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HomeMy WebLinkAbout108423 VOGEL CONCRETE INC - PURCHASE ORDER - 9143405Fort Collins Date: 06/17/2014 Vendor: 108423 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143405 1of2 This number must appear on all invoices, packing sli s and labels. Ship To: TRANSFORT BUS FACILITY CITY OF FORT COLLINS 6570 FORTNER ROAD CITY OF FORT COLLINS CO 8052 Delivery Date: 06/17/2014 Buver: WILSON. JILL Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 Bus Stop Improvements FTA Section 5317 Grant 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 1 LOT LS 15,000.00 Total Invoice Address: City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 I; IMITIda OID9i aCdiiRiL[IYLUIQGL© Page 2 of 2 1. COMMERCIAL DETAILS. Tax exemption. By smmm the City, of Fort Collins is exempt farm sure and local taxes. Our Exemption Number is 98-04502. Federal Excise Tax Exemption Certificate of Registry 84-6000587 u registered with the Collector of Internal Revenue, Denver, Colorado (Ref. Colorado Revised Son.. 1973. Charms 39-26. 114 fa). Goods Rejected. GOODS REIECTED due coo failure w men specification, either when shipped or due to items. of damage in transit may be, occurred to you for credit and are out tot replaced except upon mucipi of written wortim ors from the City of Fort Collins. Inspection. GOODS are subject to the City of Fort Collins inspection m arrival. Final Acceptance. Receipt of the merchandise, a or equipment in response to this order canresult in autho mind payment on the Ran of the City of Fort Collins. However, it is tot undcmuod thatFINAL ACCEPTANCE is dependent upon completion of all applicable recruited inspection procedures. Freight Terms. Shipments must be F.00., City of Fort Collins, 100 Wood St, Fort Collins, CO 80522, unless Otherwise specified tin this order. If pemission is given to prepay freight and charge separately, the original (might bill mart accompany invoice. Additional charges far parking will un1 be accepted. Shipment Distance. Where manufacturers have distributing points in various parts of the country, shipment is expected from the inanat distribution point to destination, and excess freight will be deducted Imam Invoice when shipments are made from greater distance. Permits, Seller shall procure at sellers sale cast all necessary permits, certificates and licenses terminal by all applicable laws, regulations, ordinances and roles afthe stare, municipality, territory or political subdivision where the nark is perfnned, or required by any other duly constituted public authority having ju ialicliun over the work of vendor, Seller !under agrees to hold the City of Fort Collins homrless farm and against all liability and loss incurred by them by reason of an assured or established violation of any such laws, regulations, ordinances, rates and nanocamads. Aulhorixation. All pries to this contract agree Char the representatives are, in fact, barn ride and possess full and complete authority to bind said panic. LIMITATION OF TERMS, This Purchase Order espussly limits -car.. to the mars and mnditiions sorted herein set both and any supplementary or additional terms and conditions amuxed being, or incorporated herein by referenw. Any adi irioml or different mars and condition proposed by seller arc objected in and hereby rejected. 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you mount make complete shipment o arrive on your promised delivery date as noted. Time is of the essence. Delivery and pxrExwa a rent he efRcted within the now stated on the purchase order and the documents attached berate. No acts of the Purchasers including, without limitation, acceptance of partial late deliveries, shall operate as a waiver of this prevision. In the event of any delay, the Purehner shall have, in addition to other legal and attainable remedies, the option ofpfcing his order elsewhere and holding the Seller liable for damages. However, the Seller shall not be liable for damages as a result of delays due to causes not maximally foreseeable which are beyond its reasonable control and without is fault of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes. Baal, epidemics, wars or riots provided that notice of the condition caning such delay is given to the Parchner within five (5) days of the time when the Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be, extended for the period ryual to the time actually last by reason of the delay. 3. WARRANTY. The Seller warrants that all good, articles, materials and work covered by this order will conform with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended. and performed with the highest degree of cam and competence in accordance with accepted standards fir work of a similar many. The Seller agrees m hold the purchaser harmless from any loss, damage or expense which the Purchaser may suffer or incur on account of the Sellers breach of waranty. The Seller shall replace, repair or make good, without cost to the purchase, 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 terns of my applicable warranty provided by the Seller after the date of acceptance of the good fmished hereunder (acwptance rim to be unreasonably delayed), resulting from imperfect m defensive work done an materials famished by the Seller, Acceptance or we of goad by the Purchaser shall not constitute a waiver of any claim under this wamny. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages pmaimmely roused by the breach of any of the foregoing wammles or gmmmces, but such liability shall in no event include loss ofparfits or loss of we. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS, The Purchaser may make changes to legal terns by wripm change order. 5. CHANGES IN COMMERCIAL TERMS. The Purchaser may make any changes to the terns, other than legal terms, including addition to or deletions from the gmnmitiw originally ordered in the specifications or drawings, by verbal or written change order. If any such change affectsamount the due or the time ofpeRomaance recon equ itable uitable adintmeat shall Is. made. 6. TERMINATIONS. The Purchases may at any time by written change order, remiare this agreement as to any or all portions of the goads then not shipped, subject to any equiable adjustment between the pansies s to any work or materials then in pmgress provided that the Purchaser shall Out be liable for any claims for anticipated profits on the uncompleted portion of the goods and/or work, for incidental or translational damages, and that no such adjustment be made in favor of the Seller with respect to any good which are the Sellers standard n,ask. No such mminmian shall relieve the Purchaser or the Seller of any oftheir obligations as to any goods delivered hereunder. p. CLAIMS FOR ADI USTMENT. Any claim for adjustment must be asserted within thirty (30) days from the data the change or termination is ordunaL 8. COMPLIANCE WITH LAW. The Seller warrants that all goods sold hereunder shall have been produced, sold, delivered and famished in strict compliance with all applicable laws and regulations m which the good arc subject. The Seller shall execute and deliver such dmumens as may the r quired in effect or evidence compliance. All laws and regulations required to as ifirm,firroad in agreemcns of this charanser we hereby incorporated herein by this reference. The Seller agrees to indemnify and hold thc Ptuchoser harmless from all ens and damages sufetd 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, as any monies due or to become due hereunder without the prior wrten consent of the order pay. 10. TITLE. The Seller warns full, clear And catechismal title to the Purchaser for all equipment mammals, and items famished in performance of this agreement, (ace and chain of any and all lien, restrictions. reservations, security interest eruvmbtmces and claims,(others. 11. NONWAR'ER. Failure of the Purchaser to inks upon stict performance of the terms and condition hereof, failure or delay an y rights or remedies provided herein or by law, failure to promptly notify the Seller in the event of a broh cemy acceptance arm paymmt for goads hereunder or approval film design, shall not release the Seller of any of the warranties or obligations of this purchase order mad shall trot In, dcerrmed a waiver of any right of the purehser to insist upon strict performance harmfm any of its rights or remedies as in any such good, regardless of when shipped, received or accepted, ss to my prior or subsequent default hereunder, we shall any postponed oral madifrmion or rescission of this purchase order by the Purchaser operate w a waiver of any of the terms hereof. 12. ASSIGNMENT OF ANTITRUST CLAIMS. Seller and the Purchaser recognize that in actual mommic practice, overeat resulting farm entiuust violation are in fact home by the Purchases. Themofore, for good cause and as consideration for executing this purchase order, the Seller hereby assign to the Purchaser any and all claims it may raw have or hereafter acquired under federal or state antitrust laws for such overcharges relating to the particular good or services purchased or acquired by the Purchases pursuant to this purchase order. 13. PURCHASERS PERFORMANCE OF SELLERS OBLIGATIONS. Ifire Purchaser drivers the Seller to correct nonconforming or defective goods by a data rot agreed upon by the Purchmer and the Seller, and the Seller thereafter indicates its inability Or unwillingness to comply, the Purchaser may cause the work to be performed by the most expeditious means available to it, and the Seller shall pay all costs associated with such work. The Seller shall releae the Purchaser and i6 contractors of any vier from all liability and claims of any amre resulting troar the perfamtance of such work. This release shall apply even In the ever a fault of ne,li,eace of the puny released and shall extend m the directors, olEcers and employees of such party. The Seller's conractual obligation, including warranty, shall not be domed to be reduced, in any way, because such work is performed or wood to that, performed by the Purchaser. 14. PATENTS. Whenever the Seller is requited to use any design, device, material or process covered by lener. patent trademark r copyright, the Seller shall indemnify aM save hurtles the Purchaser from my arad all claims for infringement by reason of the rise of such patented design, device, material an prowess in connection with the contact and Shall indemnify the Purchaser for any cos, expense or damage which it may t obliged to pay by reason of such infringement at my time during the prosecution or after the completion of she work. In cos said equipment, or any pan themrm the intended use of the goads, is in such suit held to cone irate infringement aced the use of said 'id'ar e m or pan is enjoimmed, the Seller shall, ut its own expense aM at its option, either procure for the Purchaser the right to continue using said equipment or pans, replan the same with substantially equal but noninfringing equipmmr, or modify it so it becomes unnatura ing. 15. INSOLVENCY. If the Seller shall become insolvent or hatimp, make an assignment for the benefit of eredimrs, appoint a receiver or trustee for any of the Sellers property or business, this order may forthwith be canceled by the Purchaser without liability. 16. GOVERNING LAW. The defnirions ofrerms used err the imerpreturian afthe agreement and the rights ofall parties hereunder shall be emmmed under and governed by the laws ofthe State ofCulorado, USA. The following Additional Conditions apply only in cases where the Seller is to perform work heeunder, including the services of Sellers Representative(s). oa the promises ofothers. 17. SELLERS RESPONSIBILITY. The Seller shall carry on said work at Seller's awn risk until the vane is fully completed and accepted, and shall, in u of my accident destruction or injury to the work and/or materials before Sellers fiat completion and acceptance, complete the work at Sellms on expume card to the satisfctim of the Practical. When mzmdais road equipment au fmished by others for installation or erection by the Seller, the Seller shall receive, unlad store mad handle same err she site and become responsible therefor as though such materials and/or eryipmrnt were being famished by she Seller coder the order. 18. INSURANCE. The Seller shall, at his owes expense, provide for the payment of w'aranx compensation, including occuleatioal disease Israelis, to its employees employed on or in connection with the work covered by this purchase order, andfr to their dependents in remrdantt wish the laws of the slam in which fie work u to t done. The Seller shall also carry comprehensive general liability including, but not limited to, contmetual and automobile public liability inunnce with bodily injury and death limits of an lest S300,000 for any one person, S50QOW for any conaccident and property damage limit Per accident of S4W,000. The Seller shall likewise require his trctors, if any, m provide for such compensation and insurance. Before any of the Sellers or his contractors employees shall do any work upon the premises of others, the Seller shall burnish the Purchaser with a cerifnte that such compmwtion and insurance have ten pmvided. Such veriGcnms shall specify the date when such ompensation and insurance have been provided. Such certificates shall specify the dam when such compensation and inumnce expires. The Seller agrees that such compensation and insurance shall t 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 or injury ofany kind r nature whensoever to prisons or property caused by or resulting from the execution ofthe work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any cr all of the Purchasers officers, agents and employees farm and against any and all claims, losses, damages, harges or expenses, whether direct or indime, and whether to Persons or property to which the Purchaser may be put or subject by reason of any act, action, neglect omission or default on she part of the Seller, my of his anfracwrs, or any of the Sellers or contractors officers, agents or employees. In case my suit or other proceedings shall be brought against the Purchase, or is officers, agens err employees of my time ov account or by reason of my act, action, neglect emission or default of the Seller of any of his contractors or my of is or than afters, agars or employees as aforesaid, the Seller hereby agues to assume the defense fiermf and to defend the same at the Sellers own expense, to pay any and all costs, charges, attumeys fees and ofef expenses, my and all jud%mens that may be, imuned by or obtained against the Purchaser or my of its or their officers, agents or employees in such suits or other proceedings, and in case judgment in other lien Ise placed upon or obnairned against the property, of the Purchaser, or said parties in or res a occult of such saw or other pmceedicip, the Seller will at once arms, life same to be dissolved rand discharged by giving hard or otherwise. The Seller and his contractors shall rake all safety precaution, famish and install all guards mummy, for the prevention of accidents, comply with all aus and regulations with regard to safety including. but without licammun, the Ompatio al Safety and Health As, of 1970 and all notes aM regulations honest poorest burro. Revised 03nOW