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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9142312Fort Collins Date: 04/25/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 lallas `GMUO PO Number Page 9142312 1 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: STREETS DEPARTMENT CITY OF FORT COLLINS 625 NINTH STREET FORT COLLINS CO 80524 Delivery Date: 04/25/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 SMP, Concrete Contract 1 LOT LS 346,496.12 PER TERMS AND CONDITIONS OF BID 7361 AND AGREEMENT DATED MARCH 18, 2014 2 2014 SMP, Concrete Contract 1 LOT LS 1,226,965.66 Total $1,573,461.78 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 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. COMMERCW.DEFAIIS. Tax exrmptioses. By assume Me City of Fort Collins is exempt hem sate and local taxes. Our lhone,dm Number is 98J 502. Federal Exciw Tax Exemption Catifimm of Registry eb-6000587 is registered with the Collector of Internal Revenue, Deaver, Colorado (Ref. Colorado Revised Shouts 1973, Chapter 39-26.114 (a). Goods Rejected GOODS REJECTED due to failare to meet spmRostions, either when shipped in due to def a of damage in m not. may be relumd to You far made and are n01 re be replaced co epl aeon except Of WwIm instructions from be City of Fort Collins. Impatioa GOODS son subject to the City of Fort Callus impecdon an coined. Final Acceptance. Receipt of the merchandise, urvica or equipment in response In tole order con result is unburned Payment on the pad of the City of Fort Collins. However, it is to be understood that FINAL ACCEPTANCE is daprnden upaa completion of all applicable mryined inspection procedures. Freight Toms. Shipments must be F.O.B., City of Fort Collins, 200 Wood St., Fort Collins, CO 80522, unless otherwise ¢pceifed on Nu order. Ifpermissio r is given to prepay ficight and charge separately, be original freight bill most accompany invoice. Additional charges for packing will not be attempted Shipment Distance. Where manufacturers have distributing points in valour parts of the country, shipment is expected from the nearest distribution paint to destination, end excess freight will be deducted front Invoice when shipments sere made from greater distance. Pennies Seller shall procure at sellers sole cost all neronsnry permits, mdlficatm and licenses required by all applicable laws, regulations, ordinances and rules of fro state, municipality, territory or political subdivision where Me work is performed, or required by any other duly constituted public authority having jurisdiction over the work of vendor. Seller further agrees to hold the City of Fort Collins harmless from and against all liability and loss incurred by them by rcamn of an asserted ae established violation of any such laws, regulations, eminences, cola ..it requirements. Auboroetion. All podia to this contract ag,ee that the representatives are, in fact, bona fide and possess full and complete authonty to lived said portion. LLUITATION OF TERMS. This Purchase Omer expressly limits acceptance to be terns and mditiona sated herein set forth and any supplementary or additional home and conditions annexed hereto or incorpanmd herein by reference. Any additional or different tenor and contions diproposed by actor art objected to and bomb), rtjated. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if yen owner make complete shipment w arrive on your Promised delivery date as noted. Time is of be essence. Delivery and performance must he effected within be time sated on the purchase order and the documents amchd hcrolo. No act of the Purchasm including, without limitation, acceptance of p.ni.1 late delnums, shall came m a waives of this pmvuion. In the event efrol delay, Me Purchaser shall have, in addition to ocher legal and equitable remedies, the option ofplaciag this order elsewhem and holding tha Seller liable for damages. However, the Seller shall not he liable far damages as a result of delays due to causes not ressombly foreseeable which arc beyond its mmnable canal and without its fault of negligence, such aces al -God, gists of civil or military mborities, governmental priorities, firm, strikes, food, epidemics wars or rats provided bet nonce of the conditions musing such delay is given as the purchaser within five (5) days of be time when the Seller first eceived knowledge dom ill be the event of any such delay, the dam of delivery shall he extended for the period equal to the time actually lost by mason ofbe delay. 3. WARRANTY. The Sella wemenin that all goads, articles, materials and work covered by this ardor will conform with opplimble drawings, specifications, samples minor other descripdors given, will be fit for the purposes intended, and performed with the highest degree of cam unit competence in accordance with accepted standards for work of is similar nature. The Seller agrees to hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach ofwamnty. The Seller shall replace, repair or make goad, without cost to the pnrehum, my defects or faults arising widen an (I) year or within such longer period of time as may be prescribed by law or by the toms of my applicable warmany provided by the Seller After the date of cceptans, of the goods Punished hereunder (acceptance not to be toveamnabty delayd), resulting firm imperfect or def five work done or materials Finished by the Seller Acceptance or me of goods by be Pomchaer shall at mnsdww a waiver of any claim under this warranty. Except es otherwise provided in this purchase order, the Sellers liability homummder shall attend to all damages proximately mused by the breach of my of the foregoing waenntim or guuaatons, but web liability zbml in an event include Inss ofpmfia or 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 wdttm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchases may make any champs to the homes. other than legal tams. including additions to Or deletions from the gmnthim arigially ordered in fe specifications err dmwings, by verbal or amen change order. If any ..an change affects the amount due or the time ofperformence hereunder, an equitable adjustment shall be made. 6. TERMINATIONS. no Purchaser may at any time by widen change none, terminate this agreement as w any or all podium of be gooda then not shipped, subject to any equitable adjustment beromn the parties as to any work or malenals then in progress provided that the Purchaser shall not be liable for any claims for anticipated pmfta on be uncompleted Fusion of be goads andtor work, for incidental or c megunntial damages, and that no such adjustment he made in favor of the Seller with respect to any goods which are be Sellers standard stock. No such lamination shall relieve Me Purchaser or the Seller ofany of their obligations as to any goods delivered hereunder. T. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must be asserted within thirty (30) days from the dam the change or memination is ordered. S. COMPLIANCE WITH LAW. The Seller wnmants far all gcoda sold hereunder shall have been produced, sold, delivered end punished m other compliance with all applicable laws and regulations to which be goods am subject. The S411ee shall execute and deliver such documents as may be requird to effect or evidence compliance. All haws and regulations required to be incorporated in agreements of this character On hereby incorporated herein by this reference. The Seller egrets to indemnify and hold be Posthaste he.]. from sell costs and damages suffered by the Purchaser as is vault of Me Sellers failum to comply with mch law. 9. ASSIGNMENT. Neither party shall assign, transfer, or co.vcy fis order. or my monies due or to become due hertuwd without Me Our written no, ofthe other party. 10. TITLE Toe Sella warans full, clear and twestrictd fide w be Purchaser for all equipment. miner ids, and items fumbohd in performance of this agreement, flee and clear of any and all lien, restrictions, rescr o noun, immunity interest amumbmaes and claims of others. I I. NONWANER Failurt of the Purchaser to insist upon shierain or by la of Ote terms amp cooditiens I. Sell r in the oe dairy a exercise a eights t mvdpa provided herds oe by law, failure b promptly mdfy fe Sella in be eventSeller r a bench, the aaapaoccr obligations ationsfor goodshertunder orapprovalswelfilmotW deep, shagtile, at of the Severof my Ofine wmmnda or obhgatiom of tide pt mfor order evil shill out a dermd a waiver of my right of she pwchssermpedtupon mbmitt perfomd, as ha any prormy ofinnoonerrfault aswmYsuchgoods, regardless ofwhenificatN,receivedorm of aswany prior err du Parrelesdefaultte as on.err shall of Thisftprepared oral mdifmaon or rescission of bf pumhue order by the Pumhasa .pros as a waives of my .(the mmu h<rtaf. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller aed the Purchaser rempbs: that in ..I to .omit psvcfim, overcharges resulting fiom antitrust violations art in fact borne by the Purchaser. Therewfom, for good eeme and a mmideratian for mecutlag this purehese He,, fe Sella hereby assigns to the Purchaser any and all claims it may new have or hereafter acquired order fcdeml or sate antitrust laws for such overcharges relating to she particular goods or services purchased e r mquised by the Purehoserpmouant to this pnchas. anchor. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifthe Purchaser directs the Seller an correct nonconforming or defective goods by a date to be agreed upon by she Purchaser end the Seller, and the Sella thereof. indicates its inability or unwillingness to comply, the Purchaser may cause the work to be performed by Me most expeditious means available to it, and be Seller shall pay all cost associated with such work. The Seller shall release fe Pndtascr end its mnhactba of any tier from all liability and claims of my nature resulting fore the performance afsuch work This releae shall apply even in the went of fault of negligence of the parry released and shall mood 0 the directors, officers and employees of such party. The Sellers contractual obligations, including warmly, shall not be deemed to be reduced in any way. because such work is performed or mound to be Performed by the Purchaser. 14. PATENTS. Whenever be Sella is required to use any design, device, coaled.] or pracev covered by lever, patmS bedemark or copyright, the Seller shall indemnify and save harmless the Purchaser four any and all claims for infngemmt by masea of be me of such patented design, device, matedal or process in commotion with be contract, and shall indemrdfy the purchaser for my cast, expense or damage which it may be obliged to pay by season ofsech infringement at my time during the prosecution or after the completion of the work In case said equipment, or my pad dureof or the intended me of the goads, is in such suit held to constitute infringement and the use of said equipment or pad is enjoined, the Seller shall, at its own expense and at its option, either procure for the Pumnet, be right to continue using said equipment or pats, replace the same wish substantially teal but aomunfringing equipment, or modify it an it becomes noninfinging. 15. INSOLVENCY. If the Seller shall become insolvent or bankrupt, make an assignment for be benefit of creditors, appoint a morever or trustee for any of be Sellers property or business, this order nay forthwith be canceled by be Purchaser without liability. 16. GOVERNING LAW. The definifions of terns mad or be interpretation afbe agrecmend and Me rights Of.][ podia hereunder shall be continued under and gemmed by be laws ofthe Sate of Colorado, USA. The fallowing Additional Conditiats apply only in cases where the Seller is to perform work hereunder, including the services of Scllers Repreametivjs), on thc pounds. of others. IT. SELLERS RESPONSIBILITY. The Sella shall may on said work at Scllers own risk until the same is fully completed and acmptd, and shall, in use of any accident, destruction or injury in the work and/or materials before Sellers final completion and acceptance, complete be work at Sellers own expense and to be setisfacrion of the Purchaser. When materials and equipment sm famished by others for installation or reaction by the Seller, the Seller shall receive, unload. stare and handle mere at the site and become responsible therefor as though such materials andor equipment were being fureishd by the Seller under fc order. 19. INSURANCE The Seller abal1, at ht own expense, provide for the payment of workers compeasatian, including necupafionat disease beocfils, to its employers employed on or in connection with to work covered by this percbase order, and/or m beir dependents in aroma nce with the laws of be sea in which the wark is to be done. The Seller shall we marry comprehensive patent liability including, but not limited to, contrechul .nil automobile public liability resonance with bodily injury and death limits of at lent S300,000 for my one person, $500,000 far my one accident and property damage limit per accident of E400,000. The Sella shall likewise require his comments, if any, to provide for such compensation and insurance. Bet any of Me Scllers or M1t contractors employers shall do any work upon the Freedom ofothers, the Seller shall fmish the Purchaser with a ceefific im that such compensation and inwmnce have been provided. Sash milificates shall specify be dote when such compensation and inaumeen have been provided. Such certificates shall specify the date when such compensation and insurance expires. The Seller agrees bat such compensation and insurance shall be maintained coal after the entire work is completed and steepled. 19. PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby assumes be 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 from the execution ofthe work provided for in this purthase.odor or in eccentric. hemwith. The Seller will indemnify and hold hmmlues the Purchaser end any or all of the Purchasers officers, agents and a mployem from and against any and all claims, lasses, damages, charges or expenses, whether direct or indirect, end whether to persons or property to which the Purchaser may be put or subject by reamn of my act, action, neglect, omission or default on the pan of the Sella. my 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 Me Purchazeq or its officers, agent or emplayees at any time on account or by reason of any act, action, neglect, omission or default of be Seller of any of his contractors or my of its or their affects, agents or employees as aforesaid, the Seller hereby agrees to nasume be defame thereof and in defend Me same at be Sellers own expense, to pay any and all costs, charges, mtomeys fees and other expenses, any and all judgments that may be incurred by or obtained against be Purchaser or my of ils or their affects, agent or employees in such suits or other proceedings, and in case judgment or other lion be placed upon or obtained against be pmpedy of the Phrequar, or and patio in or as a result of such suits or other proceedings, fe Sella will at ..on muse be name to be dissolved and discharged by giving band or whowbse. no Sella aced his contractors shell take all safety protectors, famish and insall all guuds nooessary for the preveafion of accidents, comply with ell laws and regulations wit regain to safety including, but without limitation, the Occupational Safety and Half Act of 1970 read all roles and regulations iasued pursued thertw. Revised 03R010