal to you for credit and arc not to be replaced except upon retold of wdrten
puuhwr to insist spa. Aid performm« banner., any atilt dints or remWies as to any such goods, rtprdw
onsamcfiow from the City of Fort Callao
of when shipped, received or accepted, "m my prior or voted ent default hereunder, am shell any puryoned
Inspection. GOODS are subject to die City of Fort Collins inspection an arrival,
oral cared Ifirmon or reuiulon of dila purchase order by the Purchaser opened u a waxed of any of the read
h.E
Fine) Acceptance. Receipt of the merchandise, services or equipment in respawe to dies order can result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
authorized payment on the part of the City of Fort Collins. However., it is to be understood the' FINAL
Seller and the Purchaser rcwgni= that in what economic practice, evemhorges resulting form antitrust
ACCEPTANCE is dependent upon completion ofall applicable required inspection peaccdund.
violations arc in fad been by the Purchaser. Theretofore, for good came and "considenfim for occur, this
di S11 It
Freight Terms. Shipments most be F.O.B., City of Fort Collins, 700 Wood St, Fort Collins, CO 80522, unless
otherwise specified on this ordd. If permission is given to prepay freight and charge separately, the original freight
co bill most acmpany invold. Additional charges forpacking will ram be accepted.
Sh)pment Disune ce. Where manufacturers have distributing points In weriaus pasts of tie country, shipment is
es expected from the nr.l distributors paint to dofmatlan, and excess freight will be deductedm forInvest when
Aqueous am made hem trustee distance.
Famous- Seller shell Procure at xlled sale cost all merwPermits.ry Permits. canifiatn am litre. required by ell
spillable laws, ministers, ondinmtr and m ov of As sate, municipality, territory or political subdivision when
Me wok la perfumed, or required by my odd duly cowdwted public authority lacier, judediefian over rise wok
of vddar. Seller Justice
er eto hold Mes e City of Fort Collins handled from and against all liability am lass
invented by Mere by ream, of an wasted or established violation of my such laws, resentment, understand, min
and=quiremcats.
Audiometer. All parties to diis contract ague that the reprtunmiv. arc, in fact, been fide ad peace Fell and
complete authority to him aid p rms.
LIMITATION OF TERMS. This Purchase Order exprwty limits acceptance to die tams and committed doled
hdein "I toed end any -1Im mgdY or edditowl remMm acdidem moexed hum
an or incorporated herein by
reference. Any additional or different terns and conditions proposed by seller are objected to adl hereby rejected
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately tf yen cannot make complain shipment to arrive an your
promised delivery data as noted. Time is of the wane. Delivery and allocation moot be affected within the time
staled on the purchase order and the documents enmh achcd hereto. No acts of the Puavrs including, without
limitation, acceptance of portal late deliveries, shall opemd as s waiver of this prevision. In the event crony delay,
Me Puuu har shall have, in addition to other legal and equitable rcmmics, tie option ofplacing this under elsewhere
and holding the Seller liable for damages. However, We Seller shall not be liable for damages M.a result of delays
due to awn not reasonably fcamenable which are beyond its reasonable control and without i%fault ofnegliVien,
such acts ofGod, acts of civil mfilmy a afddtim, governments pdodtin, Bess, striker, Rood, spidemlu, wars m
flea provided Mal notice of tie condifioss causing such delay is given to the Purchaser within five (5) days of the
time when the Seller tied received knowledge thereof. In the event of any such delay, Me dote of delivery shall be
extended for the period equal to die time annually lam by=am of the delay.
3. WARRANTY.
The Seller warned that all goods, aeficles, matedaH add work summ d by this order will conform wif applicable
names, finmificadow, amples ads, that dmention. gI., will be in for tie PdWres inandcd, aw
performed wMi dic highest degree of care am attention or wefl an s widi cupm mandads in. wok of a
similar whim. The Seller apes to hold die pidlaser handled fiam any loss, it., err expense which the
Perchance may suffer or incur on sound ofrhe Seller broth ofwarranty. The Seller shall replace, =pair or make
good, without cost to die Pmcheur, my deice% or boost under, within can (1) year or within such longer period of
floe. may be presented by law or by do ems ofmy epplieable warranty provided by Me Sella -after fe dato of
acceptance of the goods fmlandd hdmnda (acceptance not 1. be umcaumbly delayed), resulting from impdfdt
or defective wok time or makrials Femished by the Seller. Acceptance or use of goods by At Pumh"ee shall not
dreamer a waiver ofany claim under dw warranty. Except ss otherwise provided in this purchase order; the Sullers'.
liability hereunder shall extend to all damages proximately caused by the batch of any of the foregoing marches
or gmrantces, but such liability shall in no event include Ice ofprofits or lots of use. NO IMPLIED WARRANTY
OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY.
4. CHANGES IN LEGAL TERMS.
The Feminine may make dunges to legal terns by wrimmi change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make my changes to die term, other Am legal turns, including additions to or delefiom from
the gmnti0o originally ordered or die specification or drawings, by verbal or written change under. If any such
change affects the amount due or the time ofpedormmt hereumm. an equitable adjustment shell be made.
6. TERMINATIONS.
The Pundower may at any time by written change order, terminate this agreement as to any or all portow of die
goods Men not shipped, mbjccuo any equitable adjustment ladveev Mc parties "m my work or contends Men in
progress provided that Out Forebear shell not be liable for my claims for anlicipled profits on Me umomplcmd
portion of the goads We, work, for inetdental or canwquenti l damages, and diet no such adjustment be made in
favor ofdie Sell- with respect to any gaud, which am to Seller member! nark. No such termination shall relieve
the Purchaser or the Wier army oftheir obligations ss to any goods delivered hermnder.
q. CLAIMS FOR ADRISTMENT.
Any claim for adjustment moot be averted within diiey (30) days from the date the change or excruciation is
ordered.
B. COMPLIANCE WITH LAW.
The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and punished in Aid
compliance with all oppliable laws and regulations to which the goods arc subject, The Seller shall execute and
deliver such documents as may be required to diva or evidence compliance. All laws and regulations required to be
incorporated in agreements of this character ere hereby incorporated herein by this reference. The Seller egrets to
indemnify and hold the Purchaser hamdess from all tied and damages suffered by the Purchaser es a result of to
Sellcn failure to comply with such law.
9. ASSIGNMENT.
Neither parry shall assign transfer, or convey the eMe,. or any monies due or to become due hdcunder wihout to
prior written consent cribs other patty.
10. TITLE
The Sell=wamnd Fell, Clem am um.triceed role to the Purchases for all equipment, materials, and item furnisher,
in perfondance of 06 Immune. fie, aver clear of my am all lien, maxim mar, reservations, study bream
mcumbeirem and claims ofahms.
Psse 0 er, e c r ere y an gas to the Pumhmd any and all Arms it may now have or hereafter
acquired under federal or sale antitrust laws for such overcharges Tensing to the particular goods or services
purchased oraquimd by the Purchaser purmmt to this purchase order.
13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
If the Funded, diacts the Sc11c, in come,, nmovnfandie, or defective goods by a data m be agreed upon by the
Purchaser and the Seller, and the SdIer hereafter indiums its inability or unwillingness in comply, the Pumhr ad
may came the week to he pcofmmed by the most expeditious maw available to it, and the Seller shall Pay all
cats wooiared with such wok.
The Seller shall MI. die Purchand and Its conceders of my tim from all liability and claims of any nawre
restating from Me Performance c fsuch wale.
The -1-1 A-11 apply even in die event of fault of negligence of An party released and shall extend to die
director, often am employees ofmch party.
Th, Sellers mnsfaetual obliptiow, including warranty, shall not bs domed M be reduced, in any my. because
such work Is perfomed or carded to be performed by the Purchased.
14. PATENTS.
Whenever Me Selleris hall idtousemydesign,deice,thePencorpmceu my and by kBd,for Infringement
by enaccon o tie Seller shall indemnify end save h ice, material the Pm r Irate from my and all claims for ininpmdnt
by reande tithe ix of such formred design, device, ime.hi h it may
ire bli,o t wadi the commet,...f and
shell indemnify die time dPersiauo for any m4umd or or demege which it maybe obliged to pay by rc.en ant m
Infringement m or time tended the of the fion s, after the completion ofrhe work, In uses said equipment, or
any pert,.,, or she intended use he she goods, is in such nit herd m and
at
Infringement and the use of
said equipment or port Is enjoined, the Seller shell; el its own expense end m its option, either procure to, the
remoter she right to continue using said equipment or Paid, replace Its same with subsrvmielly equal but
noninfindringing equipment, or modify it so it becomes mninfiietging.
15. INSOLVENCY.
If the Seller shall become insolvent or bmkmpt, make an assignment for the benefit of creditors, appoint e
receiver or trustee for any of the Sella property, or busww, this order may 4aMwldi be canceled by do
Pumhwr wiNaut liability.
16. GOVERNING LAW.
The dcfinifions art. used or the interpretation afthe tideen¢m and Me rights ofall party. hereunder chell he
mastmed under end Invented by die lawn ofrhe State efColondo, USA.
The following Additional Condttiow apply only in cases what tic Seller is to perform work her ender,
including Me s,rvicee ofsellen Repmentstive(sk on the pmmism eroded,
IT. SELLERS RESPONSIBILITY.
The Seller shall awry ..,old work el Seller's own risk until die vase is fully completed end sodium, and shell,
is use of eery accident, destruction or injury to the work and/or materiels before Sellers final completion and
acceptance, complete the wok at Sellers awn expend and to the satisfaction of the Posthaste. When materiels
and equipment are finished by otheri for installation or runfion by the Seller, the Seller shall receive, unload,
smre and handle more at the site am become .,..this therefor as though such numnals and/or equipment
went being fmished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for the payment of woken compensation, including occupational
didau bene0ts, to its employees employed an or in connection with Me .,it covered by this purchase He,
andor to their depowdes in accordance with the laws of rise sure in which the work Is to be done. The Seller
shall also carry, comprehensive gcnml liability including, but not limited to, contractual and automobile public
liability Immune, with bodily injury and death limits of at least S300.000 for ony one permn, $500.000 for any
one accident and property damage limit per accident of S400,000. The Seller shall likewise require his
command, if my, to provide for such compm"fion and insunnt. Refuse any of the Sellers or his conceders
employees shell do any wok upon Me premises of others, use Seller shall furnish the Purchaser with a out
that such compen"tion and bituminous have lien provided Such centficace shall strictly As dose when such
compensation and )name. have ban providd. Such udifient. shall specify the data what such ampama m.
and mention eques. The Seller agrees that such commitments and iwaance shell be maintained until after Me
vote. wok is completed snd accepted.
19. PROTECTION AGAINST ACCIDENTS AND DAMAGES.
The Sell. hereby assumes the entire topped IN I i ty am liability for any and all damage, loss or injury ofany kind
Or venue whalttver to persons or preps fly caused by or resulting from fe eaecution of the work provided far in
this purchase order or in connection herewith. The Seller will indemnify and hold went the Portion, and any
or ell of the Pumhasm oMet., agent, and employees fore ..it .,lost any and all damn, loues, damages,
charges or exprmes, whither dirt,, Or indirect, am whether to persow or propery no which the Purchaser may
be put or subject by mason of any act, aeries, neglect, omission or default on the pad of Ilia Seller, my of his
enact=, or any of the Sellers or commeters oBiccd, agents or employees. In case any suit or other
,needs, shall be brought against the Purchaser, or its oMo.. agents or employe„ at any time on account err
by reason of my act, action, neglect, omission or default of the Seller of any of his conmerms or any of its or
their effects, agent err employe,, a aforesaid, the Salle, hereby agrees to assume the defense liner and to
defend the "me at the Sellers own expmet. to pay any and all cats, chirp., attorneys fees and other expenses,
my and all judgments that may be incurred by or Obtained against the Purchaser or any of its or their oHicen,
agents or employees in such suits or other proceedings, and in case judgment or other lien be placed upon or
obtained against the property of die Purchaser, or aid pardes in or u a result crunch min or other proceedings,
Me Sella will at once cauu tie sine to be dissolved and discharged by giving bond or odicrwise. The Seller and
his cmcedare shall like all "fey pacamieus, fiuoah and inmB all spends necessary for the pe,vendom of
edidents, comply with all laws and regulations with regard to safety including, ben without limitation, the
Occupational Safety and Haldi Ad of 1970 and ell odes and namidew issued pumana Return.
Revised 03n010