HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9141265Fort Collins
Date: 02/26/2014
Vendor: 108423
VOGEL CONCRETE INC
6330 S COLLEGE AVE
FORT COLLINS CO 80525
QO�:LFW
PO Number Page
9141265 1of2
This number must appear
on all invoices, packing
slips and labels.
Ship To: WATER UTILITIES
CITY OF FORT COLLINS
700 WOOD ST
FORT COLLINS CO 80521
Delivery Date: 02/26/2014 Buyer: PAT JOHNSON
Note:
Line Description Quantity UOM Unit Price Extended
Ordered Price
CONCRETE & ASPHALT 1 LOT LS 11,763.81
7041
2 CONCRETE & ASPHALT
7041
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 Ennail:purchasing@fcgov.com
1 LOT LS
11,763.82
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. COMMERCIAL DETAILS.
Tax excmptions. By smtum the City of Fort Collitss is exempt from orate and local taxes. Our Exemption Number is
I I. NON WAIVER.
9"502. Federal Excise Tax Exemption Cmifcate of Registry 84.6000587 is registered with the Collector of
Failure of the purchaser an insist upon strict performance of the terms and conditions hereof, failure m delay ro
Internal Revenue. Deaver, Colorado (Ref Colorado Revised Satums 1973. Chapter 39-26,114 (a).
exemna any rights or remedies pmvidd herein or by law, failure to promptly ratify the Seller m the event of a
breach, the rap prmm ofor payment for goods hereunder or approval of the deign, shall not release the Sella of
Goods Rejected. GOODS REJECTED due to failure m meat sped fications, either when shippd or due to defects of
any of the warranties or obligations of this parchase order and shall but be seemed a waiver of my right of the
damage in h .it, may be retumd to you far credit and are not as be replaced except upon receipt of written
purchaser to insist upon shied permit hereofor any of its rights or remedies as to any such goods, regardless
instructions firm the City of Fort Collins.
of when shipped, received or accepted, as many prior or subsequent default hereunder, nor shall any purported
am[ modification or rescission of this purchase order by the Purchnser operate as a waiver army of the mrrns
Inspection. GOODS arc subject to the City airport Collins inspection an arrival.
hereof.
Final Acceptance. Receipt of the merchandise, se pmr equient in response m this under an result in
12. ASSIGNMENT OF ANTITRUST CLAIMS.
tb nuoriced payment on the pan of the City of Foe Collins. However, it is to be understood that FINAL
Seller and the Purchmer recognize that in actual a omit prutice, overcharges resulting from antitrust
ACCEPTANCE is dependent up on cnmpleriun of all applicable required inspection proredures,
violations are in fact home by the Purchaser.Theretofore. for good cause and as consideration for executing this
purchase order. the Seller hereby assigns to the Pombri r any and all claims it may now have or hereafter
Freight Tema. Shipments mast be F.O.B., City of Fort Collins, 9W Word St., Too Collins, CO 80522, unless
acquired under federal or state antitrust laws for such overcharges relating to the particular goods or services
,duaw se specified on this order. If permission is given to prepay bright and charge separately, the original freight
purchased or acquired by the Pumhaa proposal to this purchase order.
bit must accompany invoice. Additional chamax for cracking will not be accepted.
Shipment Distance. Where manufacturers have distributing paints in various pans of the country, shipment is
expected from the nmresr distribution in, to desumumn, and excess freight will be deducted from Invoice when
shipments are made from greater distance.
Permits. Seller shall procure at callers sole cast all necessary permits, certificates and licenses "Ted by all
applicable laws, regulations, corporals and rates of the score, municipality, territory Or political subdivision where
the work is performed, or required by any other duly mnstituled public authority havingjurindiancn over the walk
of vendor. Sella further apace to hold the City of Fort Collins hamdes from and against all liability and loss
incurred by them by reason of m alerted or established violation of any such laws, regulations, ordinance, roles
and requirements.
AuNorizalion. All ponies to this contwct agree that the repm erne ives me, in fast, bona fide and possess full end
sidam authority to hind said parries.
LIMITATION UP'rERMS. This Franchise Order expressly limits acceptance 1. the terms and conditions stated
here. set fodh and any supplemenary or additional terms and conditions annul harem or incorporated herein by
reference. Any additional or different terms and conditions proposed by salter ore objected to and hereby rejected.
2. DELIVERY.
PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment m amve on your
promised delivery date as noted. Time is of the essma. Delivery and performance must be effected within the time
stated on the purchase order and the documents attached hereto. No acts of the Pumhners including, without
limitation, acceptance of prnial late deliveries, shall openm or a waiver critics provision. In the event i f any delay,
the Producer shall have, in addition to other legal and equitable remedies, the option of placing this order elsewhere
and bolding the Seller liable for damages. However, the Sella shall not M liable for damage as a result of &days
due m muses not reasonably unattainable which are beyond its reasonable control and without its fault of negligence,
such acts arced, acts ofcivil or military common, governmental pdonlies, fifes, sicker, Oond, epidemic, wars or
riots provided that ratite of the reactDons causing such delay is given as the purthaur within fie (5) days of she
time when the Seller first received knowledge therm[ In the event of tiny such delay, she dam of delivery shall has
extended for the rated equal m rare time azmoly had by reman of the delay.
).WARRANTY.
The Seller warrants that all goods, articles materials and work covered by this order will wnform with applicable
drawings, speciBcmimus, samples and/or other, descnplions given, will be fit for the purposes intended, and
performed with the highest degree of care and competence in accordance with accepted smndands for work of a
similar court. Ina Seiler agrees 10 hold the purchaser harmless from any lass, damage or expense which the
Purchaser may super or incur on account of the Sellers breach of wanmty. The Sella shall replace, repair or make
goad, without cost a the pruchaxq any defects or faults arising within one (1) year or within such longer period of
time as may be prescribed by law or by the terms army applicable warranty provided by the Seller after the date of
acceptance oththhe grads famished hereunder (severance not 10 be unreasonably delayed), resulting from imperfect
or detective work done or materials famished by the Seller. Acceptance or use of goods by the Purchase shall not
onstimre a waiver of my claim under this warwnly. Except as otherwise provided in this purchase arder, the Sellers
Liability hereunder shall extend to all damages pmxlmmely caused by the breach of my of the foregoing warranties
or guarantees, but such liability shall in no event include loss of port or lass 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 waned change order.
5. CHANGES IN COMMERCIAL TERMS.
The Purchaser may make any changes ro the terms, other than legal remrs. including addition to or delicious from
the ......Iles originally ordered in the speciftatiom or drawings, by verbal or warn change order. If any such
change offer. he amoum due or the time ofpednrmane, hereuudeq an equitable wilinn rid shall be made.
6. TERMINATIONS.
The Purchaser may at any time by written change arder, terminate this agreemem as to any or all portion of the
goods than not shipped, subject to any equitable cal atmenl between the ponies as to any work a, materials then in
pmgrtss provided than the Purchaser shall not be liable for any claims for anticipated profits on the uncompleted
ponian of the goods and/or work, for incidental or consequential damages, and that no such adjunmmt he made in
favor of ten Seller will, respect 1. any goods which am .he Sellers standard stock. No such termination shall relieve
the Purchaser or the Seller of my of the,, obligations as to any goods delivered hereunder.
T. CLAIMS FOR ADJUSTMENT.
Any claim far adjuslmeal mud be asserted within thirty (30) days from the dam the change in taftionam. is
oNered.
I COMPLIANCE WITH LAW.
The Sella, wmplas that all goods sold hereunder shall have ban prdured said. delivered and fupolood in stria
compliance with all applicable laws and regulations 1. which the goods me subject. The Seller shall execute and
deliver such documents as may be n donst to effect or evidence compliance. All laws and regulations mapped to be
incorporated in agreement, of Nis chancier are hereby incorporaed herein by this reference. The Seller agrees m
indemnify and hold the Purchaser bvmlas f all cods and damages suffered by the Purehaser as a result of the
Sellers failure to comply wind such law.
9. ASSIGNMENT.
Neither Parry shall assign, transfer, or convey this order, err any monies due or to become due hereunder without the
prior wdnen consent of the other parry.
10. TITLE.
The Seller warrants full, clear and unrestricted title to the Purchaser for all equipment, materials, and items famished
in performance of this agreement, free and clear of any and all liens, restrictions, reservations, secwity interest
encumbrances and claims f.flan.
U. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS.
Ifthe Purchaec directs the Seller to correct nonconforming or defective goods by a date to be agreed upon by the
Purchaser and the Sella, and the Seller Mamma indicates its inbihiy ar unwillingness to comply, the Purchaser
may cause the work to be performed by the most expeditious meam available m it, and the Seller shall pay ell
costs msociand with such work.
The Seller shall release the Pwchsser and its contractors of any tier from all liability and claims of my reduce
resulting from the performance of such work.
This mleae shall apply even in the at, of fault of negligence of the party released and shall extend b Me
directors, officers and employees of such parry.
The Sclices contractual obligations, including warranty, shall not be, deemed an be reduced, in any way, because
such work is performed or caused to be performed by the Purchaser.
14. PATENTS.
Whenever the Seller is required to use my design, device, material or process covered by letter, patent trademark
copyright, the Seller shall indemnify and love harmless the Pombase, from any and all claims for infringement
by rensmr of the use of such patented design, device, material or process in connection with the contract, and
shall indemnify the Purchaser far any cost, expense or damage which it may be obliged to pay by reason of such
infringanent at any time during the prosecution or after the completion of the work. In cue said equipmmr, or
any part thereof or the intended um of the goods, is in such suit held to constitute infringement and the we of
said equipmenl or part is enjoined, the Sella shall, at its own expense and at its upon., either procure far the
Purchaser the right to continue using said equipment or Islas, replace the same with substantially equal but
noninfringing equipment, or modify it so it becomes noninfdnging.
15.I1SSOLVENCY.
If the Sella shall become irmoI'm, or bankmps, make an assignment for the benefnl of credisors, appoint is
paceiver or trustee for any of the Sellers Tragedy or business, this order may foMwith be lowered by the
Purchaser without liability.
16. GOVERNING LAW.
The definitiore of terms used or the interpretation of the agreemal and the rights of all panics hereunder shall be
command under and invented by the laws arrive State of Colomdo, USA.
The following Additional Conditions apply only in taus where the Seller is to perform work hereunder,
including the services of Sellers Repreummtivas), on the premises of others.
17. SELLERS RESPONSIBILITY.
I he Seller shall carry on said work at Seller's own risk until the same is fully completed and accepted, and shall,
in u 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 W the satisfaction of the Purchaser. When materials
and equipment are famished by others for insallmmm or creation by the Seller the Seller shall receive, unload,
store and handle same at the site and become responsible Ihetefor in though such materials mentor equipment
were being famished by the Seller under the order.
18. INSURANCE.
The Seller shall, at his own expense, provide for tle payment of workers compensation, including oneupatiorel
disease lateral, to its employees employed on or in connection with she work covered by this pweb..re, order,
paper to their dependents to pmxmd ce with the laws of she state in which the walk is m be done. The Sella
shall also carry comprehensive general liability including, but not limited to, contmetml and aummobile public
liability insurance with badly raja, and death hniu of. lent voo,UA tar pay one person, ss00.000 for my
one accident and propmy damage limit pa recidem of $4W,Wo. The Sella shall likewise regin, his
aphiscmrs, if any, an provide far such compensation and imunnce. Before pay of the Sellers or his contracmrs
employees shall do any work upon she premises of orders, Me Seller shall famish she Pmdamr with a certificate
that such compensation and insurance have been provided. Such cenifeates shall specify the date when such
comprehension and insurance have been provided. Such cenifcares shall specify the date when such compensation
unit insurance expires. The Sella agrees that such compensation and insurance shall be maim oral will[ after the
entire work is completed and accepted.
19. PRO I'ECTION AGAINST ACCIDENTS AND DAMAGES.
The Seller hereby assumes the entire responsibility and liability for any and all damage, lass or injury of any kind
r nature whatsoever to persons or property caused by or resulting from the execution o ma work provided for in
this purchase order or in connection be ewiN. The Seller will indemnify and hold hamdeas the Pwcha er and any
r .11 of the Pumhreers pricers, agents and employees from and again any and all claims, losses, damages,
charges or expenses, whether direct or indirect, and whether to person or property on which the Purchsser may
be, put or subject by reason of my act, action, neglect, omission or default on the pan of the Sella, any of his
couractors, at my of the Sellers or contractors officers, agents or employees. In case any suit or other
proceedings shall ha brought agairat the Purchaser, or its officers, agent or employees many time m account or
by reason of any tar, antiaa neglect, omission or defaub of the Sella of any of his contractors or my of its or
their officers, .gents or employees as aforesaid, the Sella hereby agrees to assume tle defense manor and to
defend Me same in the Sellers own expense, m pay any arM all costs. charge, attorneys fees and other experses,
any and all judgments Nat may be incurred by m obmind against the Purchaser or any of its m thew officers,
agents or employees in web suits or or proceedings, and in case judgment or other Iran be placed upon or
obtained against Me pmpeny of the Purehaser, or said ponies in or in a result of such sums or other proceedings,
the Sella will at one cone the come or be dissolved and dircha scl by giving band or otherwise. The Seller and
his contractors shall rose all safety precautions, famish and insall all guards necessary, for the preventim of
accidents, comply with all laws and regulations with viand to safety including, but without limitation, the
Occupational Safety and Health Act of 1970 and all rates and ministers issued personal thereto.
Revised 03Q010