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HomeMy WebLinkAbout539869 VOGEL CONCRETE INC - PURCHASE ORDER - 9143907Fort Collins Date: 07/14/2014 Vendor: 539869 VOGEL CONCRETE INC 6330 S COLLEGE AVE FORT COLLINS CO 80525 PURCHASE ORDER PO Number Page 9143907 1o1`2 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: 07/11/2014 Buyer: JOHN STEPHEN Note: Line Description Quantity UOM Unit Price Extended Ordered Price 1 2014 SMP CONCRETE CONTRACT PER TERMS AND CONDITIONS OF BID 7361 AND AGREEMENT DATED MARCH 18, 2014 and assigment of contract dated July 7, 2014 2 2014 SMP CONCRETE CONTRACT 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 1 LOT LS Total Invoice Address: 177,350.54 813,021.55 19 City of Fort Collins Accounting Department PO Box 580 Fort Collins, CO 80522-0580 Purchase Order Terms and Conditions Page 2 of 2 L COMMERCIALDETAIM. Tax exemptions. By statute the City of Pon Collins is exempt fiver state and local razes. Our Exemption Number is It NON WAIVER. 98-04502. Federal Excise Tax Exemption Cenatime of Registry 84-6000581 is registered with the Collector of Failure of the Purchaser to insist upon inner performance of the toms, and conditions hereof. failure or delay to Internal Revenue, Denver, Colorado (Ref. Colorado Revised Statutes 1973, Chapter 39-26, 114 (a). exercise any rights or remedies provided Immin or by law, failure to promptly notify the Seller in the event of a breach, the acceptance of or payment for goods hereunder or approval ofthe design, shall not release the Seller of Goods Rejected. GOODS RD ECtED due to failure 10 meet sister ficmiose, either when shipped or due 10 defects or any of the warranties or obligations of this pumhax order and shall not be deemed a waiver of any right of the damage in transit, may be relumedm you for credit and are not to be replaced except upon receipt of warren purchaser to insist upon strict performance harmfor any of its rights orremedies m to any such'eods, regardless instructions from the City of Fon Collins. of when shipped, received or accepted, as to any prior or subsequem default hereunder, nor shall any purported oral modification or rescission of Nis purchase order by the Purchaser operate as a waiver of any of the terns Inspection. GOODS are subject o the City of Fort Collins inspection on artbal. hereof. Final Acceptance. Receipt of the mmaboundise, services or equipment in response to Nis order can if in 12. ASSIGNMENT OF ANTITRUST CLAIMS. aulhummd payment on the pan of the City of To" Collins. Ifoauveq it is to he understood Nat FINAL Seller end the Purchaser recognize that in actual n is practice, eventual reaching from antitrust ACCEPTANCE is dependent upon completion of all applicable required inspection procedures, violations art in fact home by the Purchaser. Theretofore, forgoodcause and m consideration for executing this purchase order, the Seller hereby assigns to the Purchaser any and all claims it may now have or hem,mr Freight Terms. Shipments must be ROD., City of ran Collins, 700 Wood St, Fon Collins, CO 80522, unless acquired under federal or state antitrust laws for such overcharges relining to the perfrata goods or services olhemise specified on this order. If peace mon is given to prepay freight and charge separately, the original freight purchased or acquired by the Purchaser pursuantto this purchase order. bill must accompany invoice. Addhional charges for packing wi 11 not be accepted. Shipment Distance. Where manufacturers have dismbuting points in various pans of the country, shipment is expected fmm the nearest distribution .in, to destination, and excess freight will be deducted from Invoice when shipments arc made fmm g.am, distance. Permits. Seller shall procure at sellers sole cost all necessary permits, certificates and licenses required by all applicable laws, regulations, ordinances and rules of the state, municipality, runway or political subdivision where the work is perforated, or requital by any other duty wondered public authority havingjunis ichem over the work of vendor Seller further agrees to hold Ne City of Fan Collins hamdess farm and against all liability and loss inerroM by them by reason of an asserted or established violation of my such lasys, regulations, ordinances, miles and requirements. Authorization. All ponies to this contract agree but the representatives are, in fact, bona fide mad possess full and recorder, nmheiity to bind said parties. LIMITATION OF TERMS, This Purchase Order expressly limits acce,amer, m the terms and conditions sorted herein set forth and any supplementary or additional corns and conditions removed hereto or incorporated herein by reference. Any additional or different terms and conditions proposed by seller are objected to and hereby rejm d, 2. DELIVERY. PLEASE ADVISE PURCHASING AGENT immediately if you cannot make complete shipment to amve on your Promised deliver' date as noted. Time is of the Osenm. Delivery and performance most be, effected within the lime stated on the purchase order and the documenn attached hereto. No asks of the Purchasers including, without hinialion, acceptance of partial lake deliveries, shall operate as a waiver of this provision. In the event of any delay, the Pnrchuer shall have, in addition to other legal and equitable remedies, the option of placing this order elttwhwe sail holding the Seller liable for damages However, the Seller shall not be liable for damages as a result of delays due to causes not reasonably foreseeable which are beyond its reasonable control and without its fault of negligence, such acts of Gad, acts of civil or military authorities, governmental priorities, fires, strikes, Hood, epidemics, wars or riots provided that notice of the renditions causing such delay is given to the Purchaser within five (5) days of the time when me Seller first received knowledge thereof In the event of any such delay, the dam of delivery shall be extended for the period equal Ib 1he time asmally lost by reason of the delay. 3. WARRANTY. The Seller warrants that all goods, articles, materials and work covered by this order will southern with applicable drawings, specifications, samples and/or other descriptions given, will be fit for the purposes intended, and Performed with the highest degree of care and competence in accordance with accepted standards for work of a milar nature. The Seiler 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 warranty. The Seller shall replace, repair or make good, without cost no the purchaser, 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 teats artery applicable warranty provided by the Seller alter the date of acceptance of the goods famished hereunder (acceptance not to be unreasauably delayed), resulting from imperfect or detecive work done or materials fumishad by the Sella. Acceptance or toe of goods by the Purchaser shall not constitute a waiver ofany claim uMn this warranty. Except as otherwise provided in this purchase order, the Sellers liability hereunder shall extend to all damages immaturely aturely caused by the breach of any of the foregoing wararbas or guarantees, but such liability shall in no event include lass of profits or loss of use. NO IMPLIED WARRANTY OR MERCHANTABILITY OR OF FITNESS FOR PURPOSE SHALL APPLY. 4. CHANGES IN LEGAL TERMS. True Purchaser may male changes m legal reins by wnuen change aide,. 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 quantities annually sedated is be specifications or drawings, by vart d or woven change order. If any such change officers the amount due or the time ofpceformance Interpreter, an equitable adjustment shall be made. 6. TERMINATIONS. The Purebasn may at any time by wrinen change order, mraimm this agreement as to my or all portions of the goods then not shipped, subject to my equitable adjosment between the ponies as in any work or commands then in ,agrees provided that the Franchise, her not be liable Ibr any claims for anticipated pmfts on the uncompleted portion of the goods andor work, for incidental or corsequential damages, and deal no such s ftiormenl be made in that of the Seller with ,.,act ,, any goods which are the Sellers standard stock. No such lami nation shall relieve the Purchaser or the Seller of any ref their ab11gat1nns as to any goods delivered hereunder. i. CLAIMS FOR ADJUSTMENT. Any claim for adjustment must he asserted within thirty (30) days from the date she change or termination is ordered. S. COMPLIANCE WITH LAW. The Seller warrants that all goods said hemproder shall have been produced sold, delivered and f caushN in strict compliance with all applicable laws and regulations in which the goods are subject The Seller shall execute and deliver such drAmenks m may be requird to offer, or evidence compliance. All laws and regulation required to be nenrpomted in agreements of this character are hereby misinformed herein by this reference. The Seller agrees to indemnify and hold the Purchaser harmless man all costs and damages suffered 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, or any monies due or to become due hereunder without the prior warren consent ufthe other party. IRTITLE The Seller wari bill, clear and uneearrieted lithe 1b the Purchaser for all ryuipmen, mammals, grad it. fished in performance of Nis agreement, free and clew artery nor all tram, mstrictions, reserved., anmry interest encumbrances and claims of orders. 13. PURCHASERS PF.RF'OR MANCE OF SELLERS OBLIGATIONS. tribe Purchaser directs the Seller to correct nonconforming or detective goods by a date to be agreed upon by the Purchase, and the Seiler. cad the Seller thereafter indicates its inability o, unwillimgnea to comply, Ne Purcham, may cause the work or he improved] by the as, expeditious means available 1a i,, end the Seller shall Pay al l costs associated with such work. The Seller shall eelease the Purchaser and its contractors of any tier from all liability and claims of any skate resulting fmm the performance of such work. This release shall apply even in the event of Paull of negligence of the parry released and shall calmer to the directors, oRcers and employees ofsuch party. The Seller's contmetusl obligations, including warranty, shall not be deemed gr be reduced, in any way, because such work is performed or mused to be performed by the Producer, 14. PATENTS. Whenever the Seller is mluired to ma any design, device, material or process covered by liner, poem, trademark r copyright, the Seller shall indemnify and save hvmleves the Procreative from any and all claims for infringement by reason of the nse of suaM1 patented design, des ice, material or process in connection with the mince. and shall indemnify the Purchaser for any cost case. m damage which a may be obliged to pay by reason of such infringement at any time during the prosecution or filer the completion of the work. In case said cqumnam, or any pan tharmof or the intended use of the goods, is in such suit held to constitute infringement and the use of said cquipmcre or pan is enjoined, the Seller shall, at its own expense and at its option, either procure for the Purchaser the right m cooling, using sail equipment or parts, replace tiro same with substantially equal but mainfringing a,upmm, or modify it so it becomes wninGnging. 15. INSOLVENCY. If the Seller shall became insolvent or bardmpt make an assignment for the benefit of creditors, appoint a rectiver or trustee for any of the Sellers property or business, this order may fonhwilh be canceled by the Trackman without liability. 16. GOVERNING LAW. The defimniors of corms used or the mmnpretmion of the.,.a. and the rights of all parties hereunder shall be onsrued under and governed by the laws ofthe Seem of Colomi USA. The following Additional Conditions apply only in cases where the Seller is to perform work hareunder, including the services of Sellers Representarvard, on the premises crackers IZ SELLERS RESPONSIBILITY. The Sella shall cony on said work at Seller's own risk until the same is fully completed and accepted, and shall, in ease of any accident destruction or injury to the work real mmmala harbor Scllds final completion and acceptance,..,let, the work to Scllds own experts, and to the satisfaction of the Purchaser. When m scriab and equipmrnt art f fished by others for installation or emctlon by da Sella, the Seller shall receive, unload. store and handle some at the size and Facaarc ausporsible therefor in though such materials and'or escarpment were being dummied by the Seller under the aide,. 19. INSURANCE. The Seller shall, at his own expense, provide for the payment of workers compensation, including occupational disease benefits, to Its employees employed on or in connection with the work covered by this purchase order, and/or to their dependents in accordance with the laws of the state in whi,M1 the work i5 to be done. The Seller shall also carry comprehensive general liability including. but not limited to, contractual and automobile public liability imumnae with bodily injury and death limits of at least 5300,000 for any one person, SSW,WO for any one accident and property damage limit per accident of S400,000. The Seller shall likewise require his vingraver, if any. to provide for such compenvtmn and aromatic. Retort my or the Sellers or his mntmcrom employees shall do my work upon the premises of others, the Seller shall f ish the Purchaser with a certificate that such compensation ana insurance have been provided. Such ttnificams shall specify the date when such compensation and insurance have been provided. Such certificates shall specify the date when such compnwlion and insurance eapirm, The Seller agrees that such compensation and insurance shall be maintained until after the catim work is completed and accepted 19, PROTECTION AGAINST ACCIDENTS AND DAMAGES. The Seller hereby atsurnes the entire responsial Ity and liability for any and all damage, loss or injury of any kind or mlure whaBoever to persons or property caused by or resulting from the execution of the work provided for in this purchase order or in connection herewith. The Seller will indemnify and hold harmless the Purchaser and any r all of the Puhnsrs vofficers, agents and empfla yeas fmm and against my and all claims, sses, damage, cm harges or expcmes, whether direct or indirect, and whether to persons or property to which the Purchaser may I pm or subject by reason of any act action, neglect, omission or default an she rpm of the Seller, any of his ambitious, or my of the Sellers or contractors officers, agents or employees. In case any suit or other proceedings shill be brought against the Purchaser, or its officers, agents ar amployns a1 any rime on scrame, or by reason of any act, astion, neglect omission or default of the Seller of any of his contractors or my of its or their officers, agents or employees as aforesaid, the Seller hereby agrees to assume the dense Hereof and to defend the some al the Sellers own expense, ro pay any and all casts, charges, attorneys fees and other expenses, any and all judgments that may be incurred by or obtained against the Purchaser or any of its or their officers, agents or employees in such stain or other proceedings, and in case judgment or other lien be placed upon or obtained against the property si the Purchaser, or said parties in or as a result of such suits or other proceedings, the Seller will at once cause the same to be dissolved and discharged by giving bond or othem'ig. The Seller and his contractors shall take all safety prmautiors, f mish and install all guar, necessary for the prevention of writhing, comply with all laws and agglutinin; with regard to safety including, but without limitation, the Occupational Safety and Health Act of 1970 and all rules and regulators issued purstwt tlumme. Revised 03Q010